Full Text of SB0212 96th General Assembly
SB0212ham001 96TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 4/22/2009
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| AMENDMENT TO SENATE BILL 212
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| AMENDMENT NO. ______. Amend Senate Bill 212 by replacing | 3 |
| everything after the enacting clause with the following: | 4 |
| "Section 5. The Medical Practice Act of 1987 is amended by | 5 |
| adding Section 64 as follows: | 6 |
| (225 ILCS 60/64 new)
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| Sec. 64. Sexually Transmissible Disease Control Act. No | 8 |
| licensee under this Act may be disciplined for providing | 9 |
| expedited partner therapy in accordance with the provisions of | 10 |
| the Illinois Sexually Transmissible Disease Control Act. | 11 |
| Section 10. The Nurse Practice Act is amended by adding | 12 |
| Section 70-170 as follows: | 13 |
| (225 ILCS 65/70-170 new)
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| Sec. 70-170. Sexually Transmissible Disease Control Act. |
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| No licensee under this Act may be disciplined for providing | 2 |
| expedited partner therapy in accordance with the provisions of | 3 |
| the Illinois Sexually Transmissible Disease Control Act. | 4 |
| Section 15. The Physician Assistant Practice Act of 1987 is | 5 |
| amended by adding Section 25 as follows: | 6 |
| (225 ILCS 95/25 new)
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| Sec. 25. Sexually Transmissible Disease Control Act. No | 8 |
| licensee under this Act may be disciplined for providing | 9 |
| expedited partner therapy in accordance with the provisions of | 10 |
| the Illinois Sexually Transmissible Disease Control Act. | 11 |
| Section 20. The Illinois Sexually Transmissible Disease | 12 |
| Control Act is amended by changing Sections 3 and 6 as follows:
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| (410 ILCS 325/3) (from Ch. 111 1/2, par. 7403)
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| Sec. 3. Definitions. As used in this Act, unless the | 15 |
| context clearly
requires otherwise:
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| (1) "Department" means the Department of Public Health.
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| (2) "Local health authority" means the full-time official | 18 |
| health
department of board of health, as recognized by the | 19 |
| Department, having
jurisdiction over a particular area.
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| (3) "Sexually transmissible disease" means a bacterial, | 21 |
| viral, fungal or
parasitic disease, determined by rule of the | 22 |
| Department to be sexually
transmissible, to be a threat to the |
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| public health and welfare, and to be a
disease for which a | 2 |
| legitimate public interest will be served by providing
for | 3 |
| regulation and treatment. In considering which diseases are to | 4 |
| be
designated sexually transmissible diseases, the Department | 5 |
| shall consider
such diseases as chancroid, gonorrhea, | 6 |
| granuloma inguinale, lymphogranuloma
venereum, genital herpes | 7 |
| simplex, chlamydia, nongonococcal urethritis
(NGU), pelvic | 8 |
| inflammatory disease (PID)/Acute
Salpingitis, syphilis, | 9 |
| Acquired Immunodeficiency Syndrome (AIDS), and Human
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| Immunodeficiency Virus (HIV) for designation, and shall | 11 |
| consider the
recommendations and classifications of the | 12 |
| Centers for Disease Control and
other nationally recognized | 13 |
| medical authorities. Not all diseases that are
sexually | 14 |
| transmissible need be designated for purposes of this Act.
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| (4) "Health care professional" means a physician licensed | 16 |
| to practice medicine in all its branches, a physician assistant | 17 |
| who has been delegated the provision of sexually transmissible | 18 |
| disease therapy services or expedited partner therapy services | 19 |
| by his or her supervising physician, or an advanced practice | 20 |
| nurse who has a written collaborative agreement with a | 21 |
| collaborating physician that authorizes the provision of | 22 |
| sexually transmissible disease therapy services or expedited | 23 |
| partner therapy services, or an advanced practice nurse who | 24 |
| practices in a hospital or ambulatory surgical treatment center | 25 |
| and possesses appropriate clinical privileges in accordance | 26 |
| with the Nurse Practice Act. |
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| (5) "Expedited partner therapy" means to prescribe, | 2 |
| dispense, furnish, or otherwise provide prescription | 3 |
| antibiotic drugs to the partner or partners of persons | 4 |
| clinically diagnosed as infected with a sexually transmissible | 5 |
| disease, without physical examination of the partner or | 6 |
| partners. | 7 |
| (Source: P.A. 85-1209.)
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| (410 ILCS 325/6) (from Ch. 111 1/2, par. 7406)
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| Sec. 6. Physical examination and treatment.
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| (a) Subject to the provisions of subsection (c) of this | 11 |
| Section, the
Department and its authorized representatives may | 12 |
| examine or cause to be
examined persons reasonably believed to | 13 |
| be infected with or to have been
exposed to a sexually | 14 |
| transmissible disease.
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| (b) Subject to the provisions of subsection (c) of this | 16 |
| Section, persons
with a sexually transmissible disease shall | 17 |
| report for complete treatment to a
physician licensed under the | 18 |
| provisions of the Medical Practice Act of
1987, or shall submit | 19 |
| to treatment at a facility provided by a local health
authority | 20 |
| or other public facility, as the Department shall require by | 21 |
| rule or
regulation until the disease is noncommunicable or the | 22 |
| Department determines
that the person does not present a real | 23 |
| and present danger to the public
health. This subsection (b) | 24 |
| shall not be construed to require the Department
or local | 25 |
| health authorities to pay for or provide such treatment.
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| (c) No person shall be apprehended, examined or treated for | 2 |
| a sexually
transmissible disease against his will, under the | 3 |
| provisions of this Act,
except upon the presentation of a | 4 |
| warrant duly authorized by a court of
competent jurisdiction. | 5 |
| In requesting the issuance of such a warrant the
Department | 6 |
| shall show by a preponderance of evidence that the person is
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| infectious and that a real and present danger to the public | 8 |
| health and
welfare exists unless such warrant is issued and | 9 |
| shall show that all other
reasonable means of obtaining | 10 |
| compliance have been exhausted and that no
other less | 11 |
| restrictive alternative is available. The court shall require
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| any proceedings authorized by this subsection (c) to be | 13 |
| conducted in
camera. A record shall be made of such proceedings | 14 |
| but shall be sealed,
impounded and preserved in the records of | 15 |
| the court, to be made available
to the reviewing court in the | 16 |
| event of an appeal.
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| (d) Any person who knowingly or maliciously disseminates | 18 |
| any false
information or report concerning the existence of any | 19 |
| sexually
transmissible disease under this Section is guilty of | 20 |
| a Class A misdemeanor.
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| (e) Taking into account the recommendations of the U.S. | 22 |
| Centers for Disease Control and Prevention and other nationally | 23 |
| recognized medical authorities, the Department shall provide | 24 |
| information and technical assistance as appropriate to health | 25 |
| care professionals who provide expedited partner therapy | 26 |
| services for persons with sexually transmissible diseases. |
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| (1) Notwithstanding any other provision of law, a | 2 |
| health care professional who makes a clinical diagnosis of | 3 |
| chlamydia or gonorrhea may prescribe, dispense, furnish, | 4 |
| or otherwise provide prescription antibiotic drugs to the | 5 |
| infected person's sexual partner or partners for the | 6 |
| treatment of the sexually transmissible disease without | 7 |
| physical examination of the partner or partners, if in the | 8 |
| judgment of the health care professional the partner is | 9 |
| unlikely or unable to present for comprehensive | 10 |
| healthcare, including evaluation, testing, and treatment | 11 |
| for sexually transmissible diseases. Expedited partner | 12 |
| therapy shall be limited to partners who may have been | 13 |
| exposed to a sexually transmissible disease within the | 14 |
| previous 60 days, if the patient is able to contact the | 15 |
| partner. | 16 |
| (2) Health care professionals who provide expedited | 17 |
| partner therapy shall comply with Sections 4 and 5 of the | 18 |
| Illinois Sexually Transmissible Disease Control Act. | 19 |
| (3) Health care professionals who provide expedited | 20 |
| partner therapy shall provide counseling for the patient | 21 |
| and written materials provided by the Department to be | 22 |
| given by the patient to the partner or partners that | 23 |
| include at a minimum the following: | 24 |
| (A) a warning that a woman who is pregnant or might | 25 |
| be pregnant must not take certain antibiotics and must | 26 |
| immediately contact a health care professional for an |
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| examination, and a recommendation for such an | 2 |
| examination; | 3 |
| (B) information about the antibiotic and dosage | 4 |
| provided or prescribed; clear and explicit allergy and | 5 |
| side effect warnings, including a warning that a | 6 |
| partner who has a history of allergy to the antibiotic | 7 |
| or the pharmaceutical class of antibiotic must not take | 8 |
| the antibiotic and must be immediately examined by a | 9 |
| health care professional, and a recommendation for | 10 |
| such an examination; | 11 |
| (C) information about the treatment and prevention | 12 |
| of sexually transmissible diseases; | 13 |
| (D) the requirement of abstinence until a period of | 14 |
| time after treatment to prevent infecting others; | 15 |
| (E) notification of the importance of the partner | 16 |
| or partners of the patient to receive examination and | 17 |
| testing for HIV and other sexually transmissible | 18 |
| diseases, and available resources; | 19 |
| (F) notification of the risk to self, others, and | 20 |
| the public health if the sexually transmissible | 21 |
| disease is not completely and successfully treated; | 22 |
| (G) the responsibility of the partner or partners | 23 |
| to inform his or her sex partner or partners of the | 24 |
| risk of sexually transmissible disease and the | 25 |
| importance of prompt examination and treatment; and | 26 |
| (H) other information as deemed necessary by the |
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| Department. | 2 |
| (4) The Department shall develop and disseminate in | 3 |
| electronic and other formats the following written | 4 |
| materials: | 5 |
| (A) informational materials for partners, as | 6 |
| required in item (3) of this subsection (e); | 7 |
| (B) informational materials for persons who are | 8 |
| repeatedly diagnosed with sexually transmissible | 9 |
| diseases; and | 10 |
| (C) guidance for health care professionals on the | 11 |
| safe and effective provision of expedited partner | 12 |
| therapy. | 13 |
| The Department may offer educational programs about | 14 |
| expedited partner therapy for health care professionals | 15 |
| and pharmacists licensed under the Pharmacy Practice Act. | 16 |
| (5) A health care professional prescribing, | 17 |
| dispensing, furnishing, or otherwise providing in good | 18 |
| faith without fee or compensation prescription antibiotics | 19 |
| to partners under this subsection (e) and providing | 20 |
| counseling and written materials as required by item (3) of | 21 |
| this subsection (e) shall not be subject to civil or | 22 |
| professional liability, except for willful and wanton | 23 |
| misconduct. A health care professional shall not be subject | 24 |
| to civil or professional liability for choosing not to | 25 |
| provide expedited partner therapy. | 26 |
| (6) A pharmacist or pharmacy shall not be subject to |
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| civil or professional liability for choosing not to fill a | 2 |
| prescription that would cause the pharmacist or pharmacy to | 3 |
| violate any provision of the Pharmacy Practice Act, | 4 |
| including the definition of "prescription" set forth in | 5 |
| subsection (e) of Section 3 of the Pharmacy Practice Act or | 6 |
| the definition of "drug regimen review" set forth in | 7 |
| subsection (y) of Section 3 of the Pharmacy Practice Act. | 8 |
| (Source: P.A. 90-14, eff. 7-1-97.)".
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