Illinois General Assembly - Full Text of HB2800
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Full Text of HB2800  100th General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Perinatal HIV Prevention Act is amended by
5changing Sections 5, 10, 15, 30, and 35 as follows:
6    (410 ILCS 335/5)
7    Sec. 5. Definitions. In this Act:
8    "Birth center" means a facility licensed by the Department
9under paragraph (6) of Section 35 of the Alternative Health
10Care Delivery Act.
11    "Department" means the Department of Public Health.
12    "Health care professional" means a physician licensed to
13practice medicine in all its branches, a licensed physician
14assistant, or a licensed advanced practice nurse.
15    "Health care facility" or "facility" means any hospital,
16birth center, or other institution that is licensed or
17otherwise authorized to deliver health care services.
18    "Health care services" means any prenatal medical care or
19labor or delivery services to a pregnant woman and her newborn
20infant, including hospitalization.
21    "Opt-out testing" means an approach in which an HIV test is
22offered to the patient, such that the patient is notified that
23HIV testing may occur unless the patient opts out by declining



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1the test.
2    "Third trimester" means the 27th week of pregnancy through
4(Source: P.A. 99-173, eff. 7-29-15.)
5    (410 ILCS 335/10)
6    Sec. 10. HIV counseling and offer of HIV testing required.
7    (a) Every health care professional who provides health care
8services to a pregnant woman shall, unless she already has a
9negative HIV status has already been tested during the third
10trimester of the current pregnancy, or is already HIV-positive,
11provide the woman with HIV counseling, as described in subpart
12(d) of this Section, and shall test her for HIV on an opt-out
13basis unless she refuses. The counseling and testing or refusal
14of testing shall comply with the requirements for informed
15consent in the AIDS Confidentiality Act and be documented in
16the pregnant woman's medical record as required by the AIDS
17Confidentiality Act. A refusal may be verbal or in writing.
18     A health care professional shall provide the first opt-out
19HIV testing counseling and recommend the testing as early in
20the woman's pregnancy as possible. The health care professional
21providing health care services to a pregnant woman in the third
22trimester shall perform a second round of opt-out HIV testing,
23ideally by the 36th week of pregnancy, unless the pregnant
24woman already has a negative HIV status from the third
25trimester of the current pregnancy, or is already HIV-positive.



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1For women at continued risk of exposure to HIV infection in the
2judgment of the health care professional, a repeat test should
3be recommended late in pregnancy or at the time of labor and
4delivery. The counseling and testing or refusal of testing
5shall be documented in the woman's medical record.
6    (b) Every health care professional or facility that cares
7for a pregnant woman during labor or delivery shall, unless she
8has already has a negative HIV status from been tested during
9the third trimester of the current pregnancy, or is already
10HIV-positive, provide the woman with HIV counseling, as
11described in subpart (d) of this Section, and rapid opt-out HIV
12testing unless she refuses. The woman in labor or delivery may
13refuse the HIV test verbally or in writing. A refusal may be
14verbal or in writing. The counseling and testing or refusal of
15testing shall be documented in the laboring or delivering
16woman's medical record. The health care facility shall adopt a
17policy that provides that as soon as possible within medical
18standards after the infant's birth, the delivering mother's HIV
19test result, if available, shall be noted in the newborn
20infant's medical record. It shall also be noted in the newborn
21infant's medical record if the mother's third trimester HIV
22test result is not available because she was not tested in the
23third trimester has not been tested or has declined testing.
24Any testing or test results shall be documented in accordance
25with the AIDS Confidentiality Act.
26    (c) Every health care professional or facility caring for a



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1newborn infant shall, upon delivery or as soon as possible
2within medical standards after the infant's birth, provide
3counseling as described in subsection (d) of this Section to
4the parent or guardian of the infant and perform rapid HIV
5testing on the infant, when the HIV status of the infant's
6mother is unknown, or if the delivering woman did not undergo
7HIV testing in the third trimester of the current pregnancy.
8    (d) The counseling required under this Section must be
9provided in accordance with the AIDS Confidentiality Act and
10must include the following:
11        (1) For the health of the pregnant woman, the voluntary
12    nature of the testing, the benefits of HIV testing,
13    including the prevention of transmission, and the
14    requirement that HIV testing be performed unless she
15    refuses and the methods by which she can refuse.
16        (2) The benefit of HIV testing for herself and the
17    newborn infant, including interventions to prevent HIV
18    transmission.
19        (3) The side effects of interventions to prevent HIV
20    transmission.
21        (4) The statutory confidentiality provisions that
22    relate to HIV and acquired immune deficiency syndrome
23    ("AIDS") testing.
24        (5) The requirement for mandatory testing of the
25    newborn if the mother's HIV status during the third
26    trimester of pregnancy is unknown and if the mother was not



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1    rapidly tested for HIV at delivery at the time of delivery.
2        (6) An explanation of the test, including its purpose,
3    limitations, and the meaning of its results.
4        (7) An explanation of the procedures to be followed.
5        (8) The availability of additional or confirmatory
6    testing, if appropriate. Counseling may be provided in
7    writing, verbally, or by video, electronic, or other means.
8    The pregnant or delivering woman must be offered an
9    opportunity to ask questions about testing and to decline
10    testing for herself.
11    (e) All counseling and testing must be performed in
12accordance with the standards set forth in the AIDS
13Confidentiality Act, including the informed consent provisions
14of Sections 4, 7, and 8 of that Act, with the exception of the
15requirement of consent for testing of newborn infants.
16     Consent for testing of a newborn infant shall be presumed
17when a health care professional or health care facility seeks
18to perform a test on a newborn infant whose mother's HIV status
19is not known either in the third trimester of pregnancy or at
20delivery, provided that the counseling required under
21subsection (d) of this Section and the AIDS Confidentiality Act
22has taken place.
23    (f) The Illinois Department of Public Health shall adopt
24necessary rules to implement this Act by July 1, 2008.
25(Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08.)



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1    (410 ILCS 335/15)
2    Sec. 15. Reporting.
3    (a) Health A health care facilities facility shall adopt a
4policy that provides that a report of a preliminarily
5HIV-positive woman identified by a rapid HIV test or and a
6report of a preliminarily HIV-exposed newborn infant
7identified by a rapid HIV test conducted during labor and
8delivery or after delivery shall be made to the Department's
9Perinatal HIV Hotline within 12 hours but not later than 24
10hours of the test result after birth. Section 15 of the AIDS
11Confidentiality Act applies to reporting under this Act, except
12that the immunities set forth in that Section do not apply in
13cases of willful or wanton misconduct.
14    (b) The Department shall adopt rules specifying the
15information required in reporting the preliminarily
16HIV-positive pregnant or post-partum woman and preliminarily
17HIV-exposed newborn infant and the method of reporting. In
18adopting the rules, the Department shall consider the need for
19information, protections for the privacy and confidentiality
20of the infant and parents, the need to provide access to care
21and follow-up services to the infant, and procedures for
22destruction of records maintained by the Department if, through
23subsequent HIV testing, the pregnant or post-partum woman or
24newborn infant is found to be HIV-negative.
25    (c) The confidentiality provisions of the AIDS
26Confidentiality Act shall apply to the reports of cases of



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1perinatal HIV made pursuant to this Section.
2    (d) Health care facilities shall monthly report aggregate
3statistics to the Department that include the number of
4pregnant or delivering infected women who presented with known
5HIV status; , the number of pregnant women rapidly tested for
6HIV in labor and delivery as either a first HIV test or a
7repeat third trimester HIV test; , the number of newborn infants
8rapidly tested for HIV-exposure because the HIV status of the
9delivering woman was unknown in the third trimester, or the
10delivering woman refused testing; , the number of preliminarily
11HIV-positive pregnant or delivering women and preliminarily
12HIV-exposed newborn infants identified; , the number of
13families referred to case management; , and other information
14the Department determines is necessary to measure progress
15under the provisions of this Act. Health care facilities must
16report the confirmatory test result when it becomes available
17for each preliminarily positive rapid HIV test performed on the
18pregnant or delivering woman and on a newborn.
19    (e) The Department or its authorized representative shall
20provide case management services to the preliminarily positive
21pregnant or post-partum woman or the parent or guardian of the
22preliminarily positive newborn infant to ensure access to
23treatment and care and other services where the pregnant or
24post-partum woman or the as appropriate if the parent or
25guardian of the newborn infant has consented to the services.
26    (f) Every health care facility caring for a newborn infant



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1whose mother had been diagnosed HIV positive prior to labor and
2delivery shall report a case of perinatal HIV exposure in
3accordance with the HIV/AIDS Registry Act, the Illinois
4Sexually Transmissible Disease Control Act, and rules to be
5developed by the Department. If after 18 months from the date
6that the report was submitted, a newborn infant is determined
7to not have HIV or AIDS, the Department shall remove the
8newborn infant's name from all reports, records, and files
9collected or created under this subsection (f).
10(Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08.)
11    (410 ILCS 335/30)
12    Sec. 30. Objections of parent or guardian to test. The
13provisions of this Act requiring testing for HIV shall not
14apply when a parent or guardian of a child objects to HIV
15testing thereto on the grounds that the test conflicts with the
16parent's his or her religious tenets and practices. A written
17statement of the objection shall be presented to the physician
18or other person whose duty it is to administer and report the
19tests under the provisions of this Act.
20(Source: P.A. 94-910, eff. 6-23-06.)
21    (410 ILCS 335/35)
22    Sec. 35. Department report. The Department of Public Health
23shall prepare an annual report for the Governor and the General
24Assembly on the implementation of this Act that includes



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1information on the number of HIV-positive pregnant women who
2presented with known HIV status, the number of pregnant women
3rapidly tested for HIV in labor and delivery, the number of
4newborn infants rapidly tested for HIV exposure, the number of
5preliminarily HIV-positive pregnant women and preliminarily
6HIV-exposed newborn infants identified, the confirmatory test
7result for each preliminarily positive rapid HIV test performed
8on the woman and newborn, the number of families referred to
9case management, and other information the Department
10determines is necessary to measure progress under the
11provisions of this Act. The Department shall assess the needs
12of health care professionals and facilities for ongoing
13training in implementation of the provisions of this Act and
14make recommendations to improve the program.
15(Source: P.A. 94-910, eff. 6-23-06.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.