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410 ILCS 325/5.5
(410 ILCS 325/5.5)
(from Ch. 111 1/2, par. 7405.5)
(a) Whenever the Department receives a report of HIV infection or AIDS
pursuant to this Act and the Department determines that the subject of the
report may present or may have presented a possible risk of HIV
transmission, the Department shall, when medically appropriate, investigate
the subject of the report and that person's contacts as defined in
subsection (c), to assess the potential risks of transmission. Any
investigation and action shall be conducted in a timely fashion. All
contacts other than those defined in subsection (c) shall be investigated
in accordance with Section 5 of this Act.
(b) If the Department determines that there is or may have been
potential risks of HIV transmission from the subject of the report to other
persons, the Department shall afford the subject the opportunity to submit
any information and comment on proposed actions the Department intends to
take with respect to the subject's contacts who are at potential risk of
transmission of HIV prior to notification of the subject's contacts. The
Department shall also afford the subject of the report the opportunity to
notify the subject's contacts in a timely fashion who are at potential risk
of transmission of HIV prior to the Department taking any steps to notify
such contacts. If the subject declines to notify such contacts or if the
Department determines the notices to be inadequate or incomplete, the
Department shall endeavor to notify such other persons of the potential
risk, and offer testing and counseling services to these individuals. When
the contacts are notified, they shall be informed of the disclosure
provisions of the AIDS Confidentiality Act and the penalties therein and
(c) Contacts investigated under this Section shall in the case of HIV
infection include (i) individuals who have undergone invasive procedures
performed by an HIV infected health care provider and (ii)
health care providers who have performed invasive procedures for persons
infected with HIV, provided the Department has determined that there is or
may have been potential risk of HIV transmission from the health care
provider to those individuals or from infected persons to health care
providers. The Department shall have access to the subject's records to
review for the identity of contacts. The subject's records shall not be
copied or seized by the Department.
For purposes of this subsection, the term "invasive procedures" means
those procedures termed invasive by the Centers for Disease Control in
current guidelines or recommendations for the prevention of HIV
transmission in health care settings, and the term "health care provider"
means any physician, dentist, podiatric physician, advanced practice registered nurse, physician assistant, nurse, or other person providing
health care services of any kind.
(d) All information and records held by the Department and local health
authorities pertaining to activities conducted pursuant to this Section
shall be strictly confidential and exempt from copying and inspection under
the Freedom of Information Act. Such information and records shall not be
released or made public by the Department or local health authorities, and
shall not be admissible as evidence, nor discoverable in any action of any
kind in any court or before any tribunal, board, agency or person and shall
be treated in the same manner as the information and those records subject
to the provisions of Part 21 of Article VIII of the Code of Civil Procedure except under
the following circumstances:
(1) When made with the written consent of all persons
to whom this information pertains;
(2) When authorized under Section 8 to be released
under court order or subpoena pursuant to Section 12-5.01 or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of 2012; or
(3) When made by the Department for the purpose of
seeking a warrant authorized by Sections 6 and 7 of this Act. Such disclosure shall conform to the requirements of subsection (a) of Section 8 of this Act.
(e) Any person who knowingly or maliciously disseminates any
information or report concerning the existence of any disease under this
Section is guilty of a Class A misdemeanor.
(Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18