(410 ILCS 325/3)
(from Ch. 111 1/2, par. 7403)
As used in this Act, unless the context clearly
(1) "Department" means the Department of Public Health.
(2) "Local health authority" means the full-time official health
department of board of health, as recognized by the Department, having
jurisdiction over a particular area.
(3) "Sexually transmissible disease" means a bacterial, viral, fungal or
parasitic disease, determined by rule of the Department to be sexually
transmissible, to be a threat to the public health and welfare, and to be a
disease for which a legitimate public interest will be served by providing
for regulation and treatment. In considering which diseases are to be
designated sexually transmissible diseases, the Department shall consider
such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma
venereum, genital herpes simplex, chlamydia, nongonococcal urethritis
(NGU), pelvic inflammatory disease (PID)/Acute
Salpingitis, syphilis, Acquired Immunodeficiency Syndrome (AIDS), and Human
Immunodeficiency Virus (HIV) for designation, and shall consider the
recommendations and classifications of the Centers for Disease Control and
other nationally recognized medical authorities. Not all diseases that are
sexually transmissible need be designated for purposes of this Act.
(4) "Health care professional" means a physician licensed to practice medicine in all its branches, a licensed physician assistant, or a licensed advanced practice registered nurse.
(5) "Expedited partner therapy" means to prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to the partner or partners of persons clinically diagnosed as infected with a sexually transmissible disease, without physical examination of the partner or partners.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18
(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
(410 ILCS 325/6)
(from Ch. 111 1/2, par. 7406)
Physical examination and treatment.
(a) Subject to the provisions of subsection (c) of this Section, the
Department and its authorized representatives may examine or cause to be
examined persons reasonably believed to be infected with or to have been
exposed to a sexually transmissible disease.
(b) Subject to the provisions of subsection (c) of this Section, persons
with a sexually transmissible disease shall report for complete treatment to a
physician licensed under the provisions of the Medical Practice Act of
1987, or shall submit to treatment at a facility provided by a local health
authority or other public facility, as the Department shall require by rule or
regulation until the disease is noncommunicable or the Department determines
that the person does not present a real and present danger to the public
health. This subsection (b) shall not be construed to require the Department
or local health authorities to pay for or provide such treatment.
(c) No person shall be apprehended, examined or treated for a sexually
transmissible disease against his will, under the provisions of this Act,
except upon the presentation of a warrant duly authorized by a court of
competent jurisdiction. In requesting the issuance of such a warrant the
Department shall show by a preponderance of evidence that the person is
infectious and that a real and present danger to the public health and
welfare exists unless such warrant is issued and shall show that all other
reasonable means of obtaining compliance have been exhausted and that no
other less restrictive alternative is available. The court shall require
any proceedings authorized by this subsection (c) to be conducted in
camera. A record shall be made of such proceedings but shall be sealed,
impounded and preserved in the records of the court, to be made available
to the reviewing court in the event of an appeal.
(d) Any person who knowingly or maliciously disseminates any false
information or report concerning the existence of any sexually
transmissible disease under this Section is guilty of a Class A misdemeanor.
(e) Taking into account the recommendations of the U.S. Centers for Disease Control and Prevention and other nationally recognized medical authorities, the Department shall provide information and technical assistance as appropriate to health care professionals who provide expedited partner therapy services for persons with sexually transmissible diseases.
(1) Notwithstanding any other provision of law, a
health care professional who makes a clinical diagnosis of chlamydia or gonorrhea may prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to the infected person's sexual partner or partners for the treatment of the sexually transmissible disease without physical examination of the partner or partners, if in the judgment of the health care professional the partner is unlikely or unable to present for comprehensive healthcare, including evaluation, testing, and treatment for sexually transmissible diseases. Expedited partner therapy shall be limited to partners who may have been exposed to a sexually transmissible disease within the previous 60 days, if the patient is able to contact the partner.
(2) Health care professionals who provide expedited
partner therapy shall comply with Sections 4 and 5 of the Illinois Sexually Transmissible Disease Control Act.
(3) Health care professionals who provide expedited
partner therapy shall provide counseling for the patient and written materials provided by the Department to be given by the patient to the partner or partners that include at a minimum the following:
(A) a warning that a woman who is pregnant or
might be pregnant must not take certain antibiotics and must immediately contact a health care professional for an examination, and a recommendation for such an examination;
(B) information about the antibiotic and dosage
provided or prescribed; clear and explicit allergy and side effect warnings, including a warning that a partner who has a history of allergy to the antibiotic or the pharmaceutical class of antibiotic must not take the antibiotic and must be immediately examined by a health care professional, and a recommendation for such an examination;
(C) information about the treatment and
prevention of sexually transmissible diseases;
(D) the requirement of abstinence until a period
of time after treatment to prevent infecting others;
(E) notification of the importance of the partner
or partners of the patient to receive examination and testing for HIV and other sexually transmissible diseases, and available resources;
(F) notification of the risk to self, others, and
the public health if the sexually transmissible disease is not completely and successfully treated;
(G) the responsibility of the partner or partners
to inform his or her sex partner or partners of the risk of sexually transmissible disease and the importance of prompt examination and treatment; and
(H) other information as deemed necessary by the
(4) The Department shall develop and disseminate in
electronic and other formats the following written materials:
(A) informational materials for partners, as
required in item (3) of this subsection (e);
(B) informational materials for persons who are
repeatedly diagnosed with sexually transmissible diseases; and
(C) guidance for health care professionals on the
safe and effective provision of expedited partner therapy.
The Department may offer educational programs about
expedited partner therapy for health care professionals and pharmacists licensed under the Pharmacy Practice Act.
(5) A health care professional prescribing,
dispensing, furnishing, or otherwise providing in good faith without fee or compensation prescription antibiotics to partners under this subsection (e) and providing counseling and written materials as required by item (3) of this subsection (e) shall not be subject to civil or professional liability, except for willful and wanton misconduct. A health care professional shall not be subject to civil or professional liability for choosing not to provide expedited partner therapy.
(6) A pharmacist or pharmacy shall not be subject to
civil or professional liability for choosing not to fill a prescription that would cause the pharmacist or pharmacy to violate any provision of the Pharmacy Practice Act, including the definition of "prescription" set forth in subsection (e) of Section 3 of the Pharmacy Practice Act or the definition of "drug regimen review" set forth in subsection (y) of Section 3 of the Pharmacy Practice Act.
(Source: P.A. 96-613, eff. 1-1-10.)
(410 ILCS 325/8)
(from Ch. 111 1/2, par. 7408)
(a) All information and records held by the Department and its authorized
representatives relating to known or suspected cases of sexually
transmissible diseases shall be strictly confidential and exempt from
inspection and copying under The Freedom of Information Act, as amended.
The Department and its authorized representatives shall not disclose
information and records held by them relating to known or suspected cases of
sexually transmissible diseases publicly or in any action of any kind in any
court or before any tribunal, board, or agency, and
such information shall not be released or made public by a court conducting proceedings authorized by
subsection (c) of Section 6 of this Act, except that release of such
information may be made under the following circumstances:
(1) When made with the consent of all persons to
which the information applies;
(2) When made for statistical purposes and medical or
epidemiologic information is summarized so that no person can be identified and no names are revealed;
(3) When made to medical personnel, appropriate State
agencies or courts of appropriate jurisdiction to enforce the provisions of this Act and related rules; or
(4) When made to persons determined by the Department
to be or have been at potential risk of HIV transmission pursuant to Section 5.5 of this Act.
(c) A court hearing a request for the issuance of a warrant as
authorized in subsection (c) of Section 6 of this Act shall conduct such
proceedings in camera. A record shall be made of authorized proceedings
but shall be sealed, impounded and preserved in the records of the court,
to be made available to the reviewing court in the event of an appeal.
(d) No employee of the Department or its authorized representatives
shall be examined in a civil, criminal, special or other proceeding
concerning the existence or contents of pertinent records of a person
examined or treated for a sexually transmissible disease by the Department
or its authorized representatives pursuant to the provisions of this Act,
or concerning the existence or contents of such reports received from a
private physician or private health facility, pursuant to the provisions of
this Act, without the consent of the person examined and treated for such
diseases, except in proceedings under Sections 6 and 7 of this Act.
(e) Any person who knowingly violates the confidentiality provisions of
this Section is guilty of a Class A misdemeanor.
(f) Any person who knowingly or maliciously disseminates any false
information or report concerning the existence of any sexually
transmissible disease under this Section is guilty of a Class A misdemeanor.
(Source: P.A. 89-381, eff. 8-18-95.)