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Public Act 102-0185


 

Public Act 0185 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0185
 
HB0739 EnrolledLRB102 02799 CPF 12807 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Sexually Transmissible Disease
Control Act is amended by changing Section 6 as follows:
 
    (410 ILCS 325/6)  (from Ch. 111 1/2, par. 7406)
    Sec. 6. 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, or trichomoniasis 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
        Department.
        (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.)

Effective Date: 1/1/2022