Section 693.80  Isolation for AIDS and HIV

a)         When a Local Health Authority, Designated Agency or the Department, where applicable, knows or has reason to believe, because of medical or epidemiological information, that a person within its jurisdiction is a Noncompliant HIV Carrier, it shall initiate and document all reasonable efforts to obtain the voluntary cooperation of such person for appropriate counseling, education, and cessation of noncompliant behavior, and shall pursue court-ordered counseling as described in Section 693.70(c) of this Part.

b)         A "Noncompliant HIV Carrier," for purposes of this Section, means a person who knows or has reason to know that he or she is infected with HIV and is presently capable of infecting others, yet is engaging in conduct or activities which place others at risk of exposure to HIV infection, as demonstrated by one or more of the following:

1)         Selling or donating blood, sperm, organs or other tissues or bodily fluids,

2)         Attempting, offering or soliciting to engage in sexual activities of a nature likely to transmit HIV,

3)         Engaging in sexual activities of a nature likely to transmit HIV,

4)         Sharing intravenous drug needles with another person, or

5)         Actions or statements by the individual that are clear and credible indicators of his or her intention or substantial likelihood to place others at risk of exposure to HIV infection, such as a reasoned statement of intent to perform a specific action in order to infect another person.

c)         If all attempts at voluntary cooperation have failed to the extent that the noncompliant individual continues to engage in conduct or activities which place others at risk of exposure to HIV infection, the Local Health Authority or Designated Agency when it determines that it has explored and exhausted all possible reasonable means to obtain compliance may request the Department to seek a court order, pursuant to Section 7(b) of the Act, for isolating such person into a restricted environment until such time as he or she has demonstrated a willingness and ability as shown by reported acts and statements of intention to refrain from behavior which places others at risk of exposure to HIV infection.  The Department may also seek such a court order on its own initiative.

(Source:  Amended at 15 Ill. Reg. 11686, effective August 15, 1991)