Section 693.100  Confidentiality

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.  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. (Section 8(a) of the Act)

b)         Such information shall not be released or made public by the Department or its authorized representatives, by a court or parties to a lawsuit upon revelation by subpoena, or by a court conducting proceedings authorized by subsection (c) of Section 6 of the 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 (Section 8(a)(1) of the Act),

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 (Section 8(a)(2) of the Act),

3)         When made to medical personnel, appropriate state agencies, such as the Department of Children and Family Services, or courts of appropriate jurisdiction to enforce the provisions of the Act and this Part (Section 8(a)(3) of the Act),

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 the Act (Section 8(a)(4) of the Act),

5)         When authorized by the HIV/AIDS Registry System regulations (see 77 Ill. Adm. Code 697.210),

6)         When authorized by the AIDS Confidentiality Act (see 77 Ill. Adm. Code 697.140),

7)         When made to a school principal pursuant to Section 697.400 of the HIV/AIDS Confidentiality and Testing Code (see 77 Ill. Adm. Code 697.400).

c)         A court hearing a request for the issuance of a warrant as authorized in subsection (c) of Section 6 of the 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. (Section 8(c) of the Act)

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 representative pursuant to the provisions of the Act, or concerning the existence or contents of such reports received from a private physician or private health care facility, pursuant to the provisions of the Act, without the consent of the person examined and treated for such a disease, except in proceedings under Sections 6 and 7 of the Act.  (Section 8(d) of the Act)

e)         All information and records held by the Department and Local Health Authorities pertaining to health care contact risk assessment and notification activities 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 the Code of Civil Procedure except under the following circumstances (Section 5.5 of the Act):

1)         When disclosure is made with the written consent of all persons to whom this information pertains;

2)         When authorized under Section 8 of the Act to be released under court order or subpoena pursuant to Section 12-16.2 of the Criminal Code of 1961; or

3)         When disclosure is made by the Department for the purpose of seeking a warrant authorized by Sections 6 and 7 of the Act.  Such disclosure shall conform to the requirements of subsection (a) of Section 8 of the Act.

f)          Any person who knowingly or maliciously disseminates any information or report concerning the existence of any disease under Section 5.5 of the Act is guilty of a Class A Misdemeanor. (Section 5.5(d) of the Act)

(Source:  Amended at 22 Ill. Reg. 22026, effective December 9, 1998)