Full Text of HB0980 95th General Assembly
HB0980ham002 95TH GENERAL ASSEMBLY
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Rep. LaShawn K. Ford
Filed: 4/25/2007
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LRB095 08268 RAS 35439 a |
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| AMENDMENT TO HOUSE BILL 980
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| AMENDMENT NO. ______. Amend House Bill 980, AS AMENDED, | 3 |
| immediately above the enacting clause by inserting the | 4 |
| following: | 5 |
| "WHEREAS, The human immunodeficiency virus (HIV) and | 6 |
| acquired immunodeficiency syndrome (AIDS) are leading causes | 7 |
| of illness and death; and | 8 |
| WHEREAS, Effective September 2006, the U.S. Centers for | 9 |
| Disease Control and Prevention (CDC) revised its | 10 |
| recommendations for HIV testing due to the changing | 11 |
| demographics of the persons who have become infected since the | 12 |
| 1980's, which include increasing proportions of persons less | 13 |
| than 20 years of age, women, members of racial and ethnic | 14 |
| minority populations, persons who reside outside metropolitan | 15 |
| areas, and heterosexual men and women who frequently are | 16 |
| unaware that they are at risk for HIV; and |
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LRB095 08268 RAS 35439 a |
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| WHEREAS, The CDC reports that prevention strategies that | 2 |
| incorporate universal HIV screening have been highly effective | 3 |
| and recommends screening for HIV infection for all persons 13 | 4 |
| to 64 years of age; and | 5 |
| WHEREAS, It is declared to be the public policy of this | 6 |
| State that HIV screening be conducted in accordance with the | 7 |
| recommendations of the CDC and that the Department of Public | 8 |
| Health shall develop and administer compliant policies and | 9 |
| procedures for health care providers subject to State | 10 |
| regulation, as well as related public health information and | 11 |
| education programs; therefore"; and
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| by replacing everything after the enacting clause with the | 13 |
| following:
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| "Section 5. The Department of Public Health Powers and | 15 |
| Duties Law of the
Civil Administrative Code of Illinois is | 16 |
| amended by adding Section 2310-317 as follows: | 17 |
| (20 ILCS 2310/2310-317 new) | 18 |
| Sec. 2310-317. HIV and AIDS testing. No later than January | 19 |
| 1, 2008, the Department must implement the most current | 20 |
| recommendations of the United States Centers for Disease | 21 |
| Control and Prevention regarding HIV and AIDS testing. |
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| Section 10. The AIDS Confidentiality Act is amended by | 2 |
| changing Sections 3 and 4 as follows:
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| (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
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| Sec. 3. When used in this Act:
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| (a) "Department" means the Illinois Department of Public | 6 |
| Health.
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| (b) "AIDS" means acquired immunodeficiency syndrome.
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| (c) "HIV" means the Human Immunodeficiency Virus or
any | 9 |
| other identified causative agent of AIDS.
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| (d) (Blank).
"Written informed consent" means an
agreement | 11 |
| in writing executed by the subject of a test or the subject's
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| legally authorized representative without undue inducement or | 13 |
| any element
of force, fraud, deceit, duress or other form of | 14 |
| constraint or coercion,
which entails at least the following:
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| (1) a fair explanation of the test, including its purpose, | 16 |
| potential
uses, limitations and the meaning of its results; and
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| (2) a fair explanation of the procedures to be followed, | 18 |
| including the
voluntary nature of the test, the right to | 19 |
| withdraw consent to the testing
process at any time, the right | 20 |
| to anonymity to the extent provided by law
with respect to | 21 |
| participation in the test and disclosure of test results,
and | 22 |
| the right to confidential treatment of
information identifying | 23 |
| the subject of the test and the results of the
test, to the | 24 |
| extent provided by law.
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| (e) "Health facility" means a hospital, nursing home, blood |
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| bank, blood
center, sperm bank, or other health care | 2 |
| institution, including any "health
facility" as that term is | 3 |
| defined in the Illinois Finance Authority
Act.
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| (f) "Health care provider" means any health care | 5 |
| professional, nurse,
paramedic,
psychologist or other person | 6 |
| providing medical, nursing, psychological, or
other health | 7 |
| care services of any kind.
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| (f-5) "Health care professional" means (i) a licensed | 9 |
| physician, (ii) a
physician assistant
to whom the physician | 10 |
| assistant's supervising physician has delegated the
provision | 11 |
| of AIDS and
HIV-related health services, (iii) an advanced | 12 |
| practice registered nurse who
has a written
collaborative | 13 |
| agreement with a collaborating physician which authorizes the
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| provision of AIDS
and HIV-related health services, (iv) a | 15 |
| licensed dentist, (v) a licensed
podiatrist, or (vi) an
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| individual certified to provide HIV testing and counseling by a | 17 |
| state or local
public health
department.
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| (g) "Test" or "HIV test" means a test to determine the | 19 |
| presence of the
antibody or antigen to HIV, or of HIV | 20 |
| infection.
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| (h) "Person" includes any natural person, partnership, | 22 |
| association,
joint venture, trust, governmental entity, public | 23 |
| or private corporation,
health facility or other legal entity.
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| (Source: P.A. 93-205, eff. 1-1-04; 93-482, eff. 8-8-03; revised | 25 |
| 9-12-03.)
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LRB095 08268 RAS 35439 a |
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| (410 ILCS 305/4) (from Ch. 111 1/2, par. 7304)
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| Sec. 4. No person may order an HIV test without first | 3 |
| notifying
receiving
the written informed consent
of the subject | 4 |
| of the test or the subject's legally authorized
representative | 5 |
| that the test shall be conducted. No person may be subject to | 6 |
| undue inducement or any element of force, fraud, deceit, | 7 |
| duress, or other form of constraint or coercion related to the | 8 |
| performance of an HIV test .
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| (Source: P.A. 85-1248.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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