Illinois General Assembly - Illinois Compiled Statutes

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410 ILCS 303/15

(410 ILCS 303/15)

Sec. 15. State agencies; HIV testing.

(a) In this Section:

"High-risk community" means a community designated as high-risk by the Department of Public Health in rules.

"High-traffic facility" means a high-traffic facility as defined by the State agency operating the facility.

"State agency" means (i) any department of State government created under Section 5-15 of the Departments of State Government Law of the Civil Administrative Code of Illinois or (ii) the Office of the Secretary of State.

(b) The Department of Public Health shall coordinate the response to HIV/AIDS in the African-American community.

(c) A State agency that operates a facility that (i) is accessible to the public, (ii) is a high-traffic facility, and (iii) serves a high-risk community must provide the following in each such facility where space and security reasonably permit:
        space for free HIV counseling and antibody testing to a community-based organization licensed to do testing, in accordance with the AIDS Confidentiality Act and rules adopted by the Department of Public Health.
The State agency or its employees shall not conduct any counseling or testing required to be provided under this subsection, but the agency shall make appropriate arrangements with one or more certified community-based organizations to conduct the counseling or testing.  The testing required to be provided under this subsection is the rapid testing authorized under Section 5.5 of the AIDS Confidentiality Act.

(d) Neither the State of Illinois nor any State agency supplying space for services authorized by this Section shall be liable for damages based on the provision of such space or claimed to result from any services performed in such space, except that this immunity does not apply in the case of willful and wanton misconduct.

(Source: P.A. 94-629, eff. 1-1-06.)