AUTHORITY: Implementing and authorized by the Perinatal HIV Prevention Act [410 ILCS 335] and Sections 2310-10 and 2310-580 of the Civil Administrative Code of Illinois [20 ILCS 2310/2310-10 and 2310-580].

SOURCE: Adopted at 30 Ill. Reg. 9345, effective May 4, 2006; amended at 37 Ill. Reg. 226, effective December 18, 2012.

SUBPART A: GENERAL PROVISIONS

 

Section 699.10  General Applicability (Repealed)

 

(Source:  Repealed at 37 Ill. Reg. 226, effective December 18, 2012)

 

Section 699.20  Definitions

 

"Act" means the Perinatal HIV Prevention Act [410 ILCS 335].

 

"AIDS" means acquired immunodeficiency syndrome. (Section 3(b) of the AIDS Confidentiality Act)

 

"Antiretroviral Preventive Treatment" means a well-established method of preventing vertical HIV transmission.

 

"Department" means the Department of Public Health.  (Section 5 of the Act)

 

"Health Care Facility" or "Facility" means any hospital or other institution that is licensed or otherwise authorized to deliver health care services. (Section 5 of the Act)

 

"Health Care Professional" means a physician licensed to practice medicine in all its branches, a physician assistant who has been delegated the provision of health services by his or her supervising physician, or an advanced practice registered nurse who has a written collaborative agreement with a collaborating physician that authorizes the provision of health services.  (Section 5 of the Act)

 

"Health Care Services" means any prenatal medical care or labor or delivery services to a pregnant woman and her newborn infant, including hospitalization. (Section 5 of the Act)

 

"HIV" means the human immunodeficiency virus or any other identified causative agent of AIDS. (Section 3(c) of the AIDS Confidentiality Act)

 

"HIV Test" means an HIV test method approved by the federal Food and Drug Administration (FDA) or validated under a laboratory's Clinical Laboratory Improvement Amendments (CLIA) certification.

 

"Informed Consent" means a written or verbal agreement by the subject of a test or the subject's legally authorized representative obtained without undue inducement or any element of force, fraud, deceit, duress or other form of constraint or coercion.

 

"Legally Authorized Representative" means an individual who is authorized to consent to HIV testing and/or disclosure of HIV test results for an individual who is:

 

Under the age of 12,

 

Deceased,

 

Declared incompetent by a court of law, or

 

Otherwise not competent to consent (for reasons other than age, such as lacking decisional capacity) as determined by the health care professional seeking consent.

 

The following individuals shall be authorized to consent, in the stated order of priority:

 

For a living or deceased child under the age of 18:

 

Parent, except as limited by Section 9(k) of the AIDS Confidentiality Act providing limitations on the ability of a parent or legal guardian to receive the child's test results, and Sections 4 and 5 of  the Consent by Minors to Medical Procedures Act [410 ILCS 210] regarding release of test results involving a sexually transmitted infection,

 

Legal guardian or other court-appointed personal representative,

 

Adult next-of-kin.

 

For a living or deceased adult age 18 or over:

 

Agent authorized by durable power of attorney for health care,

 

Legal or other court-appointed personal representative,

 

Spouse or person in a civil union,

 

Adult children,

 

Parent,

 

Adult next-of-kin.

 

"Perinatal" means  relating to or during the period around childbirth, especially the five months before and one month after birth.

 

"Physician" means a physician licensed to practice medicine under the Medical Practice Act of 1987 [225 ILCS 60].

 

"Rapid HIV Test" means any test approved by the FDA or validated under a laboratory's CLIA certification for the detection of HIV that can be collected and processed within 60 minutes. 

 

"Supplemental Test" means any HIV test approved by the FDA or validated under a laboratory's CLIA certification used to confirm the positive result of a screening test.

 

"Vertical Transmission" means transmission of a pathogen such as HIV from mother to fetus or baby during pregnancy or birth.

 

(Source:  Amended at 37 Ill. Reg. 226, effective December 18, 2012)

 

Section 699.30  Referenced Materials

 

The following materials are referenced in this Part:

 

a)         Illinois Statutes

 

1)         AIDS Confidentiality Act [410 ILCS 305]

 

2)         Perinatal HIV Prevention Act [410 ILCS 355]

 

3)         Medical Practice Act of 1987 [225 ILCS 60]

 

4)         Civil Administrative Code of Illinois [20 ILCS 2310]

 

                        5)         Consent by Minors to Medical Procedures Act [410 ILCS 210]

 

b)         Illinois Administrative Rules

 

HIV/AIDS Confidentiality and Testing Code (77 Ill. Adm. Code 697)

 

(Source:  Amended at 37 Ill. Reg. 226, effective December 18, 2012)

SUBPART B: HIV PERINATAL COUNSELING AND TESTING

 

Section 699.100  Perinatal Counseling and Testing

 

a)         Every health care professional who provides health care services to a pregnant woman shall, unless she has already been tested during the current pregnancy, provide the woman with HIV counseling, as described in this Section, and shall test her for HIV as early in the pregnancy as possible, unless she refuses. (Section 10(a) of the Act)

 

b)         For women at continued risk of exposure to HIV infection in the judgment of the  health care professional, a repeat test should be recommended late in pregnancy or at the time of labor and delivery. (Section 10(a) of the Act)

 

c)         HIV counseling and testing or refusal of testing shall be documented in the woman's medical record. (Section 10(b) of the Act)

 

d)         Any testing or test results shall be conducted  in accordance with the AIDS Confidentiality Act and the HIV/AIDS Confidentiality and Testing Code and shall be documented in accordance with the AIDS Confidentiality Act  and the HIV/AIDS Confidentiality and Testing Code in the woman's medical record. (Section 10(b) of the Act)

 

e)         All HIV counseling must be provided in accordance with the AIDS Confidentiality Act and must include, at minimum, the following  information:

 

1)         For the health of the pregnant woman, the voluntary nature of the testing, the benefits of HIV testing, including the prevention of transmission, and the requirement that the HIV testing be performed unless she refuses and the methods by which she can refuse;

 

2)         The benefit of HIV testing for herself and the newborn infant, including interventions to prevent HIV transmission;

 

3)         The side effects of interventions to prevent HIV transmission;

 

4)         The statutory confidentiality provisions that relate to HIV and AIDS testing;

 

5)          The requirement for mandatory testing of the newborn if the mother's HIV status is unknown at the time of delivery;

 

6)          An explanation of the test, including its purpose, limitations, and the meaning of its results;

 

7)          An explanation of the procedures to be followed;

 

8)          The availability of additional or confirmatory testing, if appropriate.  Counseling may be provided in writing, verbally, or by video, electronic, or other means.  The woman must be offered an opportunity to ask questions about testing and to decline testing for herself. (Section 10(d) of the Act)

 

f)         Information shall also be provided concerning the following:

 

1)         HIV infection and HIV transmission;

 

2)         Methods of preventing HIV transmission; and

 

3)         The availability of referrals for further information or counseling (Section 5 of the AIDS Confidentiality Act).

 

(Source:  Amended at 37 Ill. Reg. 226, effective December 18, 2012)

SUBPART C: HIV COUNSELING AND TESTING IN LABOR AND DELIVERY