Section 693.50  Physical Examination and Medical Treatment for Syphilis, Gonorrhea, Chlamydia, HIV or Chancroid

a)         The Department and certified local health departments may examine or cause to be examined persons reasonably believed to be infected with or to have been exposed to a reportable STI. (Section 6(a) of the Act)

b)         Persons with syphilis, gonorrhea, chlamydia, or chancroid shall report for complete treatment to a physician licensed under the provisions of the Medical Practice Act of 1987, or shall submit to treatment at a facility provided by a certified local health department or other public facility until the disease is noncommunicable or the Department or the certified local health department determines that the person does not present a real and present danger to the public health. This subsection shall not be construed to require the Department or the certified local health department to pay for or provide such treatment.  (Section 6(b) of the Act)

c)         Persons with HIV shall report for treatment to a physician licensed under the provisions of the Medical Practice Act of 1987, or shall submit to treatment at a facility provided by a certified local health department or other public facility.  This subsection shall not be construed to require the Department or the certified local health department to pay for or provide such treatment.  (Section 6(b) of the Act).

1)         The certified local health department or designated agent shall attempt to determine whether a person within its jurisdiction whose laboratory test indicates infection with or sexual exposure to syphilis, gonorrhea, chlamydia or chancroid has received medical treatment prescribed and rendered to the extent that the infection is no longer communicable by that person;

2)         If a medical examination or appropriate treatment has not been provided, the certified local health department shall request that individual to report for examination or treatment at a specific date, time and location, or otherwise submit verifiable proof of examination or treatment by a specific date.  For persons with HIV, if a medical examination or treatment has not been provided, the certified local health department shall request that individual to consider examination, testing and treatment;

3)         If the individual is known to have been exposed to an infection listed in subsection (a) within the maximum incubation period, the certified local health department shall request that individual to seek early preventive/presumptive treatment and testing;

4)         The certified local health department shall document all unsuccessful and successful attempts to secure a medical examination and appropriate medical treatment and testing for an individual.  Documentation shall include the dates, times, locations and forms of communication, including the individual's responses, and a detailed narrative of the process.

d)         A certified local health department or designated agent shall notify the Department of any case in which it:

1)         knows on the basis of laboratory or epidemiologic evidence that a person within its jurisdiction is presently infectious to others, is engaging in conduct or activities that place others at risk of exposure to the STI or has stated his or her intention to do so, and has refused the examination or medical treatment that has been prescribed for the contagion control of that STI; and

2)         has exhausted its means of obtaining compliance with this Section.

e)         No person shall be apprehended, examined or treated for syphilis, gonorrhea, chlamydia, HIV or chancroid against his or her will, except upon the presentation of a warrant duly authorized by a court of competent jurisdiction.  In requesting the issuance of such a warrant, the Department or certified local health department shall show by a preponderance of the evidence that the person is infectious and that a real and present danger to the public health and welfare exists unless the warrant is issued and shall show that all other reasonable means of obtaining compliance have been exhausted and that no other less restrictive alternative is available.  (Section 6(c) of the Act) The Department does not delegate the responsibility to seek a court order to a delegated agency.  

1)         In determining whether no less restrictive means exist, the court shall consider evidence showing that, under the circumstances presented by the case in which an order is sought, apprehension, examination or treatment is the measure provided for in guidelines issued by the Centers for Disease Control and Prevention. 

2)         The court shall require any proceedings authorized by this Section to be conducted in camera.  A record shall be made of such 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 6(c) of the Act)

3)         The individual shall be given a written notice of any court proceedings conducted under this Section. The notice shall follow the procedures listed in 77 Ill. Adm. Code 690.1330 (Control of Communicable Diseases Code).

f)         Any person who knowingly or maliciously disseminates any false information or report concerning the existence of syphilis, gonorrhea, chlamydia, HIV or chancroid under this Section is guilty of a Class A misdemeanor. (Section 6 (d) of the Act)

(Source:  Amended at 38 Ill. Reg. 20788, effective October 15, 2014)