Public Act 93-0482
SB1156 Enrolled LRB093 07767 DRJ 07956 b
AN ACT in relation to health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The AIDS Confidentiality Act is amended by
changing Sections 3, 5, and 9 and adding Section 5.5 as
follows:
(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
Sec. 3. When used in this Act:
(a) "Department" means the Illinois Department of Public
Health.
(b) "AIDS" means acquired immunodeficiency syndrome.
(c) "HIV" means the Human Immunodeficiency Virus or any
other identified causative agent of AIDS.
(d) "Written informed consent" means an agreement in
writing executed by the subject of a test or the subject's
legally authorized representative without undue inducement or
any element of force, fraud, deceit, duress or other form of
constraint or coercion, which entails at least the following:
(1) a fair explanation of the test, including its
purpose, potential uses, limitations and the meaning of its
results; and
(2) a fair explanation of the procedures to be followed,
including the voluntary nature of the test, the right to
withdraw consent to the testing process at any time, the
right to anonymity to the extent provided by law with respect
to participation in the test and disclosure of test results,
and the right to confidential treatment of information
identifying the subject of the test and the results of the
test, to the extent provided by law.
(e) "Health facility" means a hospital, nursing home,
blood bank, blood center, sperm bank, or other health care
institution, including any "health facility" as that term is
defined in the Illinois Health Facilities Authority Act.
(f) "Health care provider" means any health care
professional physician, nurse, paramedic, psychologist or
other person providing medical, nursing, psychological, or
other health care services of any kind.
(f-5) "Health care professional" means (i) a licensed
physician, (ii) a physician assistant to whom the physician
assistant's supervising physician has delegated the provision
of AIDS and HIV-related health services, (iii) an advanced
practice registered nurse who has a written collaborative
agreement with a collaborating physician which authorizes the
provision of AIDS and HIV-related health services, (iv) a
licensed dentist, (v) a licensed podiatrist, or (vi) an
individual certified to provide HIV testing and counseling by
a state or local public health department.
(g) "Test" or "HIV test" means a test to determine the
presence of the antibody or antigen to HIV, or of HIV
infection.
(h) "Person" includes any natural person, partnership,
association, joint venture, trust, governmental entity,
public or private corporation, health facility or other legal
entity.
(Source: P.A. 85-677; 85-679.)
(410 ILCS 305/5) (from Ch. 111 1/2, par. 7305)
Sec. 5. No health care professional physician may order
an HIV test without making available to the person tested
information about the meaning of the test results, the
availability of additional or confirmatory testing, if
appropriate, and the availability of referrals for further
information or counseling.
(Source: P.A. 85-677; 85-679.)
(410 ILCS 305/5.5 new)
Sec. 5.5. Rapid testing. The Department shall adopt
rules to allow for the implementation of HIV/AIDS rapid
testing. The rules must include, but need not be limited to,
standards for ordering and administration of testing and
counseling and dissemination of test results.
(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
Sec. 9. No person may disclose or be compelled to
disclose the identity of any person upon whom a test is
performed, or the results of such a test in a manner which
permits identification of the subject of the test, except to
the following persons:
(a) The subject of the test or the subject's legally
authorized representative. A physician may notify the spouse
of the test subject, if the test result is positive and has
been confirmed pursuant to rules adopted by the Department by
a Western Blot Assay or more reliable test, provided that the
physician has first sought unsuccessfully to persuade the
patient to notify the spouse or that, a reasonable time after
the patient has agreed to make the notification, the
physician has reason to believe that the patient has not
provided the notification. This paragraph shall not create a
duty or obligation under which a physician must notify the
spouse of the test results, nor shall such duty or obligation
be implied. No civil liability or criminal sanction under
this Act shall be imposed for any disclosure or
non-disclosure of a test result to a spouse by a physician
acting in good faith under this paragraph. For the purpose
of any proceedings, civil or criminal, the good faith of any
physician acting under this paragraph shall be presumed.
(b) Any person designated in a legally effective release
of the test results executed by the subject of the test or
the subject's legally authorized representative.
(c) An authorized agent or employee of a health facility
or health care provider if the health facility or health care
provider itself is authorized to obtain the test results, the
agent or employee provides patient care or handles or
processes specimens of body fluids or tissues, and the agent
or employee has a need to know such information.
(d) The Department, in accordance with rules for
reporting and controlling the spread of disease, as otherwise
provided by State law. Neither the Department nor its
authorized representatives shall disclose information and
records held by them relating to known or suspected cases of
AIDS or HIV infection, publicly or in any action of any kind
in any court or before any tribunal, board, or agency. AIDS
and HIV infection data shall be protected from disclosure in
accordance with the provisions of Sections 8-2101 through
8-2105 of the Code of Civil Procedure.
(e) A health facility or health care provider which
procures, processes, distributes or uses: (i) a human body
part from a deceased person with respect to medical
information regarding that person; or (ii) semen provided
prior to the effective date of this Act for the purpose of
artificial insemination.
(f) Health facility staff committees for the purposes of
conducting program monitoring, program evaluation or service
reviews.
(g) (Blank).
(h) Any health care provider or employee of a health
facility, and any firefighter or EMT-A, EMT-P, or EMT-I,
involved in an accidental direct skin or mucous membrane
contact with the blood or bodily fluids of an individual
which is of a nature that may transmit HIV, as determined by
a physician in his medical judgment.
(i) Any law enforcement officer, as defined in
subsection (c) of Section 7, involved in the line of duty in
a direct skin or mucous membrane contact with the blood or
bodily fluids of an individual which is of a nature that may
transmit HIV, as determined by a physician in his medical
judgment.
(j) A temporary caretaker of a child taken into
temporary protective custody by the Department of Children
and Family Services pursuant to Section 5 of the Abused and
Neglected Child Reporting Act, as now or hereafter amended.
(k) In the case of a minor under 18 years of age whose
test result is positive and has been confirmed pursuant to
rules adopted by the Department by a Western Blot Assay or a
more reliable test, the health care provider who ordered the
test shall make a reasonable effort to notify the minor's
parent or legal guardian if, in the professional judgement of
the health care provider, notification would be in the best
interest of the child and the health care provider has first
sought unsuccessfully to persuade the minor to notify the
parent or legal guardian or a reasonable time after the minor
has agreed to notify the parent or legal guardian, the health
care provider has reason to believe that the minor has not
made the notification. This subsection shall not create a
duty or obligation under which a health care provider must
notify the minor's parent or legal guardian of the test
results, nor shall a duty or obligation be implied. No civil
liability or criminal sanction under this Act shall be
imposed for any notification or non-notification of a minor's
test result by a health care provider acting in good faith
under this subsection. For the purpose of any proceeding,
civil or criminal, the good faith of any health care provider
acting under this subsection shall be presumed.
(Source: P.A. 88-45; 89-381, eff. 8-18-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.