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Public Act 097-1046
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| SB3673 Enrolled | LRB097 17709 RLC 62923 b |
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AN ACT concerning human immunodeficiency virus.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The AIDS Confidentiality Act is amended by |
changing Section 9 as follows:
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(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
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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:
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(a) The subject of the test or the subject's legally
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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, 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
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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 |
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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.
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(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.
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(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.
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(d) The Department and local health authorities serving a |
population of over 1,000,000 residents or other local health |
authorities as designated by the Department, in accordance with |
rules for reporting and
controlling the spread of disease, as |
otherwise provided by State law.
The Department,
local health |
authorities, and authorized representatives shall not disclose
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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
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through 8-2105 of the Code of Civil Procedure.
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(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.
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(f) Health facility staff committees for the purposes of |
conducting
program monitoring, program evaluation or service |
reviews.
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(f-5) A court in accordance with the provisions of Section |
12-5.01 of the Criminal Code of 1961. |
(g) (Blank).
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(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
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physician in his medical judgment.
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(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.
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(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 |
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Child Reporting Act, as now or hereafter amended.
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(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, 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 judgment
of |
the health care provider, notification would be
in the best |
interest of the child and the health care provider has first
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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
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presumed.
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(Source: P.A. 96-328, eff. 8-11-09.)
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Section 10. The Criminal Code of 1961 is amended by |
changing Section 12-5.01 as follows:
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(720 ILCS 5/12-5.01) (was 720 ILCS 5/12-16.2)
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Sec. 12-5.01. Criminal transmission of HIV. |
(a) A person commits criminal
transmission of HIV when he |
or she, with the specific intent to commit the offense knowing |
that he or she is infected with HIV:
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(1) engages in sexual activity with another without the |
use of a condom knowing that he or she is infected with HIV |
intimate contact with another;
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(2) transfers, donates, or provides his or her blood, |
tissue, semen,
organs, or other potentially infectious |
body fluids for transfusion,
transplantation, |
insemination, or other administration to another knowing |
that he or she is infected with HIV; or
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(3) dispenses, delivers, exchanges, sells, or in any |
other way transfers
to another any nonsterile intravenous |
or intramuscular drug paraphernalia knowing that he or she |
is infected with HIV.
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(b) For purposes of this Section:
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"HIV" means the human immunodeficiency virus or any other |
identified
causative agent of acquired immunodeficiency |
syndrome.
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"Sexual activity" means the insertive vaginal or anal |
intercourse on the part of an infected male, receptive |
consensual vaginal intercourse on the part of an infected woman |
with a male partner, or receptive consensual anal intercourse |
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on the part of an infected man or woman with a male partner. |
"Intimate contact with another" means the exposure of the |
body
of one person to a bodily fluid of another person in a |
manner that could
result in the transmission of HIV.
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"Intravenous or intramuscular drug paraphernalia" means |
any
equipment, product, or material of any kind which is |
peculiar to and
marketed for use in injecting a substance into |
the human body.
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(c) Nothing in this Section shall be construed to require |
that an infection
with HIV has occurred in order for a person |
to have committed criminal
transmission of HIV.
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(d) It shall be an affirmative defense that the person |
exposed knew that the
infected person was infected with HIV, |
knew that the action could result
in infection with HIV, and |
consented to the action with that knowledge.
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(d-5) A court, upon a finding of reasonable suspicion that |
an individual has committed the crime of criminal transmission |
of HIV, shall order the production of records of a person |
accused of the offense of
criminal transmission of HIV or the |
attendance
of a person with relevant knowledge thereof so long |
as the
return of the records or attendance of the person |
pursuant to
the subpoena is submitted initially to the court |
for an in
camera inspection. Only upon a finding by the court |
that the
records or proffered testimony are relevant to the |
pending
offense, the information produced pursuant to the |
court's order shall be
disclosed to the prosecuting entity and |