093_SB0263

 
                                     LRB093 08244 DRJ 08457 b

 1        AN ACT in relation to health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Perinatal HIV Prevention Act.

 6        Section 5.  Definitions. In this Act:
 7        "Health care provider" or "provider" means any physician,
 8    hospital  facility,  or  other  person  that  is  licensed or
 9    otherwise authorized to deliver health care services.
10        "Health care services" means any services included in (i)
11    the furnishing of prenatal medical care or labor or  delivery
12    services  to  a  pregnant  woman,  including  home health and
13    pharmaceutical   services   and   products,   or   (ii)   the
14    hospitalization incident to the furnishing of  such  care  or
15    services.

16        Section  10.  HIV  counseling  and  offer  of HIV testing
17    required.
18        (a)  Every  health  care  provider  in  this  State  that
19    provides health care services to a pregnant woman must ensure
20    that the woman is provided with HIV counseling and is offered
21    HIV testing. A provider must ensure that  the  counseling  is
22    provided  and  the  testing  offered  as early in the woman's
23    pregnancy as possible. The provider must also ensure that the
24    counseling and offer of testing are entered into the  woman's
25    medical records.
26        (b)  The  counseling  required  under  this  Section must
27    include, but need not be limited to, the following:
28             (1)  The routes of HIV transmission.
29             (2)  Methods of avoiding HIV transmission.
30             (3)  The benefits, to both the expecting mother  and
 
                            -2-      LRB093 08244 DRJ 08457 b
 1        to her child, of learning one's serostatus.
 2        (c)  All  counseling  and testing, and offers of testing,
 3    provided under this  Act  must  be  in  accordance  with  the
 4    standards  set  forth  in the AIDS Confidentiality Act. Those
 5    standards include, but are not limited to, the requirement of
 6    written informed consent to the performance of an HIV test.

 7        Section 99.  Effective date. This Act takes  effect  upon
 8    becoming law.