Sen. Mike Jacobs
Filed: 4/28/2009
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1 | AMENDMENT TO HOUSE BILL 1110
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2 | AMENDMENT NO. ______. Amend House Bill 1110 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The AIDS Confidentiality Act is amended by | ||||||
5 | changing Section 9 as follows:
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6 | (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
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7 | Sec. 9. No person may disclose or be compelled to disclose | ||||||
8 | the
identity of any person upon whom a test is performed, or | ||||||
9 | the results of
such a test in a manner which permits | ||||||
10 | identification of the subject of the
test, except to the | ||||||
11 | following persons:
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12 | (a) The subject of the test or the subject's legally
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13 | authorized representative. A physician may notify the spouse of | ||||||
14 | the
test subject, if the test result is positive and has been | ||||||
15 | confirmed
pursuant to rules adopted by the Department, provided | ||||||
16 | that the physician has
first sought unsuccessfully to persuade |
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1 | the patient to notify the spouse or
that, a reasonable time | ||||||
2 | after the patient has agreed to make the
notification, the | ||||||
3 | physician has reason to believe that the patient has not
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4 | provided the notification. This paragraph shall not create a | ||||||
5 | duty or
obligation under which a physician must notify the | ||||||
6 | spouse of the test
results, nor shall such duty or obligation | ||||||
7 | be implied. No civil liability
or criminal sanction under this | ||||||
8 | Act shall be imposed for any disclosure or
non-disclosure of a | ||||||
9 | test result to a spouse by a physician acting in good
faith | ||||||
10 | under this paragraph. For the purpose of any proceedings, civil | ||||||
11 | or
criminal, the good faith of any physician acting under this | ||||||
12 | paragraph shall
be presumed.
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13 | (b) Any person designated in a legally effective release of | ||||||
14 | the test
results executed by the subject of the test or the | ||||||
15 | subject's legally
authorized representative.
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16 | (c) An authorized agent or employee of a health facility or | ||||||
17 | health care
provider if the health facility or health care | ||||||
18 | provider itself is
authorized to obtain the test results, the | ||||||
19 | agent or employee provides
patient care or handles or processes | ||||||
20 | specimens of body fluids or tissues,
and the agent or employee | ||||||
21 | has a need to know such information.
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22 | (d) The Department and local health authorities serving a | ||||||
23 | population of over 1,000,000 residents or other local health | ||||||
24 | authorities as designated by the Department, in accordance with | ||||||
25 | rules for reporting and
controlling the spread of disease, as | ||||||
26 | otherwise provided by State law.
The Department,
local health |
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1 | authorities, and authorized representatives shall not disclose
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2 | information and records held by them relating to known or | ||||||
3 | suspected cases of
AIDS or HIV infection, publicly or in any | ||||||
4 | action of any kind in any court or
before any tribunal, board, | ||||||
5 | or agency. AIDS and HIV infection data shall be
protected from | ||||||
6 | disclosure in accordance with the provisions of Sections 8-2101
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7 | through 8-2105 of the Code of Civil Procedure.
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8 | (e) A health facility or health care provider which | ||||||
9 | procures, processes,
distributes or uses: (i) a human body part | ||||||
10 | from a deceased person
with respect to medical information | ||||||
11 | regarding that person; or (ii) semen
provided prior to the | ||||||
12 | effective date of this Act for the purpose of
artificial | ||||||
13 | insemination.
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14 | (f) Health facility staff committees for the purposes of | ||||||
15 | conducting
program monitoring, program evaluation or service | ||||||
16 | reviews.
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17 | (f-5) A court in accordance with the provisions of Section | ||||||
18 | 12-16.2 of the Criminal Code of 1961. | ||||||
19 | (g) (Blank).
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20 | (h) Any health care provider or employee of a health | ||||||
21 | facility, and any
firefighter or EMT-A, EMT-P, or EMT-I, | ||||||
22 | involved in an accidental direct
skin or mucous membrane | ||||||
23 | contact with the blood or bodily fluids of an
individual which | ||||||
24 | is of a nature that may transmit HIV, as determined by a
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25 | physician in his medical judgment.
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26 | (i) Any law enforcement officer, as defined in subsection |
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1 | (c) of
Section 7, involved in the line of duty in a direct skin | ||||||
2 | or mucous membrane
contact with the blood or bodily fluids of | ||||||
3 | an individual which is of a
nature that may transmit HIV, as | ||||||
4 | determined by a physician in his medical
judgment.
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5 | (j) A temporary caretaker of a child taken into temporary | ||||||
6 | protective
custody by the Department of Children and Family | ||||||
7 | Services pursuant to Section 5
of the Abused and Neglected | ||||||
8 | Child Reporting Act, as now or hereafter amended.
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9 | (k) In the case of a minor under 18 years of age whose test | ||||||
10 | result is
positive and has been confirmed
pursuant to rules | ||||||
11 | adopted by the Department, the health care provider who ordered | ||||||
12 | the test shall make a reasonable
effort to notify the minor's | ||||||
13 | parent or legal guardian if, in the
professional judgment | ||||||
14 | judgement of the health care provider, notification would be
in | ||||||
15 | the best interest of the child and the health care provider has | ||||||
16 | first
sought unsuccessfully to persuade the minor to notify the | ||||||
17 | parent or legal
guardian or a reasonable time after the minor | ||||||
18 | has agreed to notify
the parent or legal guardian, the health | ||||||
19 | care provider has reason to
believe that the minor has not made | ||||||
20 | the notification. This subsection
shall not create a duty or | ||||||
21 | obligation under which a health care provider
must notify the | ||||||
22 | minor's parent or legal guardian of the test results, nor
shall | ||||||
23 | a duty or obligation be implied. No civil liability or criminal | ||||||
24 | sanction
under this Act shall be imposed for any notification | ||||||
25 | or non-notification of a
minor's test result by a health care | ||||||
26 | provider acting in good faith under this
subsection. For the |
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1 | purpose of any proceeding, civil or criminal, the good
faith of | ||||||
2 | any health care provider acting under this subsection shall be
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3 | presumed.
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4 | (Source: P.A. 93-482, eff. 8-8-03; 94-102, eff. 1-1-06; revised | ||||||
5 | 10-28-08.)
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6 | Section 10. The Criminal Code of 1961 is amended by | ||||||
7 | changing Section 12-16.2 as follows:
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8 | (720 ILCS 5/12-16.2) (from Ch. 38, par. 12-16.2)
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9 | Sec. 12-16.2. Criminal Transmission of HIV. (a) A person | ||||||
10 | commits criminal
transmission of HIV when he or she, knowing | ||||||
11 | that he or she is infected with HIV:
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12 | (1) engages in intimate contact with another;
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13 | (2) transfers, donates, or provides his or her blood, | ||||||
14 | tissue, semen,
organs, or other potentially infectious body | ||||||
15 | fluids for transfusion,
transplantation, insemination, or | ||||||
16 | other administration to another; or
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17 | (3) dispenses, delivers, exchanges, sells, or in any other | ||||||
18 | way transfers
to another any nonsterile intravenous or | ||||||
19 | intramuscular drug paraphernalia.
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20 | (b) For purposes of this Section:
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21 | "HIV" means the human immunodeficiency virus or any other | ||||||
22 | identified
causative agent of acquired immunodeficiency | ||||||
23 | syndrome.
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24 | "Intimate contact with another" means the direct skin or |
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1 | mucous membrane
contact with the blood or bodily fluids of an | ||||||
2 | individual which is of a nature that
may reasonably transmit | ||||||
3 | HIV exposure of the body
of one person to a bodily fluid of | ||||||
4 | another person in a manner that could
result in the | ||||||
5 | transmission of HIV .
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6 | "Intravenous or intramuscular drug paraphernalia" means | ||||||
7 | any
equipment, product, or material of any kind which is | ||||||
8 | peculiar to and
marketed for use in injecting a substance into | ||||||
9 | the human body.
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10 | (c) Nothing in this Section shall be construed to require | ||||||
11 | that an infection
with HIV has occurred in order for a person | ||||||
12 | to have committed criminal
transmission of HIV.
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13 | (d) It shall be an affirmative defense that the person | ||||||
14 | exposed knew that the
infected person was infected with HIV, | ||||||
15 | knew that the action could result
in infection with HIV, and | ||||||
16 | consented to the action with that knowledge.
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17 | (d-5) A prosecuting entity may issue a subpoena duces tecum | ||||||
18 | for the records of a
person charged with the offense of | ||||||
19 | criminal transmission of HIV or a subpoena
for the attendance | ||||||
20 | of a person with relevant knowledge thereof so long as the
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21 | return of the records or attendance of the person pursuant to | ||||||
22 | the subpoena is
submitted initially to the court for an in | ||||||
23 | camera inspection. Only upon a finding
by the court that the | ||||||
24 | records or proffered testimony are relevant to the pending
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25 | offense, the information sought by the subpoena shall be | ||||||
26 | disclosed to the prosecuting entity and admissible if otherwise |
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1 | permitted by law. | ||||||
2 | (e) A person who commits criminal transmission of HIV | ||||||
3 | commits a Class 2 felony.
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4 | (Source: P.A. 86-897.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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