SB0661 99TH GENERAL ASSEMBLY

LRB099 05873 JLK 25921 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0661

Introduced 1/28/2015, by Sen. John G. Mulroe

SYNOPSIS AS INTRODUCED:

New Act

Creates the Hepatitis C Screening Act. Provides that every individual born between the years of 1945 and 1965 who receives health services from a hospital as an inpatient or in the emergency department of a hospital or who receives primary care services in an outpatient department of a hospital or who receives health services from a health care practitioner providing primary care shall be offered a hepatitis C-related test, unless the health care practitioner providing the services reasonably believes that certain conditions are present. Effective January 1, 2016.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public health.

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

Section 1. Short title. This Act may be cited as the Hepatitis C Screening Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Public Health.

"Director" means the Director of Public Health.

"Health care practitioner" means a physician licensed to practice medicine in all its branches, a physician assistant, or a nurse practitioner.

"Hepatitis C-related test" means any of the following tests that detect the presence of hepatitis C antibodies in the blood:

(1) a laboratory screening test approved by the federal Food and Drug Administration;

(2) a rapid point-of-care test approved by the federal Food and Drug Administration; or

(3) any other test approved by the federal Food and Drug Administration.

"Hospital" means a duly licensed institution as defined in the Hospital Licensing Act or the University of Illinois Hospital as defined in the University of Illinois Hospital Act.

"Primary care" means the medical fields of family medicine, general pediatrics, primary care, internal medicine, primary care obstetrics, or primary care gynecology, without regard to board certification.

Section 10. Required offering of hepatitis C-related testing.

(a) Every individual born between the years of 1945 and 1965 who receives health services from a hospital as an inpatient or in the emergency department of a hospital or who receives primary care services in an outpatient department of a hospital or who receives health services from a health care practitioner providing primary care shall be offered a hepatitis C-related test, unless the health care practitioner providing the services reasonably believes that the individual:

(1) is being treated for a life-threatening emergency;

(2) has previously been offered or has been the subject of a hepatitis C-related test (except that a test shall be offered if otherwise indicated); or

(3) lacks capacity to consent to a hepatitis C-related test.

(b) If an individual accepts the offer of a hepatitis C-related test and the test is reactive, then the health care provider shall either offer the individual follow-up health care or refer the individual to a health care provider who can provide follow-up health care. The follow-up health care shall include a hepatitis C diagnostic test.

(c) The offering of hepatitis C-related testing under this Act shall be culturally and linguistically appropriate in accordance with rules adopted by the Director.

(d) The Director shall adopt rules to carry out the provisions of this Act.

Section 15. Scope of practice. This Act shall not affect the scope of practice of any health care practitioner or diminish any authority or legal or professional obligation of any health care practitioner to offer hepatitis C-related tests or provide services or care for the subject of a hepatitis C-related test.

Section 99. Effective date. This Act takes effect January 1, 2016.