Rep. Mary E. Flowers
Filed: 1/31/2006
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1 | AMENDMENT TO HOUSE BILL 4306
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2 | AMENDMENT NO. ______. Amend House Bill 4306, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Perinatal HIV Prevention Act is amended by | ||||||
6 | changing Sections 5 and 10 and by adding Sections 15, 20, 25, | ||||||
7 | 30, and 35 as follows:
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8 | (410 ILCS 335/5)
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9 | Sec. 5. Definitions. In this Act:
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10 | "Department" means the Department of Public Health.
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11 | "Health care professional" means a physician licensed to | ||||||
12 | practice
medicine in all its branches, a physician assistant | ||||||
13 | who has been delegated the
provision of health services by his | ||||||
14 | or her supervising physician, or an
advanced
practice | ||||||
15 | registered nurse who has a written collaborative agreement with | ||||||
16 | a
collaborating physician that authorizes the provision of | ||||||
17 | health services.
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18 | "Health care facility" or "facility" means any hospital or | ||||||
19 | other
institution that is licensed or otherwise authorized to | ||||||
20 | deliver health care
services.
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21 | "Health care services" means any prenatal medical care or | ||||||
22 | labor or
delivery services to a pregnant woman and her newborn | ||||||
23 | infant, including
hospitalization.
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24 | (Source: P.A. 93-566, eff. 8-20-03.)
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1 | (410 ILCS 335/10)
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2 | Sec. 10. HIV counseling and recommendation
offer of HIV | ||||||
3 | testing required.
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4 | (a) Every health care professional who provides health care | ||||||
5 | services to a
pregnant
woman shall provide the woman with HIV | ||||||
6 | counseling and recommend
offer HIV
testing, unless she has | ||||||
7 | already received an HIV test during pregnancy. HIV
testing | ||||||
8 | shall be provided with the woman's consent. A health care
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9 | professional shall
provide the counseling and recommend
offer | ||||||
10 | the testing as early in the woman's pregnancy
as
possible. For | ||||||
11 | women at continued risk of exposure to HIV infection in the
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12 | judgment
of the health care professional, a repeat test should | ||||||
13 | be recommended
offered late in
pregnancy or at the time of | ||||||
14 | labor and delivery. The health care professional shall inform | ||||||
15 | the pregnant woman that, should she refuse HIV testing during | ||||||
16 | pregnancy, her newborn infant will be tested for HIV . The
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17 | counseling and recommendation
offer of testing shall be | ||||||
18 | documented in the woman's medical
record.
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19 | (b) Every health care professional or facility that cares | ||||||
20 | for a pregnant
woman
during
labor or delivery shall provide the | ||||||
21 | woman with HIV counseling and recommend
offer
HIV
testing. HIV
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22 | testing
shall be provided with the woman's consent. No | ||||||
23 | counseling or offer of testing
is
required if
already provided | ||||||
24 | during the woman's pregnancy. The counseling and offer of
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25 | testing shall be
documented in the woman's medical record. The | ||||||
26 | health care facility shall adopt a policy that provides that as | ||||||
27 | soon as possible within medical standards after the infant's | ||||||
28 | birth, the mother's HIV test result, if available, shall be | ||||||
29 | noted in the newborn infant's medical record. It shall also be | ||||||
30 | noted in the newborn infant's medical record if the mother's | ||||||
31 | HIV test result is not available because she has not been | ||||||
32 | tested or has declined testing. Any testing or test results | ||||||
33 | shall be
documented in accordance with the AIDS Confidentiality |
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1 | Act.
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2 | (c) Every health care professional or facility caring for a | ||||||
3 | newborn infant
shall, upon
delivery or as soon as possible | ||||||
4 | within medical standards
48 hours after the infant's birth, | ||||||
5 | provide
counseling to the
parent or
guardian of the infant and | ||||||
6 | perform rapid HIV testing, when the HIV status of the
infant's | ||||||
7 | mother is unknown , if the parent or guardian does not refuse. | ||||||
8 | The
health
care professional or facility shall document in the | ||||||
9 | woman's medical record that
counseling and the offer of testing | ||||||
10 | were given, and that no written refusal was
given .
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11 | (d) The counseling required under this Section must be | ||||||
12 | provided in
accordance with
the
AIDS Confidentiality Act and | ||||||
13 | must include the following:
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14 | (1) For the health of the pregnant woman, the voluntary | ||||||
15 | nature of the testing and the
The benefits of HIV testing ,
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16 | for the pregnant woman, including the
prevention of
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17 | transmission.
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18 | (2) The benefit of HIV testing for the newborn infant, | ||||||
19 | including
interventions
to
prevent
HIV transmission.
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20 | (3) The side effects of interventions to prevent HIV | ||||||
21 | transmission.
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22 | (4) The statutory confidentiality provisions that | ||||||
23 | relate to HIV and
acquired
immune
deficiency syndrome | ||||||
24 | ("AIDS") testing.
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25 | (5) The voluntary nature of the testing, including the | ||||||
26 | opportunity to
refuse
testing of a newborn infant in | ||||||
27 | writing.
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28 | (e) All counseling and testing must be performed in | ||||||
29 | accordance with the
standards set forth in the AIDS | ||||||
30 | Confidentiality Act, including the written informed consent | ||||||
31 | provisions of Sections 4, 7, and 8 of that Act, with the | ||||||
32 | exception of
the requirement of consent for testing of newborn | ||||||
33 | infants. Consent for
testing of a newborn infant shall be | ||||||
34 | presumed when a health care professional
or health care
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1 | facility seeks to perform a test on a newborn infant whose | ||||||
2 | mother's HIV status
is not known, provided that the counseling | ||||||
3 | required under subsection (d)
has taken place and the newborn | ||||||
4 | infant's parent or guardian has not indicated
in
writing that | ||||||
5 | he or she refuses to allow the newborn infant to receive HIV
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6 | testing .
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7 | (f) The Illinois Department of Public Health shall adopt | ||||||
8 | necessary rules to
implement this Act.
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9 | (Source: P.A. 93-566, eff. 8-20-03.)
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10 | (410 ILCS 335/15 new) | ||||||
11 | Sec. 15. Reporting. | ||||||
12 | (a) A health care facility shall adopt a policy that | ||||||
13 | provides that a report of a preliminarily HIV-positive woman | ||||||
14 | and a report of a preliminarily HIV-exposed newborn infant | ||||||
15 | identified by a rapid HIV test conducted during labor and | ||||||
16 | delivery or after delivery shall be made to the Department's | ||||||
17 | Perinatal HIV Hotline within 24 hours after birth. Section 15 | ||||||
18 | of the AIDS Confidentiality Act applies to reporting under this | ||||||
19 | Act, except for willful and wanton misconduct. | ||||||
20 | (b) The Department shall adopt rules specifying the | ||||||
21 | information required in reporting the preliminarily | ||||||
22 | HIV-positive woman and preliminarily HIV-exposed newborn | ||||||
23 | infant and the method of reporting. In adopting the rules, the | ||||||
24 | Department shall consider the need for information, | ||||||
25 | protections for the privacy and confidentiality of the infant | ||||||
26 | and parents, the need to provide access to care and follow-up | ||||||
27 | services to the infant, and procedures for destruction of | ||||||
28 | records maintained by the Department if, through subsequent HIV | ||||||
29 | testing, the woman or newborn infant is found to be | ||||||
30 | HIV-negative. | ||||||
31 | (c) The confidentiality provisions of the AIDS | ||||||
32 | Confidentiality Act shall apply to the reports of cases of | ||||||
33 | perinatal HIV made pursuant to this Section. |
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1 | (d) Health care facilities shall monthly report aggregate | ||||||
2 | statistics to the Department that include the number of | ||||||
3 | infected women who presented with known HIV status, the number | ||||||
4 | of pregnant women rapidly tested for HIV in labor and delivery, | ||||||
5 | the number of newborn infants rapidly tested for HIV-exposure, | ||||||
6 | the number of preliminarily HIV-positive pregnant women and | ||||||
7 | HIV-exposed newborn infants identified, the number of families | ||||||
8 | referred to case management, and other information the | ||||||
9 | Department determines is necessary to measure progress under | ||||||
10 | the provisions of this Act. Health care facilities must report | ||||||
11 | the confirmatory test result when it becomes available for each | ||||||
12 | preliminarily positive rapid HIV test performed on the woman | ||||||
13 | and newborn.
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14 | (e) The Department or its authorized representative shall | ||||||
15 | provide case management services to the preliminarily positive | ||||||
16 | pregnant woman or the parent or guardian of the newborn infant | ||||||
17 | to ensure access to treatment and care and other services as | ||||||
18 | appropriate if the parent or guardian has consented to the | ||||||
19 | services. | ||||||
20 | (410 ILCS 335/20 new)
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21 | Sec. 20. 24-hour Perinatal HIV Hotline. | ||||||
22 | (a) The Department of Public Health or its authorized | ||||||
23 | representative shall establish and maintain a 24-hour | ||||||
24 | Perinatal HIV Hotline. The purpose of the hotline is to provide | ||||||
25 | linkage to case management and ensure consultation to help | ||||||
26 | prevent the following: | ||||||
27 | (1) transmission of HIV during labor and delivery; and | ||||||
28 | (2) HIV infection of the newborn infant. | ||||||
29 | (b) The hotline must provide to health care professionals | ||||||
30 | perinatal HIV treatment information in accordance with | ||||||
31 | guidelines established by the U.S. Public Health Service or | ||||||
32 | other nationally-recognized experts, as determined by the | ||||||
33 | Department. An electronic reporting system may replace the |
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1 | telephone hotline if the Department determines the same | ||||||
2 | services can be provided more effectively. | ||||||
3 | (410 ILCS 335/25 new) | ||||||
4 | Sec. 25. Treatment information. A health care facility | ||||||
5 | shall adopt a policy that provides that when an HIV test | ||||||
6 | performed under this Act shows that a newborn infant is | ||||||
7 | HIV-exposed, the infant's parent or guardian shall be informed | ||||||
8 | of the importance of obtaining timely treatment for the infant | ||||||
9 | in order to prevent the newborn from becoming HIV infected, and | ||||||
10 | the mother of the newborn infant shall be informed of the | ||||||
11 | importance of obtaining treatment for her HIV infection. The | ||||||
12 | Department shall provide to health care professionals and | ||||||
13 | health care facilities written information that may be used to | ||||||
14 | satisfy their obligation under this Section. | ||||||
15 | (410 ILCS 335/30 new)
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16 | Sec. 30. Objections of parent or guardian to test. The | ||||||
17 | provisions of this Act shall not apply when a parent or | ||||||
18 | guardian of a child objects thereto on the grounds that the | ||||||
19 | test conflicts with his or her religious tenets and practices. | ||||||
20 | A written statement of the objection shall be presented to the | ||||||
21 | physician or other person whose duty it is to administer and | ||||||
22 | report the tests under the provisions of this Act. | ||||||
23 | (410 ILCS 335/35 new)
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24 | Sec. 35. Department report. The Department of Public Health | ||||||
25 | shall prepare an annual report for the Governor and the General | ||||||
26 | Assembly on the implementation of this Act that includes | ||||||
27 | information on the number of HIV-positive women who presented | ||||||
28 | with known HIV status, the number of pregnant women rapidly | ||||||
29 | tested for HIV in labor and delivery, the number of newborn | ||||||
30 | infants rapidly tested for HIV exposure, the number of | ||||||
31 | preliminarily HIV-positive pregnant women and preliminarily |
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1 | HIV-exposed newborn infants identified, the confirmatory test | ||||||
2 | result for each preliminarily positive rapid HIV test performed | ||||||
3 | on the woman and newborn, the number of families referred to | ||||||
4 | case management, and other information the Department | ||||||
5 | determines is necessary to measure progress under the | ||||||
6 | provisions of this Act. The Department shall assess the needs | ||||||
7 | of health care professionals and facilities for ongoing | ||||||
8 | training in implementation of the provisions of this Act and | ||||||
9 | make recommendations to improve the program.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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