|
|
|
HB1286 Engrossed |
- 2 - |
LRB095 07327 MJR 27468 b |
|
|
1 |
| determined by the Department based on such factors as HIV and |
2 |
| AIDS epidemiological data and rates of uninsurance. Activities |
3 |
| shall target geographic areas with concentrations of |
4 |
| individuals living with known HIV infection as determined by |
5 |
| the Department based on statewide HIV and AIDS epidemiological |
6 |
| data.
|
7 |
| (c) The Department shall make grants to expand voluntary |
8 |
| HIV testing in health facilities described in subsection (b) of |
9 |
| this Section. Grants may be used for the following purposes: |
10 |
| rapid HIV test kits, other HIV testing diagnostics, clinical |
11 |
| and social service staff necessary to conduct testing, |
12 |
| administration, evaluation, training, material development, |
13 |
| and other activities related to the expansion of voluntary HIV |
14 |
| testing in health care facilities. |
15 |
| (d) The Department shall provide training and technical |
16 |
| assistance to health care facilities described in subsection |
17 |
| (b) of this Section that is available to all health care |
18 |
| facilities and health care providers. The goals of the |
19 |
| activities shall be to; (i) increase the number of people |
20 |
| offered testing in health care facilities; (ii) increase the |
21 |
| number of cases of HIV diagnosed in health care facilities; and |
22 |
| (iii) increase the number of HIV-positive people linked to |
23 |
| medical care and other appropriate services for treatment of |
24 |
| their HIV infection. Activities shall include but are not |
25 |
| limited to: |
26 |
| (1) developing training for health care providers, |
|
|
|
HB1286 Engrossed |
- 3 - |
LRB095 07327 MJR 27468 b |
|
|
1 |
| including health care providers who offer primary medical |
2 |
| care for adolescents and adults; |
3 |
| (2) providing technical assistance for health care |
4 |
| facilities, including developing procedures for referring |
5 |
| HIV positive individuals to medical care and social |
6 |
| services related to their HIV diagnosis; |
7 |
| (3) developing and disseminating written, video, |
8 |
| electronic, and other materials containing information |
9 |
| required when conducting HIV testing as described in the |
10 |
| AIDS Confidentiality Act; |
11 |
| (4) developing and disseminating model HIV testing |
12 |
| consent forms that contain a written consent for general |
13 |
| medical treatment and a written informed consent for HIV |
14 |
| testing; |
15 |
| (5) developing and disseminating materials including |
16 |
| model scripts that health care providers may use to conduct |
17 |
| HIV testing and deliver test results, including brief HIV |
18 |
| prevention information for HIV-negative individuals; and |
19 |
| (6) research to evaluate the effectiveness of such |
20 |
| grants in identifying individuals with undiagnosed HIV |
21 |
| infection. |
22 |
| The Department shall collaborate with organizations |
23 |
| representing health care facilities and health care providers |
24 |
| to develop the program and disseminate information about |
25 |
| effective programs to identify individuals with undiagnosed |
26 |
| HIV infection. All materials developed under this Section shall |
|
|
|
HB1286 Engrossed |
- 4 - |
LRB095 07327 MJR 27468 b |
|
|
1 |
| be culturally appropriate to the ethnic and racial groups |
2 |
| targeted for HIV testing and available in the 3 languages most |
3 |
| commonly spoken in this State and alternative formats for |
4 |
| individuals with disabilities. |
5 |
| (e) Implementation of this Section is subject to |
6 |
| appropriation. |
7 |
| Section 10. The AIDS Confidentiality Act is amended by |
8 |
| changing Section 3 and by adding Section 9.5 as follows:
|
9 |
| (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
|
10 |
| Sec. 3. When used in this Act:
|
11 |
| (a) "Department" means the Illinois Department of Public |
12 |
| Health.
|
13 |
| (b) "AIDS" means acquired immunodeficiency syndrome.
|
14 |
| (c) "HIV" means the Human Immunodeficiency Virus or
any |
15 |
| other identified causative agent of AIDS.
|
16 |
| (d) "Written informed consent" means an
agreement in |
17 |
| writing executed by the subject of a test or the subject's
|
18 |
| legally authorized representative without undue inducement or |
19 |
| any element
of force, fraud, deceit, duress or other form of |
20 |
| constraint or coercion,
which entails at least the following:
|
21 |
| (1) a fair explanation of the test, including its purpose, |
22 |
| potential
uses, limitations and the meaning of its results; and
|
23 |
| (2) a fair explanation of the procedures to be followed, |
24 |
| including the
voluntary nature of the test, the right to |
|
|
|
HB1286 Engrossed |
- 5 - |
LRB095 07327 MJR 27468 b |
|
|
1 |
| withdraw consent to the testing
process at any time, the right |
2 |
| to anonymity to the extent provided by law
with respect to |
3 |
| participation in the test and disclosure of test results,
and |
4 |
| the right to confidential treatment of
information identifying |
5 |
| the subject of the test and the results of the
test, to the |
6 |
| extent provided by law. |
7 |
| Information may be provided in writing, verbally, or by |
8 |
| video, electronic, or other means that is easily understandable |
9 |
| by the subject. The subject must be offered an opportunity to |
10 |
| ask questions about the HIV test and decline testing. Nothing |
11 |
| in this Act shall prohibit a health care provider from |
12 |
| combining the form used to obtain written informed consent for |
13 |
| HIV testing with forms used to obtain written consent for |
14 |
| general medical care or any other medical test or procedure |
15 |
| provided that the forms make it clear that the subject may |
16 |
| consent to general medical care, test, or medical procedure |
17 |
| without being required to consent to HIV testing.
|
18 |
| (e) "Health facility" means a hospital, nursing home, blood |
19 |
| bank, blood
center, sperm bank, or other health care |
20 |
| institution, including any "health
facility" as that term is |
21 |
| defined in the Illinois Finance Authority
Act.
|
22 |
| (f) "Health care provider" means any health care |
23 |
| professional, nurse,
paramedic,
psychologist or other person |
24 |
| providing medical, nursing, psychological, or
other health |
25 |
| care services of any kind.
|
26 |
| (f-5) "Health care professional" means (i) a licensed |
|
|
|
HB1286 Engrossed |
- 6 - |
LRB095 07327 MJR 27468 b |
|
|
1 |
| physician, (ii) a
physician assistant
to whom the physician |
2 |
| assistant's supervising physician has delegated the
provision |
3 |
| of AIDS and
HIV-related health services, (iii) an advanced |
4 |
| practice registered nurse who
has a written
collaborative |
5 |
| agreement with a collaborating physician which authorizes the
|
6 |
| provision of AIDS
and HIV-related health services, (iv) a |
7 |
| licensed dentist, (v) a licensed
podiatrist, or (vi) an
|
8 |
| individual certified to provide HIV testing and counseling by a |
9 |
| state or local
public health
department.
|
10 |
| (g) "Test" or "HIV test" means a test to determine the |
11 |
| presence of the
antibody or antigen to HIV, or of HIV |
12 |
| infection.
|
13 |
| (h) "Person" includes any natural person, partnership, |
14 |
| association,
joint venture, trust, governmental entity, public |
15 |
| or private corporation,
health facility or other legal entity.
|
16 |
| (Source: P.A. 93-205, eff. 1-1-04; 93-482, eff. 8-8-03; revised |
17 |
| 9-12-03.)
|
18 |
| (410 ILCS 305/9.5 new) |
19 |
| Sec. 9.5. Delivery of test results.
|
20 |
| (a) The subject of the test or the subject's legally |
21 |
| authorized representative may be notified of the results of a |
22 |
| negative HIV test in writing, by telephone, or by any other |
23 |
| means that maintains the confidentiality of the test result as |
24 |
| set forth in Section 9 of this Act. |
25 |
| (b) The subject of the test or the subject's legally |
|
|
|
HB1286 Engrossed |
- 7 - |
LRB095 07327 MJR 27468 b |
|
|
1 |
| authorized representative shall be notified by personal |
2 |
| contact whenever possible of the indeterminate result of an HIV |
3 |
| test and the need for repeat testing. |
4 |
| If the subject is known to be at high risk of HIV infection |
5 |
| and the subject has negative or indeterminate test results, the |
6 |
| subject or the subject's legally authorized representative |
7 |
| shall be advised of the need for repeat testing and offered |
8 |
| counseling to prevent HIV infection or offered a referral to |
9 |
| counseling to prevent HIV infection. |
10 |
| (c) The subject of the test or the subject's legally |
11 |
| authorized representative shall be notified by personal |
12 |
| contact whenever possible of the positive or preliminary |
13 |
| positive result of an HIV test. When the subject or the |
14 |
| subject's legally authorized representative is notified of a |
15 |
| positive or preliminary positive test result, the health care |
16 |
| provider or professional shall provide the subject or the |
17 |
| subject's legally authorized representative with a referral to |
18 |
| counseling in connection with the positive or preliminary |
19 |
| positive test result and a referral to an appropriate medical |
20 |
| facility for the treatment and management of HIV. |
21 |
| (d) A health care provider shall not be in violation of |
22 |
| this Section when an attempt to contact the test subject or the |
23 |
| subject's legally authorized representative at the address or |
24 |
| telephone number provided by the test subject or the test |
25 |
| subject's legally authorized representative does not result in |
26 |
| contact and notification or where an attempt to deliver results |