Illinois General Assembly - Full Text of HB5281
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Full Text of HB5281  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/8/2012, by Rep. Donald L. Moffitt


410 ILCS 305/3  from Ch. 111 1/2, par. 7303
410 ILCS 305/5.5
410 ILCS 305/7  from Ch. 111 1/2, par. 7307
410 ILCS 305/9  from Ch. 111 1/2, par. 7309
410 ILCS 315/1  from Ch. 111 1/2, par. 22.11
410 ILCS 315/2a rep.

    Amends the AIDS Confidentiality Act. Makes changes to the definition of "health care facility" (now "health facility") and adds definitions for "emergency responder" and "police officer". Provides that the Department of Public Health shall adopt rules to allow for the implementation of HIV (now HIV/AIDS) rapid testing. Makes changes to the provisions concerning informed consent and exceptions to the prohibition against disclosure of the identity of any person upon whom a test is performed or the results of such a test in a manner that permits identification of the subject of the test. Amends the Communicable Disease Prevention Act to list certain diseases in a provision concerning communicable diseases and repeal a provision concerning giving notice of the identity of a child of school age who is reported as having acquired AIDS or HIV to the principal of the school in which the child is enrolled.

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HB5281LRB097 17805 RPM 63021 b

1    AN ACT concerning public health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The AIDS Confidentiality Act is amended by
5changing Sections 3, 5.5, 7, and 9 as follows:
6    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)
7    Sec. 3. When used in this Act:
8    (a) "Department" means the Illinois Department of Public
10    (b) "AIDS" means acquired immunodeficiency syndrome.
11    (c) "HIV" means the Human Immunodeficiency Virus or any
12other identified causative agent of AIDS.
13    (d) "Informed consent" means a written or verbal agreement
14by the subject of a test or the subject's legally authorized
15representative without undue inducement or any element of
16force, fraud, deceit, duress or other form of constraint or
17coercion, which entails at least the following pre-test
19    (1) a fair explanation of the test, including its purpose,
20potential uses, limitations and the meaning of its results; and
21    (2) a fair explanation of the procedures to be followed,
22including the voluntary nature of the test, the right to
23withdraw consent to the testing process at any time, the right



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1to anonymity to the extent provided by law with respect to
2participation in the test and disclosure of test results, and
3the right to confidential treatment of information identifying
4the subject of the test and the results of the test, to the
5extent provided by law.
6    Pre-test information may be provided in writing, verbally,
7or by video, electronic, or other means. The subject must be
8offered an opportunity to ask questions about the HIV test and
9decline testing. Nothing in this Act shall prohibit a health
10care provider from combining a form used to obtain informed
11consent for HIV testing with forms used to obtain written
12consent for general medical care or any other medical test or
13procedure provided that the forms make it clear that the
14subject may consent to general medical care, tests, or medical
15procedures without being required to consent to HIV testing and
16clearly explain how the subject may opt-out of HIV testing.
17    (e) "Health care facility" means a hospital, nursing home,
18blood bank, blood center, sperm bank, or other health care
19institution, including any "health facility" as that term is
20defined in the Illinois Finance Authority Act.
21    (f) "Health care provider" means any health care
22professional, nurse, paramedic, psychologist, or other person
23providing medical, nursing, psychological, or other health
24care services of any kind.
25    (f-5) "Health care professional" means (i) a licensed
26physician, (ii) a physician assistant to whom the physician



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1assistant's supervising physician has delegated the provision
2of AIDS and HIV-related health services, (iii) an advanced
3practice registered nurse who has a written collaborative
4agreement with a collaborating physician which authorizes the
5provision of AIDS and HIV-related health services, (iv) a
6licensed dentist, (v) a licensed podiatrist, or (vi) an
7individual certified to provide HIV testing and counseling by a
8state or local public health department.
9    (f-10) "Emergency responder" means an emergency medical
10responder, an emergency medical technician, an advanced
11emergency medical technician, a paramedic, a firefighter, a
12prehospital registered nurse, a member of the Medical Reserve
13Corps, or a volunteer.
14    (f-15) "Police officer" means any person employed by the
15State, a county, or a municipality as a policeman, peace
16officer, auxiliary police officer, correctional officer, or in
17some like position involving the enforcement of the law and
18protection of the public interest at the risk of that person's
20    (g) "Test" or "HIV test" means a test to determine the
21presence of the antibody or antigen to HIV, or of HIV
23    (h) "Person" includes any natural person, partnership,
24association, joint venture, trust, governmental entity, public
25or private corporation, health care facility or other legal



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1(Source: P.A. 95-7, eff. 6-1-08; 95-331, eff. 8-21-07.)
2    (410 ILCS 305/5.5)
3    Sec. 5.5. Rapid testing. The Department shall adopt rules
4to allow for the implementation of HIV/AIDS rapid testing. The
5rules must include, but need not be limited to, standards for
6ordering and administration of testing and counseling and
7dissemination of test results.
8(Source: P.A. 93-482, eff. 8-8-03.)
9    (410 ILCS 305/7)  (from Ch. 111 1/2, par. 7307)
10    Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
11and 6 of this Act, informed consent is not required for a
12health care provider or health care facility to perform a test
13when the health care provider or health care facility procures,
14processes, distributes or uses a human body part donated for a
15purpose specified under the Illinois Anatomical Gift Act, or
16semen provided prior to the effective date of this Act for the
17purpose of artificial insemination, and such a test is
18necessary to ensure assure medical acceptability of such gift
19or semen for the purposes intended.
20    (b) Informed consent is not required for a health care
21provider or health care facility to perform a test when a
22health care provider, or employee of a health care facility, or
23emergency responder a firefighter or an EMT-A, EMT-I or EMT-P,
24is involved in an accidental direct skin or mucous membrane



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1contact with the blood or bodily fluids of an individual which
2is of a nature that may transmit HIV, as determined by a
3physician in his medical judgment. Should such test prove to be
4positive, the patient, and the health care provider, health
5care facility employee, exposed individual, or police officer
6firefighter, EMT-A, EMT-I, or EMT-P shall be provided
7appropriate counseling consistent with this Act.
8    (c) (Blank). Informed consent is not required for a health
9care provider or health facility to perform a test when a law
10enforcement officer is involved in the line of duty in a direct
11skin or mucous membrane contact with the blood or bodily fluids
12of an individual which is of a nature that may transmit HIV, as
13determined by a physician in his medical judgment. Should such
14test prove to be positive, the patient shall be provided
15appropriate counseling consistent with this Act. For purposes
16of this subsection (c), "law enforcement officer" means any
17person employed by the State, a county or a municipality as a
18policeman, peace officer, auxiliary policeman, correctional
19officer or in some like position involving the enforcement of
20the law and protection of the public interest at the risk of
21that person's life.
22(Source: P.A. 95-7, eff. 6-1-08.)
23    (410 ILCS 305/9)  (from Ch. 111 1/2, par. 7309)
24    Sec. 9. No person may disclose or be compelled to disclose
25the identity of any person upon whom a test is performed, or



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1the results of such a test in a manner which permits
2identification of the subject of the test, except to the
3following persons:
4    (a) The subject of the test or the subject's legally
5authorized representative. A physician may notify the spouse of
6the test subject, if the test result is positive and has been
7confirmed pursuant to rules adopted by the Department, provided
8that the physician has first sought unsuccessfully to persuade
9the patient to notify the spouse or that, a reasonable time
10after the patient has agreed to make the notification, the
11physician has reason to believe that the patient has not
12provided the notification. This paragraph shall not create a
13duty or obligation under which a physician must notify the
14spouse of the test results, nor shall such duty or obligation
15be implied. No civil liability or criminal sanction under this
16Act shall be imposed for any disclosure or non-disclosure of a
17test result to a spouse by a physician acting in good faith
18under this paragraph. For the purpose of any proceedings, civil
19or criminal, the good faith of any physician acting under this
20paragraph shall be presumed.
21    (b) Any person designated in a legally effective release of
22the test results executed by the subject of the test or the
23subject's legally authorized representative.
24    (c) An authorized agent or employee of a health care
25facility or health care provider if the health care facility or
26health care provider itself is authorized to obtain the test



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1results, the agent or employee provides patient care or handles
2or processes specimens of body fluids or tissues, and the agent
3or employee has a need to know such information.
4    (d) The Department and local health authorities serving a
5population of over 1,000,000 residents or other local health
6authorities as designated by the Department, in accordance with
7rules for reporting and controlling the spread of disease, as
8otherwise provided by State law. The Department, local health
9authorities, and authorized representatives shall not disclose
10information and records held by them relating to known or
11suspected cases of AIDS or HIV infection, publicly or in any
12action of any kind in any court or before any tribunal, board,
13or agency. AIDS and HIV infection data shall be protected from
14disclosure in accordance with the provisions of Sections 8-2101
15through 8-2105 of the Code of Civil Procedure.
16    (e) A health care facility or health care provider which
17procures, processes, distributes or uses: (i) a human body part
18from a deceased person with respect to medical information
19regarding that person; or (ii) semen provided prior to the
20effective date of this Act for the purpose of artificial
22    (f) Health care facility staff committees for the purposes
23of conducting program monitoring, program evaluation or
24service reviews.
25    (g) (Blank).
26    (h) Any health care provider, or employee of a health care



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1facility, or emergency responder who sustains a confirmed
2exposure involving the transmission of and any firefighter or
3EMT-A, EMT-P, or EMT-I, involved in an accidental direct skin
4or mucous membrane contact with the blood or bodily fluids from
5of an individual capable of transmitting which is of a nature
6that may transmit HIV, as determined by the designated officer
7or a physician in his medical judgment.
8    (i) (Blank). Any law enforcement officer, as defined in
9subsection (c) of Section 7, involved in the line of duty in a
10direct skin or mucous membrane contact with the blood or bodily
11fluids of an individual which is of a nature that may transmit
12HIV, as determined by a physician in his medical judgment.
13    (j) A temporary caretaker of a child taken into temporary
14protective custody by the Department of Children and Family
15Services pursuant to Section 5 of the Abused and Neglected
16Child Reporting Act, as now or hereafter amended.
17    (k) In the case of a minor under 18 years of age whose test
18result is positive and has been confirmed pursuant to rules
19adopted by the Department, the health care provider who ordered
20the test shall make a reasonable effort to notify the minor's
21parent or legal guardian if, in the professional judgment of
22the health care provider, notification would be in the best
23interest of the child and the health care provider has first
24sought unsuccessfully to persuade the minor to notify the
25parent or legal guardian or a reasonable time after the minor
26has agreed to notify the parent or legal guardian, the health



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1care provider has reason to believe that the minor has not made
2the notification. This subsection shall not create a duty or
3obligation under which a health care provider must notify the
4minor's parent or legal guardian of the test results, nor shall
5a duty or obligation be implied. No civil liability or criminal
6sanction under this Act shall be imposed for any notification
7or non-notification of a minor's test result by a health care
8provider acting in good faith under this subsection. For the
9purpose of any proceeding, civil or criminal, the good faith of
10any health care provider acting under this subsection shall be
12(Source: P.A. 96-328, eff. 8-11-09.)
13    Section 10. The Communicable Disease Prevention Act is
14amended by changing Section 1 as follows:
15    (410 ILCS 315/1)  (from Ch. 111 1/2, par. 22.11)
16    Sec. 1. Certain communicable diseases, including, but not
17limited to, such as measles, poliomyelitis, invasive
18pneumococcal disease, hepatitis B, hepatitis C, anthrax
19cutaneous, rabies, HIV, vaccinia virus, viral hemorrhagic
20fevers (Marburg, Ebola, Crimean-Congo), measles (rubeola),
21tuberculosis, varicella (chickenpox), diphtheria, mumps, novel
22influenza viruses, pertussis, neisseria meningitis, plague
23(pneumonic), rubella, SARS-CoV, and tetanus, may and do result
24in serious physical and mental disability including an



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1intellectual disability, permanent paralysis, encephalitis,
2convulsions, pneumonia, and not infrequently, death.
3    Most of these diseases attack young children, and if they
4have not been immunized, may spread to other susceptible
5children and possibly, adults, thus, posing serious threats to
6the health of the community. Effective, safe and widely used
7vaccines and immunization procedures have been developed and
8are available to prevent these diseases and to limit their
9spread. Even though such immunization procedures are
10available, many children fail to receive this protection either
11through parental oversight, lack of concern, knowledge or
12interest, or lack of available facilities or funds. The
13existence of susceptible children in the community constitutes
14a health hazard to the individual and to the public at large by
15serving as a focus for the spread of these communicable
17    It is declared to be the public policy of this State that
18all children shall be protected, as soon after birth as
19medically indicated, by the appropriate vaccines and
20immunizing procedures to prevent communicable diseases which
21are or which may in the future become preventable by
23(Source: P.A. 97-227, eff. 1-1-12.)
24    (410 ILCS 315/2a rep.)
25    Section 15. The Communicable Disease Prevention Act is



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1amended by repealing Section 2a.