Illinois General Assembly - Full Text of SB0263
Illinois General Assembly

Previous General Assemblies

Full Text of SB0263  93rd General Assembly

SB0263enr 93rd General Assembly


093_SB0263enr

 
SB263 Enrolled                       LRB093 08244 DRJ 08457 b

 1        AN ACT in relation to health.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Perinatal HIV Prevention Act.

 6        Section 5. Definitions. In this Act:
 7        "Health care professional" means a physician licensed  to
 8    practice  medicine in all its branches, a physician assistant
 9    who has been delegated the provision of  health  services  by
10    his  or  her  supervising  physician, or an advanced practice
11    registered nurse who has a  written  collaborative  agreement
12    with  a collaborating physician that authorizes the provision
13    of health services.
14        "Health care facility" or "facility" means  any  hospital
15    or other institution that is licensed or otherwise authorized
16    to deliver health care services.
17        "Health care services" means any prenatal medical care or
18    labor  or  delivery  services  to  a  pregnant  woman and her
19    newborn infant, including hospitalization.

20        Section 10.  HIV counseling  and  offer  of  HIV  testing
21    required.
22        (a)  Every  health  care professional who provides health
23    care services to a pregnant woman  shall  provide  the  woman
24    with  HIV  counseling  and  offer HIV testing, unless she has
25    already received an HIV test during  pregnancy.  HIV  testing
26    shall  be  provided  with the woman's consent.  A health care
27    professional shall  provide  the  counseling  and  offer  the
28    testing  as  early  in the woman's pregnancy as possible. For
29    women at continued risk of exposure to HIV infection  in  the
30    judgment  of  the  health  care  professional,  a repeat test
 
SB263 Enrolled             -2-       LRB093 08244 DRJ 08457 b
 1    should be offered late in pregnancy. The counseling and offer
 2    of testing shall be documented in the woman's medical record.
 3        (b)  Every health  care  professional  or  facility  that
 4    cares  for  a  pregnant  woman during labor or delivery shall
 5    provide the woman with HIV counseling and offer HIV  testing.
 6    HIV  testing  shall  be provided with the woman's consent. No
 7    counseling  or  offer  of  testing  is  required  if  already
 8    provided during the woman's  pregnancy.  The  counseling  and
 9    offer  of  testing shall be documented in the woman's medical
10    record. Any testing or test results shall  be  documented  in
11    accordance with the AIDS Confidentiality Act.
12        (c)  Every  health  care  professional or facility caring
13    for a newborn infant shall, upon delivery or within 48  hours
14    after the infant's birth, provide counseling to the parent or
15    guardian  of the infant and perform HIV testing, when the HIV
16    status of the infant's mother is unknown, if  the  parent  or
17    guardian  does  not  refuse.  The health care professional or
18    facility shall document in the woman's  medical  record  that
19    counseling  and  the offer of testing were given, and that no
20    written refusal was given.
21        (d)  The counseling required under this Section  must  be
22    provided  in accordance with the AIDS Confidentiality Act and
23    must include the following:
24             (1)  The benefits of HIV testing  for  the  pregnant
25        woman, including the prevention of transmission.
26             (2)  The  benefit  of  HIV  testing  for the newborn
27        infant,   including   interventions   to   prevent    HIV
28        transmission.
29             (3)  The  side  effects  of interventions to prevent
30        HIV transmission.
31             (4)  The statutory confidentiality  provisions  that
32        relate  to  HIV  and  acquired immune deficiency syndrome
33        ("AIDS") testing.
34             (5)  The voluntary nature of the testing,  including
 
SB263 Enrolled             -3-       LRB093 08244 DRJ 08457 b
 1        the  opportunity to refuse testing of a newborn infant in
 2        writing.
 3        (e)  All counseling and  testing  must  be  performed  in
 4    accordance   with   the  standards  set  forth  in  the  AIDS
 5    Confidentiality Act, with the exception of the requirement of
 6    consent for testing of newborn infants. Consent  for  testing
 7    of  a  newborn  infant  shall  be presumed when a health care
 8    professional or health care facility seeks to perform a  test
 9    on  a  newborn infant whose mother's HIV status is not known,
10    provided that the counseling required  under  subsection  (d)
11    has  taken  place and the newborn infant's parent or guardian
12    has not indicated in writing that he or she refuses to  allow
13    the newborn infant to receive HIV testing.
14        (f)  The Illinois Department of Public Health shall adopt
15    necessary rules to implement this Act.

16        Section  99.  Effective  date. This Act takes effect upon
17    becoming law.