Illinois General Assembly - Full Text of SB0263
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Full Text of SB0263  93rd General Assembly

SB0263ham001 93rd General Assembly



                                     LRB093 08244 DRJ 14643 a

 1                    AMENDMENT TO SENATE BILL 263

 2        AMENDMENT NO.     .  Amend Senate Bill 263,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

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

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

21        Section  10.  HIV  counseling  and  offer  of HIV testing
                            -2-      LRB093 08244 DRJ 14643 a
 1    required.
 2        (a)  Every health care professional who  provides  health
 3    care  services  to  a  pregnant woman shall provide the woman
 4    with HIV counseling and offer HIV  testing,  unless  she  has
 5    already  received  an  HIV test during pregnancy. HIV testing
 6    shall be provided with the woman's consent.   A  health  care
 7    professional  shall  provide  the  counseling  and  offer the
 8    testing as early in the woman's pregnancy  as  possible.  For
 9    women  at  continued risk of exposure to HIV infection in the
10    judgment of the  health  care  professional,  a  repeat  test
11    should be offered late in pregnancy. The counseling and offer
12    of testing shall be documented in the woman's medical record.
13        (b)  Every  health  care  professional  or  facility that
14    cares for a pregnant woman during  labor  or  delivery  shall
15    provide  the woman with HIV counseling and offer HIV testing.
16    HIV testing shall be provided with the  woman's  consent.  No
17    counseling  or  offer  of  testing  is  required  if  already
18    provided  during  the  woman's  pregnancy. The counseling and
19    offer of testing shall be documented in the  woman's  medical
20    record.  Any  testing  or test results shall be documented in
21    accordance with the AIDS Confidentiality Act.
22        (c)  Every health care professional  or  facility  caring
23    for  a newborn infant shall, upon delivery or within 48 hours
24    after the infant's birth, provide counseling to the parent or
25    guardian of the infant and perform HIV testing, when the  HIV
26    status  of  the  infant's mother is unknown, if the parent or
27    guardian does not refuse. The  health  care  professional  or
28    facility  shall  document  in the woman's medical record that
29    counseling and the offer of testing were given, and  that  no
30    written refusal was given.
31        (d)  The  counseling  required under this Section must be
32    provided in accordance with the AIDS Confidentiality Act  and
33    must include the following:
34             (1)  The  benefits  of  HIV testing for the pregnant
                            -3-      LRB093 08244 DRJ 14643 a
 1        woman, including the prevention of transmission.
 2             (2)  The benefit of  HIV  testing  for  the  newborn
 3        infant,    including   interventions   to   prevent   HIV
 4        transmission.
 5             (3)  The side effects of  interventions  to  prevent
 6        HIV transmission.
 7             (4)  The  statutory  confidentiality provisions that
 8        relate to HIV and  acquired  immune  deficiency  syndrome
 9        ("AIDS") testing.
10             (5)  The  voluntary nature of the testing, including
11        the opportunity to refuse testing of a newborn infant  in
12        writing.
13        (e)  All  counseling  and  testing  must  be performed in
14    accordance  with  the  standards  set  forth  in   the   AIDS
15    Confidentiality Act, with the exception of the requirement of
16    consent  for  testing of newborn infants. Consent for testing
17    of a newborn infant shall be  presumed  when  a  health  care
18    professional  or health care facility seeks to perform a test
19    on a newborn infant whose mother's HIV status is  not  known,
20    provided  that  the  counseling required under subsection (d)
21    has taken place and the newborn infant's parent  or  guardian
22    has  not indicated in writing that he or she refuses to allow
23    the newborn infant to receive HIV testing.
24        (f)  The Illinois Department of Public Health shall adopt
25    necessary rules to implement this Act.

26        Section 99.  Effective date. This Act takes  effect  upon
27    becoming law.".