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

SB0263sam002 93rd General Assembly


093_SB0263sam002











                                     LRB093 08244 LCB 13956 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 provider" or "provider" means any physician,
 9    hospital  facility,  or  other  person  that  is  licensed or
10    otherwise authorized to deliver health care services.
11        "Health care services" means any services included in (i)
12    the furnishing of prenatal medical care or labor or  delivery
13    services  to  a  pregnant  woman and her newborn, or (ii) the
14    hospitalization incident to the furnishing  of  the  care  or
15    services.

16        Section  10.  HIV  counseling  and  offer  of HIV testing
17    required.
18        (a)  As a routine standard of  care,  every  health  care
19    provider  in this State that provides health care services to
20    a pregnant  woman,  including  but  not  limited  to  routine
21    prenatal  care,  shall  provide every pregnant woman with HIV
 
                            -2-      LRB093 08244 LCB 13956 a
 1    counseling and shall provide HIV  testing  with  the  woman's
 2    permission,  unless  she  has  already  received  an HIV test
 3    during pregnancy. A provider shall provide the counseling and
 4    offer the testing  as  early  in  the  woman's  pregnancy  as
 5    possible.  For  women  at  continued  risk of exposure to HIV
 6    infection, a repeat test should be offered late in pregnancy.
 7    The counseling and offer of testing shall  be  documented  in
 8    the  woman's  medical  record.  The  woman  shall indicate in
 9    writing that she has received the counseling and whether  she
10    accepts or declines the administration of an HIV test.
11        (b)  As  a  routine  standard  of care, every health care
12    provider that cares for a pregnant  woman  during  labor  and
13    delivery  shall  provide HIV counseling and shall provide HIV
14    testing with the  woman's  permission  if  not  already  done
15    during  pregnancy.  The counseling and offer of testing shall
16    be documented in the woman's medical record. The woman  shall
17    indicate  in writing that she has received the counseling and
18    whether she accepts or declines the administration of an  HIV
19    test.
20        (c)  As  a  routine  standard  of care, every health care
21    provider in charge of caring  for  a  newborn  infant  shall,
22    within 48 hours of the newborn's birth, provide counseling to
23    the parent or guardian of the newborn and perform HIV testing
24    when  the  HIV  status of the newborn's mother is unknown, if
25    the parent or guardian does not refuse testing. The  provider
26    shall  document in the woman's medical record that counseling
27    and the offer of testing were  given,  and  that  no  written
28    refusal was given, if that was the case.
29        (d)  The  counseling  required under this Section must be
30    in accordance with the provisions of the AIDS Confidentiality
31    Act and must include, but not be limited to, the following:
32             (1)  The benefits of HIV testing  for  the  pregnant
33        woman including the prevention of transmission.
34             (2)  The  benefits  of  HIV  testing for the newborn
 
                            -3-      LRB093 08244 LCB 13956 a
 1        that include interventions to prevent HIV transmission.
 2             (3)  The side effects of such interventions.
 3             (4)  The statutory confidentiality  provisions  that
 4        relate  to  HIV  and  acquired immune deficiency syndrome
 5        ("AIDS") testing.
 6             (5)  The voluntary nature of the testing,  including
 7        the need to refuse newborn testing in writing.
 8        (e)  The  Illinois  Department  of  Public  Health  shall
 9    promulgate rules to interpret the provisions of this Act.
10        (f)  All   counseling  and  offers  of  testing  must  be
11    performed in accordance with the standards set forth  in  the
12    AIDS Confidentiality Act. All testing provided under this Act
13    must  be  in  accordance  with the standards set forth in the
14    AIDS  Confidentiality  Act  with   the   exception   of   the
15    requirement  of  written consent for newborn testing. Consent
16    for newborn testing shall be  presumed  when  a  health  care
17    provider  or  health  facility  seeks  to perform a test on a
18    newborn whose mother's HIV status is not known, provided that
19    all the following have taken place: (i)  counseling  for  the
20    newborn's  parent or guardian on the information in items (1)
21    through (5) of subsection (d) of this Section; and  (ii)  the
22    newborn's  parent  or  guardian  has not indicated in writing
23    that he or she refuses to allow the newborn  to  receive  HIV
24    testing.

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