Full Text of HB3420 94th General Assembly
HB3420 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3420
Introduced 2/22/2005, by Rep. Larry McKeon SYNOPSIS AS INTRODUCED: |
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410 ILCS 305/9 |
from Ch. 111 1/2, par. 7309 |
410 ILCS 310/Act title |
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410 ILCS 310/1 |
from Ch. 111 1/2, par. 7351 |
410 ILCS 310/2 |
from Ch. 111 1/2, par. 7352 |
410 ILCS 310/3 |
from Ch. 111 1/2, par. 7353 |
410 ILCS 310/4 |
from Ch. 111 1/2, par. 7354 |
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Amends the AIDS Confidentiality Act. Provides that a person may disclose or be compelled to disclose the identity of any person upon whom a test is performed, or the results of such a test in a manner which permits identification of the subject of the test, to local health authorities serving a population of over 1,000,000 residents or other local health authorities as designated by the Department of Public Health, in accordance with rules for reporting and controlling the spread of disease. Provides that a local health authority shall not disclose information and records held by it relating to known or suspected cases of AIDS or HIV infection. Amends the AIDS Registry Act. Changes the short title of the Act to the "HIV/AIDS Registry Act". Changes the name of the "AIDS Registry" to the "HIV/AIDS Registry" (makes reference to "HIV" accordingly). Defines "HIV" and "registry".
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A BILL FOR
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HB3420 |
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LRB094 07679 RXD 37854 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The AIDS Confidentiality Act is amended by | 5 |
| changing Section 9 as follows:
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| (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
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| Sec. 9. No person may disclose or be compelled to disclose | 8 |
| the
identity of any person upon whom a test is performed, or | 9 |
| the results of
such a test in a manner which permits | 10 |
| identification of the subject of the
test, except to the | 11 |
| following persons:
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| (a) The subject of the test or the subject's legally
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| authorized representative. A physician may notify the spouse of | 14 |
| the
test subject, if the test result is positive and has been | 15 |
| confirmed
pursuant to rules adopted by the Department, provided | 16 |
| that the physician has
first sought unsuccessfully to persuade | 17 |
| the patient to notify the spouse or
that, a reasonable time | 18 |
| after the patient has agreed to make the
notification, the | 19 |
| physician has reason to believe that the patient has not
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| provided the notification. This paragraph shall not create a | 21 |
| duty or
obligation under which a physician must notify the | 22 |
| spouse of the test
results, nor shall such duty or obligation | 23 |
| be implied. No civil liability
or criminal sanction under this | 24 |
| Act shall be imposed for any disclosure or
non-disclosure of a | 25 |
| test result to a spouse by a physician acting in good
faith | 26 |
| under this paragraph. For the purpose of any proceedings, civil | 27 |
| or
criminal, the good faith of any physician acting under this | 28 |
| paragraph shall
be presumed.
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| (b) Any person designated in a legally effective release of | 30 |
| the test
results executed by the subject of the test or the | 31 |
| subject's legally
authorized representative.
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| (c) An authorized agent or employee of a health facility or |
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LRB094 07679 RXD 37854 b |
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| health care
provider if the health facility or health care | 2 |
| provider itself is
authorized to obtain the test results, the | 3 |
| agent or employee provides
patient care or handles or processes | 4 |
| specimens of body fluids or tissues,
and the agent or employee | 5 |
| has a need to know such information.
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| (d) The Department and local health authorities serving a | 7 |
| population of over 1,000,000 residents or other local health | 8 |
| authorities as designated by the Department , in accordance with | 9 |
| rules for reporting and
controlling the spread of disease, as | 10 |
| otherwise provided by State law.
Neither the
The Department ,
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| nor
local health authorities, and
its authorized | 12 |
| representatives shall not disclose
information and records | 13 |
| held by them relating to known or suspected cases of
AIDS or | 14 |
| HIV infection, publicly or in any action of any kind in any | 15 |
| court or
before any tribunal, board, or agency. AIDS and HIV | 16 |
| infection data shall be
protected from disclosure in accordance | 17 |
| with the provisions of Sections 8-2101
through 8-2105 of the | 18 |
| Code of Civil Procedure.
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| (e) A health facility or health care provider which | 20 |
| procures, processes,
distributes or uses: (i) a human body part | 21 |
| from a deceased person
with respect to medical information | 22 |
| regarding that person; or (ii) semen
provided prior to the | 23 |
| effective date of this Act for the purpose of
artificial | 24 |
| insemination.
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| (f) Health facility staff committees for the purposes of | 26 |
| conducting
program monitoring, program evaluation or service | 27 |
| reviews.
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| (g) (Blank).
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| (h) Any health care provider or employee of a health | 30 |
| facility, and any
firefighter or EMT-A, EMT-P, or EMT-I, | 31 |
| involved in an accidental direct
skin or mucous membrane | 32 |
| contact with the blood or bodily fluids of an
individual which | 33 |
| is of a nature that may transmit HIV, as determined by a
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| physician in his medical judgment.
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| (i) Any law enforcement officer, as defined in subsection | 36 |
| (c) of
Section 7, involved in the line of duty in a direct skin |
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| or mucous membrane
contact with the blood or bodily fluids of | 2 |
| an individual which is of a
nature that may transmit HIV, as | 3 |
| determined by a physician in his medical
judgment.
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| (j) A temporary caretaker of a child taken into temporary | 5 |
| protective
custody by the Department of Children and Family | 6 |
| Services pursuant to Section 5
of the Abused and Neglected | 7 |
| Child Reporting Act, as now or hereafter amended.
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| (k) In the case of a minor under 18 years of age whose test | 9 |
| result is
positive and has been confirmed
pursuant to rules | 10 |
| adopted by the Department, the health care provider who ordered | 11 |
| the test shall make a reasonable
effort to notify the minor's | 12 |
| parent or legal guardian if, in the
professional judgement of | 13 |
| the health care provider, notification would be
in the best | 14 |
| interest of the child and the health care provider has first
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| sought unsuccessfully to persuade the minor to notify the | 16 |
| parent or legal
guardian or a reasonable time after the minor | 17 |
| has agreed to notify
the parent or legal guardian, the health | 18 |
| care provider has reason to
believe that the minor has not made | 19 |
| the notification. This subsection
shall not create a duty or | 20 |
| obligation under which a health care provider
must notify the | 21 |
| minor's parent or legal guardian of the test results, nor
shall | 22 |
| a duty or obligation be implied. No civil liability or criminal | 23 |
| sanction
under this Act shall be imposed for any notification | 24 |
| or non-notification of a
minor's test result by a health care | 25 |
| provider acting in good faith under this
subsection. For the | 26 |
| purpose of any proceeding, civil or criminal, the good
faith of | 27 |
| any health care provider acting under this subsection shall be
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| presumed.
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| (Source: P.A. 93-482, eff. 8-8-03.)
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| Section 10. The AIDS Registry Act is amended by changing | 31 |
| the title of the Act and Sections 1, 2, 3, and 4 as follows:
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| (410 ILCS 310/Act title)
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| An Act to create an HIV/ AIDS Registry, and to amend certain | 34 |
| Acts in relation to AIDS.
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| (410 ILCS 310/1) (from Ch. 111 1/2, par. 7351)
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| Sec. 1. This Act shall be known and may be cited as the | 3 |
| " HIV/ AIDS
Registry Act".
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| (Source: P.A. 85-929.)
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| (410 ILCS 310/2) (from Ch. 111 1/2, par. 7352)
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| Sec. 2. The General Assembly finds that:
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| (1) More complete and precise statistical data than are | 8 |
| presently
available are necessary to evaluate HIV and
AIDS | 9 |
| treatment and prevention measures that are currently | 10 |
| available; and
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| (2) The creation of an HIV/ AIDS registry will provide a | 12 |
| vital foundation
for a concerted State effort to reduce the | 13 |
| incidence of HIV and AIDS in
this State.
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| (Source: P.A. 85-929.)
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| (410 ILCS 310/3) (from Ch. 111 1/2, par. 7353)
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| Sec. 3. For the purposes of this Act, unless the context | 17 |
| requires otherwise:
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| (a) "AIDS" means acquired immunodeficiency syndrome, as | 19 |
| defined by the
Centers for Disease Control or the National | 20 |
| Institutes of Health.
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| (b) (Blank).
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| (c) "Department" means the Illinois Department of Public | 23 |
| Health.
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| (d) "Director" means the Director of Public Health.
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| (e) "HIV" means human immunodeficiency virus, as defined by | 26 |
| the Centers for Disease Control and Prevention or the National | 27 |
| Institutes of Health.
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| (f) "Registry" means an official record of reported HIV and | 29 |
| AIDS cases.
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| (Source: P.A. 92-84, eff. 7-1-02.)
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| (410 ILCS 310/4) (from Ch. 111 1/2, par. 7354)
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| Sec. 4. (a) The Department shall establish and maintain an |
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| HIV/ AIDS
Registry consisting of a record of cases of HIV and
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| AIDS which
occur in Illinois, and such information concerning | 3 |
| those cases as it deems
necessary or appropriate in order to | 4 |
| conduct thorough and complete
epidemiological surveys of HIV | 5 |
| and AIDS in
Illinois, and to evaluate existing control and | 6 |
| prevention measures. Cases
included in the Registry shall be | 7 |
| identified by a code rather than by name.
To the extent | 8 |
| feasible, the Registry shall be compatible with other
national | 9 |
| models so as to facilitate the coordination of information with | 10 |
| other
data bases.
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| (b) To facilitate the collection of information relating to | 12 |
| cases of HIV and
AIDS, the Department shall have the authority | 13 |
| to
require hospitals, laboratories and other facilities which | 14 |
| diagnose
such conditions to report cases of HIV and AIDS to the | 15 |
| Department or a local health authority if the local health | 16 |
| authority serves a population of over 1,000,000 citizens or if | 17 |
| the local health authority has been designated by the | 18 |
| Department to collect such information ,
and to require the | 19 |
| submission of such other information pertaining to or in
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| connection with such reported cases as the Department deems | 21 |
| necessary or
appropriate for the purposes of this Act. The | 22 |
| Department may promulgate
rules or regulations specifying the | 23 |
| types of information required,
requirements for follow up of | 24 |
| patients, frequency of reporting, methods of
submitting such | 25 |
| information and any other details deemed by the Department
to | 26 |
| be necessary or appropriate for the administration of this Act. | 27 |
| Nothing
in this Act shall be construed to compel any individual | 28 |
| to submit to a
medical examination or supervision.
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| (c) The Director shall by rule establish standards for | 30 |
| ensuring the
protection of information made confidential or | 31 |
| privileged under law.
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| (Source: P.A. 92-84, eff. 7-1-02.)
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