Full Text of HB3420 94th General Assembly
HB3420eng 94TH GENERAL ASSEMBLY
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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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| 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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