Full Text of HB4306 94th General Assembly
HB4306 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4306
Introduced 12/21/05, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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410 ILCS 335/10 |
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410 ILCS 335/15 new |
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410 ILCS 335/20 new |
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Amends the Perinatal HIV Prevention Act. Requires HIV testing of newborns when the HIV status of the mother is unknown (now, testing is voluntary). Requires counseling to include the voluntary nature of the HIV test for a pregnant woman. Requires the reporting of a positive HIV test for a newborn infant to an electronic surveillance system established by the Department of Public Health. Requires the Department to adopt rules specifying the information required in the report. Provides that the confidentiality provisions of the AIDS Confidentiality Act apply to the reports. Requires the Department or its authorized representative to provide case management services to ensure access to proper care. Provides that hospitals, laboratories, other facilities, and physicians will not be held liable for the release of information or confidential data in accordance with the Act. Requires all HIV exposed newborns to be treated to prevent HIV infection within 24 hours after birth and until 6 weeks after birth. Effective Immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4306 |
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LRB094 16161 LJB 51402 b |
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| AN ACT concerning public 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 Perinatal HIV Prevention Act is amended by | 5 |
| changing Section 10 and by adding Sections 15 and 20 as | 6 |
| follows:
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| (410 ILCS 335/10)
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| Sec. 10. HIV counseling and offer of HIV testing required.
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| (a) Every health care professional who provides health care | 10 |
| services to a
pregnant
woman shall provide the woman with HIV | 11 |
| counseling and offer HIV
testing, unless she has already | 12 |
| received an HIV test during pregnancy. HIV
testing shall be | 13 |
| provided with the woman's consent. A health care
professional | 14 |
| shall
provide the counseling and offer the testing as early in | 15 |
| the woman's pregnancy
as
possible. For women at continued risk | 16 |
| of exposure to HIV infection in the
judgment
of the health care | 17 |
| professional, a repeat test should be offered late in
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| pregnancy. The
counseling and offer of testing shall be | 19 |
| documented in the woman's medical
record.
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| (b) Every health care professional or facility that cares | 21 |
| for a pregnant
woman
during
labor or delivery shall provide the | 22 |
| woman with HIV counseling and offer
HIV
testing. HIV
testing
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| shall be provided with the woman's consent. No counseling or | 24 |
| offer of testing
is
required if
already provided during the | 25 |
| woman's pregnancy. The counseling and offer of
testing shall be
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| documented in the woman's medical record. Any testing or test | 27 |
| results shall be
documented in accordance with the AIDS | 28 |
| Confidentiality Act.
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| (c) Every health care professional or facility caring for a | 30 |
| newborn infant
shall, upon
delivery or within 48 hours after | 31 |
| the infant's birth, provide
counseling to the
parent or
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| guardian of the infant and perform HIV testing, when the HIV |
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HB4306 |
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LRB094 16161 LJB 51402 b |
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| status of the
infant's mother is unknown , if the parent or | 2 |
| guardian does not refuse. The
health
care professional or | 3 |
| facility shall document in the woman's medical record that
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| counseling and the offer of testing were given, and that no | 5 |
| written refusal was
given .
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| (d) The counseling required under this Section must be | 7 |
| provided in
accordance with
the
AIDS Confidentiality Act and | 8 |
| must include the following:
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| (1) For a pregnant woman, the voluntary nature of the | 10 |
| testing and the
The benefits of HIV testing ,
for the | 11 |
| pregnant woman, including the
prevention of
transmission.
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| (2) The benefit of HIV testing for the newborn infant, | 13 |
| including
interventions
to
prevent
HIV transmission.
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| (3) The side effects of interventions to prevent HIV | 15 |
| transmission.
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| (4) The statutory confidentiality provisions that | 17 |
| relate to HIV and
acquired
immune
deficiency syndrome | 18 |
| ("AIDS") testing.
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| (5) The voluntary nature of the testing, including the | 20 |
| opportunity to
refuse
testing of a newborn infant in | 21 |
| writing.
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| (e) All counseling and testing must be performed in | 23 |
| accordance with the
standards set forth in the AIDS | 24 |
| Confidentiality Act, with the exception of
the requirement of | 25 |
| consent for testing of newborn infants. Consent for
testing of | 26 |
| a newborn infant shall be presumed when a health care | 27 |
| professional
or health care
facility seeks to perform a test on | 28 |
| a newborn infant whose mother's HIV status
is not known, | 29 |
| provided that the counseling required under subsection (d)
has | 30 |
| taken place and the newborn infant's parent or guardian has not | 31 |
| indicated
in
writing that he or she refuses to allow the | 32 |
| newborn infant to receive HIV
testing .
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| (f) The Illinois Department of Public Health shall adopt | 34 |
| necessary rules to
implement this Act.
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| (Source: P.A. 93-566, eff. 8-20-03.)
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HB4306 |
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LRB094 16161 LJB 51402 b |
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| (410 ILCS 335/15 new) | 2 |
| Sec. 15. Reporting. | 3 |
| (a) A positive HIV test for a newborn infant shall be | 4 |
| reported to an electronic surveillance system established by | 5 |
| the Department of Public Health within the time period and in | 6 |
| the manner required by the Department, but in no case shall the | 7 |
| time period exceed 48 hours. | 8 |
| (b) The Department of Public Health shall adopt rules | 9 |
| specifying the information required in reporting the positive | 10 |
| HIV test of a newborn infant. In adopting the rules, the | 11 |
| Department shall consider the need for information, | 12 |
| protections for the privacy and confidentiality of the infant | 13 |
| and mother, and the need to provide access to care and | 14 |
| follow-up services to the infant and the mother. | 15 |
| (c) The confidentiality provisions of the AIDS | 16 |
| Confidentiality Act shall apply to the reports of cases of | 17 |
| perinatal HIV made pursuant to this Section. | 18 |
| (d) The Department of Public Health or its authorized | 19 |
| representative shall provide case management services to the | 20 |
| parent or guardian of the newborn infant, the facility, or the | 21 |
| physician or health care professional responsible for care of | 22 |
| the newborn infant to ensure access to treatment and care and | 23 |
| other services as appropriate. | 24 |
| (e) Hospitals, laboratories, other facilities, or | 25 |
| physicians shall not be held liable for the release of | 26 |
| information or confidential data to the Department of Public | 27 |
| Health in accordance with this Act.
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| (410 ILCS 335/20 new)
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| Sec. 20. Treatment obligation. All HIV exposed newborn | 30 |
| infants shall be treated to prevent HIV infection within 24 | 31 |
| hours after birth and until 6 weeks after birth.
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| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law.
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