Full Text of HB4396 94th General Assembly
HB4396ham001 94TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 2/8/2006
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09400HB4396ham001 |
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LRB094 16026 RLC 55509 a |
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| AMENDMENT TO HOUSE BILL 4396
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| AMENDMENT NO. ______. Amend House Bill 4396 by replacing | 3 |
| the title with the following: | 4 |
| "AN ACT concerning public health."; and
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| by replacing everything after the enacting clause with the | 6 |
| following: | 7 |
| "Section 5. The AIDS Confidentiality Act is amended by | 8 |
| changing Section 7 as follows: | 9 |
| (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
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| Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
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| and 6 of this Act, written informed consent is not required for | 12 |
| a health
care provider or health facility to perform a test | 13 |
| when the health care
provider or health facility procures, | 14 |
| processes, distributes or uses a
human body part donated for a | 15 |
| purpose specified under the Illinois
Anatomical Gift Act, or | 16 |
| semen provided prior to the effective date of this
Act for the | 17 |
| purpose of artificial insemination, and such a test is
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| necessary to assure medical acceptability of such gift or semen | 19 |
| for the
purposes intended.
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| (b) Written informed consent is not required for a health | 21 |
| care
provider or health facility to perform a test when a | 22 |
| health care provider
or employee of a health facility, or a | 23 |
| firefighter or an EMT-A, EMT-I or EMT-P,
is involved in an |
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09400HB4396ham001 |
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LRB094 16026 RLC 55509 a |
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| accidental direct skin or mucous membrane contact with
the | 2 |
| blood or bodily fluids of an individual which is of a nature | 3 |
| that may
transmit HIV, as determined by a physician in his | 4 |
| medical judgment. Should
such test prove to be positive, the | 5 |
| patient and the health care provider,
health facility employee, | 6 |
| firefighter, EMT-A, EMT-I, or EMT-P shall be
provided | 7 |
| appropriate counseling consistent with this Act.
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| (c) Written informed consent is not required for a health | 9 |
| care
provider or health facility to perform a test when a law | 10 |
| enforcement
officer is involved in the line of duty in a direct | 11 |
| skin or mucous membrane
contact with the blood or bodily fluids | 12 |
| of an individual which is of a
nature that may transmit HIV, as | 13 |
| determined by a physician in his medical
judgment. When the | 14 |
| physician determines that a law enforcement officer in the line | 15 |
| of duty has experienced a direct skin or mucous membrane | 16 |
| contact with the blood or bodily fluids of an individual which | 17 |
| is of a nature that may transmit HIV, the individual shall | 18 |
| submit, upon the request of that law enforcement officer, to a | 19 |
| test of blood or other bodily fluids to detect the presence of | 20 |
| HIV. Should such test prove to be positive, the patient shall | 21 |
| be
provided appropriate counseling consistent with this Act. | 22 |
| For purposes of
this subsection (c), "law enforcement officer" | 23 |
| means any person employed by
the State, a county or a | 24 |
| municipality as a policeman, peace officer,
auxiliary | 25 |
| policeman, correctional officer or in some like position
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| involving the enforcement of the law and protection of the | 27 |
| public interest
at the risk of that person's life.
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| (Source: P.A. 93-794, eff. 7-22-04.)".
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