HB4396ham001 94TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 2/8/2006

09400HB4396ham001 LRB094 16026 RLC 55509 a

AMENDMENT TO HOUSE BILL 4396

AMENDMENT NO. ______. Amend House Bill 4396 by replacing the title with the following:

"AN ACT concerning public health."; and

by replacing everything after the enacting clause with the following:

"Section 5. The AIDS Confidentiality Act is amended by changing Section 7 as follows:

(410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)

Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5 and 6 of this Act, written informed consent is not required for a health care provider or health facility to perform a test when the health care provider or health facility procures, processes, distributes or uses a human body part donated for a purpose specified under the Illinois Anatomical Gift Act, or semen provided prior to the effective date of this Act for the purpose of artificial insemination, and such a test is necessary to assure medical acceptability of such gift or semen for the purposes intended.

(b) Written informed consent is not required for a health care provider or health facility to perform a test when a health care provider or employee of a health facility, or a firefighter or an EMT-A, EMT-I or EMT-P, is involved in an accidental direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment. Should such test prove to be positive, the patient and the health care provider, health facility employee, firefighter, EMT-A, EMT-I, or EMT-P shall be provided appropriate counseling consistent with this Act.

(c) Written informed consent is not required for a health care provider or health facility to perform a test when a law enforcement officer is involved in the line of duty in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment. When the physician determines that a law enforcement officer in the line of duty has experienced a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, the individual shall submit, upon the request of that law enforcement officer, to a test of blood or other bodily fluids to detect the presence of HIV. Should such test prove to be positive, the patient shall be provided appropriate counseling consistent with this Act. For purposes of this subsection (c), "law enforcement officer" means any person employed by the State, a county or a municipality as a policeman, peace officer, auxiliary policeman, correctional officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life.

(Source: P.A. 93-794, eff. 7-22-04.)".