August 14,
2007
To the
Honorable Members of the
Illinois House of Representatives
95th
General Assembly
Pursuant to Article IV, Section 9(e) of the Illinois
Constitution of 1970, I hereby return House Bill 1759, entitled AN ACT
concerning public health, with the following specific recommendations for
change:
on page 2,
line 12, by replacing therefore with and; and
on page 2, below
line 12, by inserting WHEREAS, The public health will be served by
expanding the availability of informed, voluntary, and confidential HIV testing
and making HIV testing a routine part of general medical care, as recommended
by the United States Centers for Disease Control and Prevention; therefore;
and
on page 2,
line 20, by inserting , unless she has already been tested during the
current pregnancy, after the word shall; and
on page 2,
line 21, by inserting , as described in subpart (d) of this section,
after counseling; and
on page 2,
line 21, by inserting shall test her for HIV unless she refuses. A refusal
may be verbal or in writing.; after and; and
on page 2,
line 21, by deleting recommend HIV testing, unless she declines in;
and
on page 3,
line 1 through 2, by deleting writing or she has already received an HIV
test during pregnancy.; and
on page 3,
line 4, by deleting provide and reinserting recommend; and
on page 3,
line 8 through 11, by deleting The health care professional shall inform
the pregnant woman that, should she refuse HIV testing during pregnancy, her
newborn infant will be tested for HIV.; and
on page 3,
line 11 through 12, by deleting , offer of testing, and whether the woman
accepted or declined testing and replacing it with and testing or
refusal of testing; and
on page 3,
line 15, by inserting , unless she has already been tested during the
current pregnancy, after shall; and
on page 3,
line 16, by inserting , as described in subpart (d) of this section,
after counseling; and
on page 3,
line 17, by deleting refuses in writing. and replacing it with refuses.
A refusal may be verbal or in writing.; and
on page 3,
line 18 through 19, by deleting No counseling or testing is required if
already provided during the womans pregnancy.; and
on page 3,
line 20 through 21, by deleting , whether the woman accepted or declined
testing, and offer of testing, and replacing it with and testing or
refusal of testing; and
on page 4,
line 8, by inserting as described in subsection (d) of this section
after counseling; and
on page 4,
line 15 through 18, by deleting requirement that HIV testing be performed
unless it is declined in writing. (2) A womans right to decline testing and
how to do so and the; and
on page 4,
line 18, by replacing testing and with testing,; and
on page 4, line
19, by inserting , and the requirement that HIV testing be performed unless
she refuses and the methods by which she can refuse after transmission;
and
on page 4,
line 20, by deleting (3)
and reinserting (2); and
on page 4,
line 20, by inserting herself and after for; and
on page 4,
line 23, by deleting (4) and reinserting (3); and
on page 4,
line 25, by deleting (5) and reinserting (4); and
on page 5, after
line 1, by inserting (5) The requirement for mandatory testing of the newborn
if the mothers HIV status is unknown at the time of delivery. (6) An
explanation of the test, including its purpose, limitations, and the meaning of
its results. (7) An explanation of the procedures to be followed. (8) The
availability of additional or confirmatory testing, if appropriate. Counseling
may be provided in writing, verbally, or by video, electronic, or other means.
The woman must be offered an opportunity to ask questions about testing and to
decline testing for herself.; and
on page 5,
line 2 through 15, by deleting Notwithstanding any other provision of law,
including, but not limited to the AIDS Confidentiality Act, consent for HIV
testing of a pregnant woman is established when: (1) the pregnant woman signs a
general consent for prenatal or medical care that includes : (A) specific
information regarding HIV testing; and (B) the option to decline such testing
in writing; and (2) the counseling as set forth in subsection (d) of this
Section and the AIDS Confidentiality Act has been provided, and (3) the
pregnant woman has not declined the testing in writing.; and
on page 5,
line 16 through 18, by reinserting All counseling and testing must be
performed in accordance with the standards set forth in the AIDS
Confidentiality Act, including the; and
on page 5,
line 18 through 20, by reinserting informed consent provisions of Sections
4, 7, and 8 of that Act, with the exception of the requirement of consent for
testing of newborn infants.; and
on page 6,
line 2, by inserting by July 1, 2008 after Act; and
With these changes, House Bill 1759 will have my approval.
I respectfully request your concurrence.
Sincerely,
ROD R.
BLAGOJEVICH
Governor