Full Text of HB2800 100th General Assembly
HB2800ham001 100TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/7/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2800
| 2 | | AMENDMENT NO. ______. Amend House Bill 2800 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Perinatal HIV Prevention Act is amended by | 5 | | changing Sections 5, 10, 15, 30, and 35 as follows:
| 6 | | (410 ILCS 335/5)
| 7 | | Sec. 5. Definitions. In this Act:
| 8 | | "Birthing center" means a designated site that is away from | 9 | | the pregnant women usual place of residence in which births are | 10 | | planned to occur following a normal, uncomplicated, and | 11 | | low-risk pregnancy. | 12 | | "Department" means the Department of Public Health.
| 13 | | "Health care professional" means a physician licensed to | 14 | | practice
medicine in all its branches, a licensed physician | 15 | | assistant, or a licensed
advanced
practice nurse.
| 16 | | "Health care facility" or "facility" means any hospital , |
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| 1 | | birthing center, or other
institution that is licensed or | 2 | | otherwise authorized to deliver health care
services.
| 3 | | "Health care services" means any prenatal medical care , | 4 | | emergency care, or labor or
delivery services to a pregnant | 5 | | woman and her newborn infant, including
hospitalization.
| 6 | | "Opt-out testing" means an approach in which an HIV test is | 7 | | offered to the patient, such that the patient is notified that | 8 | | HIV testing may occur unless the patient opts out by declining | 9 | | the test. | 10 | | "Third trimester" means the 27th week of pregnancy through | 11 | | delivery. | 12 | | (Source: P.A. 99-173, eff. 7-29-15.)
| 13 | | (410 ILCS 335/10)
| 14 | | Sec. 10. HIV counseling and offer of HIV testing required.
| 15 | | (a) Every health care professional who provides health care | 16 | | services to a
pregnant
woman including women identified as | 17 | | pregnant and being treated for other health conditions in an | 18 | | emergency setting, shall, unless the pregnant woman already has | 19 | | a documented negative HIV status she has already been tested | 20 | | during the third trimester of the current pregnancy, or is | 21 | | already documented to be HIV-positive, provide the pregnant | 22 | | woman with HIV counseling, as described in subpart (d) of this | 23 | | Section, and shall test the pregnant woman her for HIV on an | 24 | | opt-out basis unless she refuses . The counseling and testing or | 25 | | refusal of testing shall be documented in the pregnant woman's |
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| 1 | | medical record. A refusal may be verbal or in writing. | 2 | | A health care
professional shall
provide the first opt-out | 3 | | HIV testing counseling and
recommend the testing as early in | 4 | | the woman's pregnancy
as
possible. The health care professional | 5 | | providing health care services to a pregnant woman in the third | 6 | | trimester shall perform a second round of opt-out HIV testing, | 7 | | ideally by the 36th week of pregnancy, unless the pregnant | 8 | | woman already has a documented negative HIV status from the | 9 | | third trimester of the current pregnancy, or is already | 10 | | documented to be HIV-positive. For women at continued risk of | 11 | | exposure to HIV infection in the
judgment
of the health care | 12 | | professional, a repeat test should be recommended late in
| 13 | | pregnancy or at the time of labor and delivery. The
counseling | 14 | | and testing or refusal of testing
shall be documented in the | 15 | | woman's medical
record.
| 16 | | (b) Every health care professional or facility that cares | 17 | | for a pregnant woman
during
labor or delivery shall, unless the | 18 | | pregnant woman she has already has a documented negative HIV | 19 | | status from been tested during the third trimester of the | 20 | | current pregnancy, or is already documented to be HIV-positive, | 21 | | provide the pregnant woman with HIV counseling, as described in | 22 | | subpart (d) of this Section, and rapid opt-out
HIV
testing | 23 | | unless she refuses . The woman in labor or delivery may refuse | 24 | | the HIV test verbally or in writing. A refusal may be verbal or | 25 | | in writing. The counseling and testing or refusal of testing
| 26 | | shall be
documented in the laboring or delivering woman's |
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| 1 | | medical record. The health care facility shall adopt a policy | 2 | | that provides that as soon as possible within medical standards | 3 | | after the infant's birth, the delivering woman's mother's HIV | 4 | | test result, if available, shall be noted in the newborn | 5 | | infant's medical record. It shall also be noted in the newborn | 6 | | infant's medical record if the woman's third trimester mother's | 7 | | HIV test result is not available because the woman was not | 8 | | tested in the third trimester she has not been tested or has | 9 | | declined testing. Any testing or test results shall be
| 10 | | documented in accordance with the AIDS Confidentiality Act.
| 11 | | (c) Every health care professional or facility caring for a | 12 | | newborn infant
shall, upon
delivery or as soon as possible | 13 | | within medical standards after the infant's birth, provide
| 14 | | counseling as described in subsection (d) of this Section to | 15 | | the
parent or
guardian of the infant and perform rapid HIV | 16 | | testing on the infant, when the HIV status of the
infant's | 17 | | mother is unknown , or if the woman did not undergo HIV testing | 18 | | in the third trimester of the current pregnancy .
| 19 | | (d) The counseling required under this Section must be | 20 | | provided in
accordance with
the
AIDS Confidentiality Act and | 21 | | must include the following:
| 22 | | (1) For the health of the pregnant woman, the
voluntary | 23 | | nature of the testing, the benefits of HIV testing, | 24 | | including the
prevention of
transmission, and the | 25 | | requirement that HIV testing be performed unless the | 26 | | pregnant woman she refuses and the methods by which the |
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| 1 | | pregnant woman she can refuse.
| 2 | | (2)
The benefit of HIV testing for the pregnant woman | 3 | | herself and the newborn infant, including
interventions
to
| 4 | | prevent
HIV transmission.
| 5 | | (3)
The side effects of interventions to prevent HIV | 6 | | transmission.
| 7 | | (4)
The statutory confidentiality provisions that | 8 | | relate to HIV and
acquired
immune
deficiency syndrome | 9 | | ("AIDS") testing.
| 10 | | (5) The requirement for mandatory testing of the | 11 | | newborn if the pregnant woman's mother's HIV status during | 12 | | the third trimester of pregnancy is not documented and the | 13 | | pregnant woman was not rapidly tested for HIV at delivery | 14 | | unknown at the time of delivery . | 15 | | (6) An explanation of the test, including its purpose, | 16 | | limitations, and the meaning of its results. | 17 | | (7) An explanation of the procedures to be followed. | 18 | | (8) The availability of additional or confirmatory | 19 | | testing, if appropriate. Counseling may be provided in | 20 | | writing, verbally, or by video, electronic, or other means. | 21 | | The pregnant woman must be offered an opportunity to ask | 22 | | questions about testing and to decline testing for herself . | 23 | | (e) All counseling and testing must be performed in | 24 | | accordance with the
standards set forth in the AIDS | 25 | | Confidentiality Act, including the informed consent provisions | 26 | | of Sections 4, 7, and 8 of that Act, with the exception of
the |
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| 1 | | requirement of consent for testing of newborn infants. | 2 | | Consent for
testing of a newborn infant shall be presumed | 3 | | when a health care professional
or health care
facility seeks | 4 | | to perform a test on a newborn infant when the whose mother's | 5 | | HIV status of the woman who gave birth to the infant was
is not | 6 | | documented either in the third trimester of pregnancy or at | 7 | | delivery known , provided that the counseling required under | 8 | | subsection (d) of this Section and the AIDS Confidentiality Act
| 9 | | has taken place.
| 10 | | (f) The Illinois Department of Public Health shall adopt | 11 | | necessary rules to
implement this Act by July 1, 2008.
| 12 | | (Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08 .)
| 13 | | (410 ILCS 335/15) | 14 | | Sec. 15. Reporting. | 15 | | (a) Health A health care facilities facility shall adopt a | 16 | | policy that provides that a report of a preliminarily | 17 | | HIV-positive pregnant or post-partum woman identified by a | 18 | | rapid HIV test or woman and a report of a preliminarily | 19 | | HIV-exposed newborn infant identified by a rapid HIV test | 20 | | conducted during labor and delivery or after delivery shall be | 21 | | made to the Department's Perinatal HIV Hotline within 12 hours | 22 | | but not later than 24 hours of the test result after birth . | 23 | | Section 15 of the AIDS Confidentiality Act applies to reporting | 24 | | under this Act, except that the immunities set forth in that | 25 | | Section do not apply in cases of willful or wanton misconduct. |
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| 1 | | (b) The Department shall adopt rules specifying the | 2 | | information required in reporting the preliminarily | 3 | | HIV-positive pregnant or post-partum woman and preliminarily | 4 | | HIV-exposed newborn infant and the method of reporting. In | 5 | | adopting the rules, the Department shall consider the need for | 6 | | information, protections for the privacy and confidentiality | 7 | | of the infant and parents, the need to provide access to care | 8 | | and follow-up services to the infant, and procedures for | 9 | | destruction of records maintained by the Department if, through | 10 | | subsequent HIV testing, the pregnant or post-partum woman or | 11 | | newborn infant is found to be HIV-negative. | 12 | | (c) The confidentiality provisions of the AIDS | 13 | | Confidentiality Act shall apply to the reports of cases of | 14 | | perinatal HIV made pursuant to this Section. | 15 | | (d) Health care facilities shall monthly report aggregate | 16 | | statistics to the Department that include the number of | 17 | | pregnant or delivering women infected women who presented with | 18 | | known HIV status ; , the number of pregnant women rapidly tested | 19 | | for HIV in labor and delivery as either a first HIV test or a | 20 | | repeat third trimester HIV test; , the number of newborn infants | 21 | | rapidly tested for HIV-exposure because the HIV status of the | 22 | | woman was unknown in the third trimester, or the woman refused | 23 | | testing; , the number of preliminarily HIV-positive pregnant or | 24 | | women and preliminarily HIV-exposed newborn infants | 25 | | identified ; , the number of families referred to case | 26 | | management ; , and other information the Department determines |
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| 1 | | is necessary to measure progress under the provisions of this | 2 | | Act. Health care facilities must report the confirmatory test | 3 | | result when it becomes available for each preliminarily | 4 | | positive rapid HIV test performed on the pregnant woman and on | 5 | | a newborn.
| 6 | | (e) The Department or its authorized representative shall | 7 | | provide case management services to the preliminarily positive | 8 | | pregnant or post-partum woman or the parent or guardian of the | 9 | | preliminarily positive newborn infant to ensure access to | 10 | | treatment and care and other services where the pregnant or | 11 | | post-partum woman or the as appropriate if the parent or | 12 | | guardian of the newborn infant has consented to the services.
| 13 | | (f) Every health care facility caring for a newborn infant | 14 | | whose mother had been diagnosed HIV positive prior to labor and | 15 | | delivery shall report a case of perinatal HIV exposure in | 16 | | accordance with the HIV/AIDS Registry Act, the Illinois | 17 | | Sexually Transmissible Disease Control Act, and rules to be | 18 | | developed by the Department. If after 18 months from the date | 19 | | that the report was submitted, a newborn infant is determined | 20 | | to not have HIV or AIDS, the Department shall remove the | 21 | | newborn infant's name from all reports, records, and files | 22 | | collected or created under this subsection (f).
| 23 | | (Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08 .) | 24 | | (410 ILCS 335/30)
| 25 | | Sec. 30. Objections of parent or guardian to test. The |
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| 1 | | provisions of this Act requiring testing for HIV shall not | 2 | | apply when a parent or guardian of a child objects to HIV | 3 | | testing thereto on the grounds that the test conflicts with the | 4 | | parent's his or her religious tenets and practices. A written | 5 | | statement of the objection shall be presented to the physician | 6 | | or other person whose duty it is to administer and report the | 7 | | tests under the provisions of this Act.
| 8 | | (Source: P.A. 94-910, eff. 6-23-06.) | 9 | | (410 ILCS 335/35)
| 10 | | Sec. 35. Department report. The Department of Public Health | 11 | | shall prepare an annual report for the Governor and the General | 12 | | Assembly on the implementation of this Act that includes | 13 | | information on the number of HIV-positive pregnant women who | 14 | | presented with known HIV status, the number of pregnant women | 15 | | rapidly tested for HIV in labor and delivery, the number of | 16 | | newborn infants rapidly tested for HIV exposure, the number of | 17 | | preliminarily HIV-positive pregnant women and preliminarily | 18 | | HIV-exposed newborn infants identified, the confirmatory test | 19 | | result for each preliminarily positive rapid HIV test performed | 20 | | on the woman and newborn, the number of families referred to | 21 | | case management, and other information the Department | 22 | | determines is necessary to measure progress under the | 23 | | provisions of this Act. The Department shall assess the needs | 24 | | of health care professionals and facilities for ongoing | 25 | | training in implementation of the provisions of this Act and |
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| 1 | | make recommendations to improve the program.
| 2 | | (Source: P.A. 94-910, eff. 6-23-06.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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