Full Text of HB2800 100th General Assembly
HB2800ham002 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 | | "Birth center" means a facility licensed by the Department | 9 | | under paragraph (6) of Section 35 of the Alternative Health | 10 | | Care Delivery Act. | 11 | | "Department" means the Department of Public Health.
| 12 | | "Health care professional" means a physician licensed to | 13 | | practice
medicine in all its branches, a licensed physician | 14 | | assistant, or a licensed
advanced
practice nurse.
| 15 | | "Health care facility" or "facility" means any hospital , | 16 | | birth center, or other
institution that is licensed or |
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| 1 | | otherwise authorized to deliver health care
services.
| 2 | | "Health care services" means any prenatal medical care or | 3 | | labor or
delivery services to a pregnant woman and her newborn | 4 | | infant, including
hospitalization.
| 5 | | "Opt-out testing" means an approach in which an HIV test is | 6 | | offered to the patient, such that the patient is notified that | 7 | | HIV testing may occur unless the patient opts out by declining | 8 | | the test. | 9 | | "Third trimester" means the 27th week of pregnancy through | 10 | | delivery. | 11 | | (Source: P.A. 99-173, eff. 7-29-15.)
| 12 | | (410 ILCS 335/10)
| 13 | | Sec. 10. HIV counseling and offer of HIV testing required.
| 14 | | (a) Every health care professional who provides health care | 15 | | services to a
pregnant
woman shall, unless she already has a | 16 | | documented negative HIV status has already been tested during | 17 | | the third trimester of the current pregnancy, or is already | 18 | | documented to be HIV-positive, provide the woman with HIV | 19 | | counseling, as described in subpart (d) of this Section, and | 20 | | shall test her for HIV on an opt-out basis unless she refuses. | 21 | | The counseling and testing or refusal of testing shall comply | 22 | | with the requirements for informed consent in the AIDS | 23 | | Confidentiality Act and be documented in the pregnant woman's | 24 | | medical record as required by the AIDS Confidentiality Act. A | 25 | | refusal may be verbal or in writing. |
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| 1 | | A health care
professional shall
provide the first opt-out | 2 | | HIV testing counseling and
recommend the testing as early in | 3 | | the woman's pregnancy
as
possible. The health care professional | 4 | | providing health care services to a pregnant woman in the third | 5 | | trimester shall perform a second round of opt-out HIV testing, | 6 | | ideally by the 36th week of pregnancy, unless the pregnant | 7 | | woman already has a documented negative HIV status from the | 8 | | third trimester of the current pregnancy, or is already | 9 | | documented to be HIV-positive. For women at continued risk of | 10 | | exposure to HIV infection in the
judgment
of the health care | 11 | | professional, a repeat test should be recommended late in
| 12 | | pregnancy or at the time of labor and delivery. The
counseling | 13 | | and testing or refusal of testing
shall be documented in the | 14 | | woman's medical
record.
| 15 | | (b) Every health care professional or facility that cares | 16 | | for a pregnant
woman
during
labor or delivery shall, unless she | 17 | | has already has a documented negative HIV status from been | 18 | | tested during the third trimester of the current pregnancy, or | 19 | | is already documented to be HIV-positive, provide the woman | 20 | | with HIV counseling, as described in subpart (d) of this | 21 | | Section, and rapid opt-out
HIV
testing unless she refuses . The | 22 | | woman in labor or delivery may refuse the HIV test verbally or | 23 | | in writing. A refusal may be verbal or in writing. The | 24 | | counseling and testing or refusal of testing
shall be
| 25 | | documented in the laboring or delivering woman's medical | 26 | | record. The health care facility shall adopt a policy that |
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| 1 | | provides that as soon as possible within medical standards | 2 | | after the infant's birth, the delivering mother's HIV test | 3 | | result, if available, shall be noted in the newborn infant's | 4 | | medical record. It shall also be noted in the newborn infant's | 5 | | medical record if the mother's third trimester HIV test result | 6 | | is not available because she was not tested in the third | 7 | | trimester has not been tested or has declined testing. Any | 8 | | testing or test results shall be
documented in accordance with | 9 | | the AIDS Confidentiality Act.
| 10 | | (c) Every health care professional or facility caring for a | 11 | | newborn infant
shall, upon
delivery or as soon as possible | 12 | | within medical standards after the infant's birth, provide
| 13 | | counseling as described in subsection (d) of this Section to | 14 | | the
parent or
guardian of the infant and perform rapid HIV | 15 | | testing on the infant, when the HIV status of the
infant's | 16 | | mother is unknown , or if the delivering woman did not undergo | 17 | | HIV testing in the third trimester of the current pregnancy .
| 18 | | (d) The counseling required under this Section must be | 19 | | provided in
accordance with
the
AIDS Confidentiality Act and | 20 | | must include the following:
| 21 | | (1) For the health of the pregnant woman, the
voluntary | 22 | | nature of the testing, the benefits of HIV testing, | 23 | | including the
prevention of
transmission, and the | 24 | | requirement that HIV testing be performed unless she | 25 | | refuses and the methods by which she can refuse.
| 26 | | (2)
The benefit of HIV testing for herself and the |
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| 1 | | newborn infant, including
interventions
to
prevent
HIV | 2 | | transmission.
| 3 | | (3)
The side effects of interventions to prevent HIV | 4 | | transmission.
| 5 | | (4)
The statutory confidentiality provisions that | 6 | | relate to HIV and
acquired
immune
deficiency syndrome | 7 | | ("AIDS") testing.
| 8 | | (5) The requirement for mandatory testing of the | 9 | | newborn if the mother's HIV status during the third | 10 | | trimester of pregnancy is not documented and the mother was | 11 | | not rapidly tested for HIV at delivery unknown at the time | 12 | | of delivery . | 13 | | (6) An explanation of the test, including its purpose, | 14 | | limitations, and the meaning of its results. | 15 | | (7) An explanation of the procedures to be followed. | 16 | | (8) The availability of additional or confirmatory | 17 | | testing, if appropriate. Counseling may be provided in | 18 | | writing, verbally, or by video, electronic, or other means. | 19 | | The pregnant or delivering woman must be offered an | 20 | | opportunity to ask questions about testing and to decline | 21 | | testing for herself . | 22 | | (e) All counseling and testing must be performed in | 23 | | accordance with the
standards set forth in the AIDS | 24 | | Confidentiality Act, including the informed consent provisions | 25 | | of Sections 4, 7, and 8 of that Act, with the exception of
the | 26 | | requirement of consent for testing of newborn infants. |
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| 1 | | Consent for
testing of a newborn infant shall be presumed | 2 | | when a health care professional
or health care
facility seeks | 3 | | to perform a test on a newborn infant whose mother's HIV status
| 4 | | is not documented either in the third trimester of pregnancy or | 5 | | at delivery known , provided that the counseling required under | 6 | | subsection (d) of this Section and the AIDS Confidentiality Act
| 7 | | has taken place.
| 8 | | (f) The Illinois Department of Public Health shall adopt | 9 | | necessary rules to
implement this Act by July 1, 2008.
| 10 | | (Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08 .)
| 11 | | (410 ILCS 335/15) | 12 | | Sec. 15. Reporting. | 13 | | (a) Health A health care facilities facility shall adopt a | 14 | | policy that provides that a report of a preliminarily | 15 | | HIV-positive woman identified by a rapid HIV test or and a | 16 | | report of a preliminarily HIV-exposed newborn infant | 17 | | identified by a rapid HIV test conducted during labor and | 18 | | delivery or after delivery shall be made to the Department's | 19 | | Perinatal HIV Hotline within 12 hours but not later than 24 | 20 | | hours of the test result after birth . Section 15 of the AIDS | 21 | | Confidentiality Act applies to reporting under this Act, except | 22 | | that the immunities set forth in that Section do not apply in | 23 | | cases of willful or wanton misconduct. | 24 | | (b) The Department shall adopt rules specifying the | 25 | | information required in reporting the preliminarily |
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| 1 | | HIV-positive pregnant or post-partum woman and preliminarily | 2 | | HIV-exposed newborn infant and the method of reporting. In | 3 | | adopting the rules, the Department shall consider the need for | 4 | | information, protections for the privacy and confidentiality | 5 | | of the infant and parents, the need to provide access to care | 6 | | and follow-up services to the infant, and procedures for | 7 | | destruction of records maintained by the Department if, through | 8 | | subsequent HIV testing, the pregnant or post-partum woman or | 9 | | newborn infant is found to be HIV-negative. | 10 | | (c) The confidentiality provisions of the AIDS | 11 | | Confidentiality Act shall apply to the reports of cases of | 12 | | perinatal HIV made pursuant to this Section. | 13 | | (d) Health care facilities shall monthly report aggregate | 14 | | statistics to the Department that include the number of | 15 | | pregnant or delivering infected women who presented with known | 16 | | HIV status ; , the number of pregnant women rapidly tested for | 17 | | HIV in labor and delivery as either a first HIV test or a | 18 | | repeat third trimester HIV test; , the number of newborn infants | 19 | | rapidly tested for HIV-exposure because the HIV status of the | 20 | | delivering woman was unknown in the third trimester, or the | 21 | | delivering woman refused testing; , the number of preliminarily | 22 | | HIV-positive pregnant or delivering women and preliminarily | 23 | | HIV-exposed newborn infants identified ; , the number of | 24 | | families referred to case management ; , and other information | 25 | | the Department determines is necessary to measure progress | 26 | | under the provisions of this Act. Health care facilities must |
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| 1 | | report the confirmatory test result when it becomes available | 2 | | for each preliminarily positive rapid HIV test performed on the | 3 | | pregnant or delivering woman and on a newborn.
| 4 | | (e) The Department or its authorized representative shall | 5 | | provide case management services to the preliminarily positive | 6 | | pregnant or post-partum woman or the parent or guardian of the | 7 | | preliminarily positive newborn infant to ensure access to | 8 | | treatment and care and other services where the pregnant or | 9 | | post-partum woman or the as appropriate if the parent or | 10 | | guardian of the newborn infant has consented to the services.
| 11 | | (f) Every health care facility caring for a newborn infant | 12 | | whose mother had been diagnosed HIV positive prior to labor and | 13 | | delivery shall report a case of perinatal HIV exposure in | 14 | | accordance with the HIV/AIDS Registry Act, the Illinois | 15 | | Sexually Transmissible Disease Control Act, and rules to be | 16 | | developed by the Department. If after 18 months from the date | 17 | | that the report was submitted, a newborn infant is determined | 18 | | to not have HIV or AIDS, the Department shall remove the | 19 | | newborn infant's name from all reports, records, and files | 20 | | collected or created under this subsection (f).
| 21 | | (Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08 .) | 22 | | (410 ILCS 335/30)
| 23 | | Sec. 30. Objections of parent or guardian to test. The | 24 | | provisions of this Act requiring testing for HIV shall not | 25 | | apply when a parent or guardian of a child objects to HIV |
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| 1 | | testing thereto on the grounds that the test conflicts with the | 2 | | parent's his or her religious tenets and practices. A written | 3 | | statement of the objection shall be presented to the physician | 4 | | or other person whose duty it is to administer and report the | 5 | | tests under the provisions of this Act.
| 6 | | (Source: P.A. 94-910, eff. 6-23-06.) | 7 | | (410 ILCS 335/35)
| 8 | | Sec. 35. Department report. The Department of Public Health | 9 | | shall prepare an annual report for the Governor and the General | 10 | | Assembly on the implementation of this Act that includes | 11 | | information on the number of HIV-positive pregnant women who | 12 | | presented with known HIV status, the number of pregnant women | 13 | | rapidly tested for HIV in labor and delivery, the number of | 14 | | newborn infants rapidly tested for HIV exposure, the number of | 15 | | preliminarily HIV-positive pregnant women and preliminarily | 16 | | HIV-exposed newborn infants identified, the confirmatory test | 17 | | result for each preliminarily positive rapid HIV test performed | 18 | | on the woman and newborn, the number of families referred to | 19 | | case management, and other information the Department | 20 | | determines is necessary to measure progress under the | 21 | | provisions of this Act. The Department shall assess the needs | 22 | | of health care professionals and facilities for ongoing | 23 | | training in implementation of the provisions of this Act and | 24 | | make recommendations to improve the program.
| 25 | | (Source: P.A. 94-910, eff. 6-23-06.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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