Full Text of HB1759 95th General Assembly
HB1759ren 95TH GENERAL ASSEMBLY
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| AN ACT concerning public health.
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| WHEREAS, The majority of children who are infected with | 3 |
| human immunodeficiency virus (HIV) acquire the virus from their | 4 |
| mothers during pregnancy; and | 5 |
| WHEREAS, More than one million Americans are infected with | 6 |
| HIV, and 40,000 new cases of HIV occur each year; and | 7 |
| WHEREAS, More than one-quarter of persons with HIV do not | 8 |
| know they are infected and contribute to up to 70% of new cases | 9 |
| of HIV each year; and | 10 |
| WHEREAS, Pregnant women, particularly women of color, are | 11 |
| at high risk for acquiring HIV, but often do not know they | 12 |
| carry the risk of transmitting the virus to their newborns; and | 13 |
| WHEREAS, More than 99% of mother-to-newborn transmissions | 14 |
| of HIV can be prevented if a pregnant woman is tested for HIV | 15 |
| and treated with medications before the birth of her child; and | 16 |
| WHEREAS, National recommendations for preventing | 17 |
| mother-to-newborn HIV infection from authorities, including | 18 |
| the Institute of Medicine, the Centers for Disease Control and | 19 |
| Prevention, the American College of Obstetricians and | 20 |
| Gynecologists, the American Academy of Pediatrics, the | 21 |
| Presidential Advisory Council on HIV/AIDS, and the National |
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| Congress of Black Women, indicate that the most effective way | 2 |
| to prevent mother-to-newborn HIV transmission is through | 3 |
| routine prenatal testing of all pregnant women with the right | 4 |
| to refuse; and | 5 |
| WHEREAS, Nearly 300 babies have been born with HIV in | 6 |
| Illinois since 1994 since it was demonstrated that prenatal HIV | 7 |
| testing and treatment can prevent mother-to-newborn HIV | 8 |
| infection; and | 9 |
| WHEREAS, The earlier in a pregnancy a woman is identified | 10 |
| as having HIV, the greater the opportunity to provide her with | 11 |
| more effective care for herself and prevent transmission of HIV | 12 |
| to her newborn; and | 13 |
| WHEREAS, The public health will be served by expanding the | 14 |
| availability of informed, voluntary, and confidential HIV | 15 |
| testing and making HIV testing a routine part of general | 16 |
| medical care, as recommended by the United States Centers for | 17 |
| Disease Control and Prevention; therefore | 18 |
| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Perinatal HIV Prevention Act is amended by | 21 |
| changing Sections 10 and 15 as follows:
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| (410 ILCS 335/10)
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| Sec. 10. HIV counseling and offer of HIV testing required.
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| (a) Every health care professional who provides health care | 4 |
| services to a
pregnant
woman shall , unless she has already been | 5 |
| tested during the current pregnancy, provide the woman with HIV | 6 |
| counseling , as described in subpart (d) of this Section, and | 7 |
| shall test her for HIV unless she refuses. A refusal may be | 8 |
| verbal or in writing.
recommend HIV
testing, unless she has | 9 |
| already received an HIV test during pregnancy. HIV
testing | 10 |
| shall be provided with the woman's consent. A health care
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| professional shall
provide the counseling and
recommend the | 12 |
| testing as early in the woman's pregnancy
as
possible. For | 13 |
| women at continued risk of exposure to HIV infection in the
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| judgment
of the health care professional, a repeat test should | 15 |
| be recommended late in
pregnancy or at the time of labor and | 16 |
| delivery. The health care professional shall inform the | 17 |
| pregnant woman that, should she refuse HIV testing during | 18 |
| pregnancy, her newborn infant will be tested for HIV. The
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| counseling and testing or refusal of testing
recommendation of | 20 |
| testing shall be documented in the woman's medical
record.
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| (b) Every health care professional or facility that cares | 22 |
| for a pregnant
woman
during
labor or delivery shall , unless she | 23 |
| has already been tested during the current pregnancy, provide | 24 |
| the woman with HIV counseling , as described in subpart (d) of | 25 |
| this Section, and recommend
HIV
testing unless she refuses . A |
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| refusal may be verbal or in writing.
HIV
testing
shall be | 2 |
| provided with the woman's consent. No counseling or offer of | 3 |
| testing
is
required if
already provided during the woman's | 4 |
| pregnancy. The counseling and testing or refusal of testing
and | 5 |
| offer of testing shall be
documented in the woman's medical | 6 |
| record. The health care facility shall adopt a policy that | 7 |
| provides that as soon as possible within medical standards | 8 |
| after the infant's birth, the mother's HIV test result, if | 9 |
| available, shall be noted in the newborn infant's medical | 10 |
| record. It shall also be noted in the newborn infant's medical | 11 |
| record if the mother's HIV test result is not available because | 12 |
| she has not been tested or has declined testing. Any testing or | 13 |
| test results shall be
documented in accordance with the AIDS | 14 |
| Confidentiality Act.
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| (c) Every health care professional or facility caring for a | 16 |
| newborn infant
shall, upon
delivery or as soon as possible | 17 |
| within medical standards after the infant's birth, provide
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| counseling as described in subsection (d) of this Section to | 19 |
| the
parent or
guardian of the infant and perform rapid HIV | 20 |
| testing on the infant, when the HIV status of the
infant's | 21 |
| mother is unknown.
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| (d) The counseling required under this Section must be | 23 |
| provided in
accordance with
the
AIDS Confidentiality Act and | 24 |
| must include the following:
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| (1) For the health of the pregnant woman, the
voluntary | 26 |
| nature of the testing ,
and the benefits of HIV testing, |
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| including the
prevention of
transmission , and the | 2 |
| requirement that HIV testing be performed unless she | 3 |
| refuses and the methods by which she can refuse .
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| (2)
The benefit of HIV testing for herself and the | 5 |
| newborn infant, including
interventions
to
prevent
HIV | 6 |
| transmission.
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| (3)
The side effects of interventions to prevent HIV | 8 |
| transmission.
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| (4)
The statutory confidentiality provisions that | 10 |
| relate to HIV and
acquired
immune
deficiency syndrome | 11 |
| ("AIDS") testing.
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| (5) The requirement for mandatory testing of the | 13 |
| newborn if the mother's HIV status is unknown at the time | 14 |
| 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 woman must be offered an opportunity to ask questions | 22 |
| 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 written informed consent | 26 |
| provisions of Sections 4, 7, and 8 of that Act, with the |
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| exception of
the requirement of consent for testing of newborn | 2 |
| infants. | 3 |
| Consent for
testing of a newborn infant shall be presumed | 4 |
| when a health care professional
or health care
facility seeks | 5 |
| to perform a test on a newborn infant whose mother's HIV status
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| is not known, provided that the counseling required under | 7 |
| subsection (d) of this Section and the AIDS Confidentiality Act
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| has taken place.
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| (f) The Illinois Department of Public Health shall adopt | 10 |
| necessary rules to
implement this Act by July 1, 2008 .
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| (Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)
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| (410 ILCS 335/15) | 13 |
| Sec. 15. Reporting. | 14 |
| (a) A health care facility shall adopt a policy that | 15 |
| provides that a report of a preliminarily HIV-positive woman | 16 |
| and a 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 24 hours after birth. Section 15 | 20 |
| of the AIDS Confidentiality Act applies to reporting under this | 21 |
| Act, except that the immunities set forth in that Section do | 22 |
| not apply in cases of willful or wanton misconduct. | 23 |
| (b) The Department shall adopt rules specifying the | 24 |
| information required in reporting the preliminarily | 25 |
| HIV-positive woman and preliminarily HIV-exposed newborn |
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| infant and the method of reporting. In adopting the rules, the | 2 |
| Department shall consider the need for information, | 3 |
| protections for the privacy and confidentiality of the infant | 4 |
| and parents, the need to provide access to care and follow-up | 5 |
| services to the infant, and procedures for destruction of | 6 |
| records maintained by the Department if, through subsequent HIV | 7 |
| testing, the woman or newborn infant is found to be | 8 |
| HIV-negative. | 9 |
| (c) The confidentiality provisions of the AIDS | 10 |
| Confidentiality Act shall apply to the reports of cases of | 11 |
| perinatal HIV made pursuant to this Section. | 12 |
| (d) Health care facilities shall monthly report aggregate | 13 |
| statistics to the Department that include the number of | 14 |
| infected women who presented with known HIV status, the number | 15 |
| of pregnant women rapidly tested for HIV in labor and delivery, | 16 |
| the number of newborn infants rapidly tested for HIV-exposure, | 17 |
| the number of preliminarily HIV-positive pregnant women and | 18 |
| preliminarily HIV-exposed newborn infants identified, the | 19 |
| number of families referred to case management, and other | 20 |
| information the Department determines is necessary to measure | 21 |
| progress under the provisions of this Act. Health care | 22 |
| facilities must report the confirmatory test result when it | 23 |
| becomes available for each preliminarily positive rapid HIV | 24 |
| test performed on the woman and newborn.
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| (e) The Department or its authorized representative shall | 26 |
| provide case management services to the preliminarily positive |
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| pregnant woman or the parent or guardian of the preliminarily | 2 |
| positive newborn infant to ensure access to treatment and care | 3 |
| and other services as appropriate if the parent or guardian has | 4 |
| consented to the services.
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| (f) Every health care facility caring for a newborn infant | 6 |
| whose mother had been diagnosed HIV positive prior to labor and | 7 |
| delivery shall report a case of perinatal HIV exposure in | 8 |
| accordance with the HIV/AIDS Registry Act, the Illinois | 9 |
| Sexually Transmissible Disease Control Act, and rules to be | 10 |
| developed by the Department. If after 18 months from the date | 11 |
| that the report was submitted, a newborn infant is determined | 12 |
| to not have HIV or AIDS, the Department shall remove the | 13 |
| newborn infant's name from all reports, records, and files | 14 |
| collected or created under this subsection (f).
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| (Source: P.A. 94-910, eff. 6-23-06.)
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