(210 ILCS 25/7-115) (from Ch. 111 1/2, par. 627-115)
Sec. 7-115.
HIV testing; rules.
(a) The Department shall by rule provide for the testing of blood for
evidence of exposure to the human immunodeficiency virus (HIV) and any
other identified causative agent of acquired immunodeficiency syndrome
(AIDS). These rules shall require the disposal of any blood showing
evidence of exposure to HIV or any other identified causative agent of
AIDS, unless a research facility requests, in writing, the use of this
blood for AIDS research. The rules shall also provide for the personal and
confidential notification of the donor if the tests required by the
Department yield a positive result. No person shall incur any civil or
criminal liability for making this notification, if it is made in good
faith and in accordance with the rules of the Department.
(b) No blood may be withdrawn from any individual in this State for
transfusion or industrial use without (i) giving the individual notice that
the blood withdrawn will be subjected to testing for evidence of exposure
to the causative agent of AIDS and (ii) giving the individual an
opportunity to refuse to consent to the withdrawal of blood.
(c) In a medical emergency constituting an imminent threat to the life
of a potential transfusion recipient, if blood that has been subjected to
the testing required under subsection (a) is not available, the testing and
notification requirements of subsections (a) and (b) shall not apply.
(Source: P.A. 87-1269.)
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