(410 ILCS 335/10)
Sec. 10. HIV counseling and offer of HIV testing required.
(a) Every health care professional who provides health care services to a
pregnant
woman shall, unless she already has a negative HIV status during the third trimester of the current pregnancy, or is already HIV-positive, provide the woman with HIV counseling, as described in subpart (d) of this Section, and shall test her for HIV on an opt-out basis unless she refuses. The counseling and testing or refusal of testing shall comply with the requirements for informed consent in the AIDS Confidentiality Act and be documented in the pregnant woman's medical record as required by the AIDS Confidentiality Act. A health care
professional shall
provide the first opt-out HIV testing as early in the woman's pregnancy
as
possible. The health care professional providing health care services to a pregnant woman in the third trimester shall perform a second round of opt-out HIV testing, ideally by the 36th week of pregnancy, unless the pregnant woman already has a negative HIV status from the third trimester of the current pregnancy, or is already HIV-positive.
(b) Every health care professional or facility that cares for a pregnant
woman
during
labor or delivery shall, unless she already has a negative HIV status from the third trimester of the current pregnancy, or is already HIV-positive, provide the woman with HIV counseling, as described in subpart (d) of this Section, and rapid opt-out
HIV
testing. The woman in labor or delivery may refuse the HIV test verbally or in writing. The counseling and testing or refusal of testing
shall be
documented in the laboring or delivering woman's medical record. The health care facility shall adopt a policy that provides that as soon as possible within medical standards after the infant's birth, the delivering mother's HIV test result, if available, shall be noted in the newborn infant's medical record. It shall also be noted in the newborn infant's medical record if the mother's third trimester HIV test result is not available because she was not tested in the third trimester or has declined testing. Any testing or test results shall be
documented in accordance with the AIDS Confidentiality Act.
(c) Every health care professional or facility caring for a newborn infant
shall, upon
delivery or as soon as possible within medical standards after the infant's birth, provide
counseling as described in subsection (d) of this Section to the
parent or
guardian of the infant and perform rapid HIV testing on the infant, when the HIV status of the
infant's mother is unknown, or if the delivering woman did not undergo HIV testing in the third trimester of the current pregnancy.
(d) The counseling required under this Section must be provided in
accordance with
the
AIDS Confidentiality Act and must include the following:
(1) For the health of the pregnant woman, the |
| voluntary nature of the testing, the benefits of HIV testing, including the prevention of transmission, and the requirement that HIV testing be performed unless she refuses and the methods by which she can refuse.
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(2) The benefit of HIV testing for herself and the
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| newborn infant, including interventions to prevent HIV transmission.
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(3) The side effects of interventions to prevent HIV
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(4) The statutory confidentiality provisions that
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| relate to HIV and acquired immune deficiency syndrome ("AIDS") testing.
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(5) The requirement for mandatory testing of the
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| newborn if the mother's HIV status during the third trimester of pregnancy is unknown and if the mother was not rapidly tested for HIV at delivery.
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(6) An explanation of the test, including its
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| purpose, limitations, and the meaning of its results.
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(7) An explanation of the procedures to be followed.
(8) The availability of additional or confirmatory
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| testing, if appropriate. Counseling may be provided in writing, verbally, or by video, electronic, or other means. The pregnant or delivering woman must be offered an opportunity to ask questions about testing and to decline testing.
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(e) All counseling and testing must be performed in accordance with the
standards set forth in the AIDS Confidentiality Act, including the 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.
Consent for
testing of a newborn infant shall be presumed when a health care professional
or health care
facility seeks to perform a test on a newborn infant whose mother's HIV status
is not known either in the third trimester of pregnancy or at delivery, provided that the counseling required under subsection (d) of this Section and the AIDS Confidentiality Act
has taken place.
(f) The Illinois Department of Public Health shall adopt necessary rules to
implement this Act by July 1, 2008.
(Source: P.A. 100-265, eff. 8-22-17.)
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(410 ILCS 335/15) Sec. 15. Reporting. (a) Health care facilities shall adopt a policy that provides that a report of a preliminarily HIV-positive woman identified by a rapid HIV test or a report of a preliminarily HIV-exposed newborn infant identified by a rapid HIV test shall be made to the Department's Perinatal HIV Hotline within 12 hours but not later than 24 hours of the test result. Section 15 of the AIDS Confidentiality Act applies to reporting under this Act, except that the immunities set forth in that Section do not apply in cases of willful or wanton misconduct. (b) The Department shall adopt rules specifying the information required in reporting the preliminarily HIV-positive pregnant or post-partum woman and preliminarily HIV-exposed newborn infant and the method of reporting. In adopting the rules, the Department shall consider the need for information, protections for the privacy and confidentiality of the infant and parents, the need to provide access to care and follow-up services to the infant, and procedures for destruction of records maintained by the Department if, through subsequent HIV testing, the pregnant or post-partum woman or newborn infant is found to be HIV-negative. (c) The confidentiality provisions of the AIDS Confidentiality Act shall apply to the reports of cases of perinatal HIV made pursuant to this Section. (d) Health care facilities shall monthly report aggregate statistics to the Department that include the number of pregnant or delivering women who presented with known HIV status; the number of pregnant women rapidly tested for HIV in labor and delivery as either a first HIV test or a repeat third trimester HIV test; the number of newborn infants rapidly tested for HIV-exposure because the HIV status of the delivering woman was unknown in the third trimester, or the delivering woman refused testing; the number of preliminarily HIV-positive pregnant or delivering women and preliminarily HIV-exposed newborn infants identified; the number of families referred to case management; and other information the Department determines is necessary to measure progress under the provisions of this Act. Health care facilities must report the confirmatory test result when it becomes available for each preliminarily positive rapid HIV test performed on the pregnant or delivering woman and on a newborn. (e) The Department or its authorized representative shall provide case management services to the preliminarily positive pregnant or post-partum woman or the parent or guardian of the preliminarily positive newborn infant to ensure access to treatment and care and other services where the pregnant or post-partum woman or the parent or guardian of the newborn infant has consented to the services. (f) Every health care facility caring for a newborn infant whose mother had been diagnosed HIV positive prior to labor and delivery shall report a case of perinatal HIV exposure in accordance with the HIV/AIDS Registry Act, the Illinois Sexually Transmitted Infection Control Act, and rules to be developed by the Department. If after 18 months from the date that the report was submitted, a newborn infant is determined to not have HIV or AIDS, the Department shall remove the newborn infant's name from all reports, records, and files collected or created under this subsection (f). (Source: P.A. 103-1049, eff. 8-9-24.) |