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90_HB3062
410 ILCS 305/7 from Ch. 111 1/2, par. 7307
Amends the AIDS Confidentiality Act. Provides that
written informed consent is not required for a health care
provider or health facility to perform a test when a teacher
is involved in a direct skin or mucous membrane contact with
the blood or bodily fluids of a student that is of a nature
that may transmit HIV and that contact is intentional on the
part of the student. Requires that teachers and others for
whom written informed consent is not required be informed of
a positive test result. Effective immediately.
LRB9009631DJcd
LRB9009631DJcd
1 AN ACT to amend the AIDS Confidentiality Act by changing
2 Section 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The AIDS Confidentiality Act is amended by
6 changing Section 7 as follows:
7 (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
8 Sec. 7. (a) Notwithstanding the provisions of Sections
9 4, 5 and 6 of this Act, written informed consent is not
10 required for a health care provider or health facility to
11 perform a test when the health care provider or health
12 facility procures, processes, distributes or uses a human
13 body part donated for a purpose specified under the Uniform
14 Anatomical Gift Act, or semen provided prior to the effective
15 date of this Act for the purpose of artificial insemination,
16 and such a test is necessary to assure medical acceptability
17 of such gift or semen for the purposes intended.
18 (b) Written informed consent is not required for a
19 health care provider or health facility to perform a test
20 when a health care provider or employee of a health facility,
21 or a firefighter or an EMT-A, EMT-I or EMT-P, is involved in
22 an accidental direct skin or mucous membrane contact with the
23 blood or bodily fluids of an individual which is of a nature
24 that may transmit HIV, as determined by a physician in his
25 medical judgment. Written informed consent also is not
26 required for a health care provider or health facility to
27 perform a test when a teacher, as defined in Section 24-11 of
28 the School Code, is involved in a direct skin or mucous
29 membrane contact with the blood or bodily fluids of a student
30 that is of a nature that may transmit HIV, as determined by a
31 physician in his or her medical judgment, and that contact is
-2- LRB9009631DJcd
1 intentional on the part of the student. Should such test
2 prove to be positive, the patient and the health care
3 provider, health facility employee, firefighter, EMT-A,
4 EMT-I, or EMT-P, or teacher shall be informed that the test
5 proved positive and shall be provided appropriate counseling
6 consistent with this Act.
7 (c) Written informed consent is not required for a
8 health care provider or health facility to perform a test
9 when a law enforcement officer is involved in the line of
10 duty in a direct skin or mucous membrane contact with the
11 blood or bodily fluids of an individual which is of a nature
12 that may transmit HIV, as determined by a physician in his
13 medical judgment. Should such test prove to be positive, the
14 patient shall be provided appropriate counseling consistent
15 with this Act. For purposes of this subsection (c), "law
16 enforcement officer" means any person employed by the State,
17 a county or a municipality as a policeman, peace officer,
18 auxiliary policeman, correctional officer or in some like
19 position involving the enforcement of the law and protection
20 of the public interest at the risk of that person's life.
21 (Source: P.A. 86-887; 86-891; 86-1028; 87-459.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.