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90_SB0834
New Act
775 ILCS 5/1-103 from Ch. 68, par. 1-103
Creates the HIV Pregnancy Screening Act. Provides that
health care providers caring for pregnant women must provide
information and counseling regarding HIV, the advantages of
being tested as soon as possible in the course of pregnancy,
and the reduced rate of transmission of HIV to the newborn if
the woman receives treatment during pregnancy. Gives each
woman the right to consent to or refuse testing for HIV.
Provides that HIV testing is confidential, may be anonymous,
and that the woman's care will not be altered because of her
decision regarding testing. Directs health care providers to
arrange HIV testing as early as possible for pregnant
patients who consent. Requires the health care provider to
document that material was distributed and whether consent
for HIV testing was obtained or refused. Requires counseling
and information and the opportunity for testing for women who
present for delivery without having been tested. Specifies
procedures at the time of communicating a positive test
result to a pregnant woman or new mother. Requires
counselors to assist women in obtaining access to an
appropriate comprehensive clinical care facility. Requires
reporting to the Illinois Department of Public Health and
directs the Department to publish reports and provide
guidelines and information. Amends the Illinois Human Rights
Act. Specifically includes human immunodeficiency virus as a
disease from which a number of conditions may result which
meet the definition of "handicap" under the Act.
LRB9003342SMdv
LRB9003342SMdv
1 AN ACT concerning human immunodeficiency virus.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 HIV Pregnancy Screening Act.
6 Section 5. Purpose. The purpose of this Act is to
7 require all providers of health care services to counsel
8 pregnant women and make testing available to those who
9 consent, except in cases where women refuse testing, for
10 human immunodeficiency virus (HIV), to provide counseling for
11 those women who test positive, and to facilitate access to
12 comprehensive clinical services.
13 Section 10. Testing and counseling.
14 (a) A provider of health care services to pregnant women
15 shall counsel each pregnant woman in his or her care, as
16 early as possible in the course of the pregnancy, with
17 written material or videos that explain and provide
18 information on:
19 (1) The nature of the human immunodeficiency virus
20 (HIV).
21 (2) The methods by which HIV infection can be
22 transmitted and prevented.
23 (3) The advantages of being tested for HIV
24 infection as early as possible in the course of the
25 pregnancy.
26 (4) The medical treatment available to treat HIV
27 infection if diagnosed.
28 (5) The reduced rate of transmission of HIV to the
29 newborn if an HIV-infected pregnant woman receives
30 treatment for the HIV infection during pregnancy.
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1 (6) The reliability of tests for HIV infection.
2 (7) The confidentiality of test results and the
3 woman's right to refuse HIV testing, the availability of
4 anonymous testing, and assurance that her care will not
5 be altered by her decision.
6 (b) A health care provider shall test or refer for
7 testing each pregnant woman under his or her care who
8 consents to testing for HIV as early as possible in the
9 course of the pregnancy, after having received the counseling
10 and information specified in subsection (a).
11 (c) The provider shall document in the medical record
12 that written or video material was distributed and whether
13 the form indicating consent or refusal of HIV testing was
14 obtained.
15 (d) A pregnant woman who presents for delivery and who
16 has not been tested for HIV during the course of the
17 pregnancy shall be given the counseling and information
18 specified in subsection (a) as soon as may be medically
19 appropriate and be given the opportunity to be tested after
20 receiving that counseling and information.
21 (e) All HIV testing performed under this Act shall be
22 done in a confidential manner. The results of the testing
23 shall be disclosed only as provided in the AIDS
24 Confidentiality Act.
25 (f) After receiving a positive HIV test result from a
26 testing laboratory, the health care provider shall counsel
27 the pregnant woman or new mother or arrange for a counselor
28 who is competent in counseling pregnant women and new mothers
29 with HIV infection. The counselor shall (1) explain the
30 meaning and reliability of the test results and the
31 availability of additional or confirmatory testing, if
32 appropriate; (2) initiate supportive intervention for the
33 affected woman; (3) counsel the woman to obtain appropriate
34 medical treatment for herself and her baby to prevent
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1 progression of illness in the mother and reduce the
2 possibility of transmission of HIV to her child; and (4)
3 assist the woman in obtaining access to a comprehensive
4 clinical care facility that can meet her needs.
5 Section 15. Statistical reports; IDPH guidelines.
6 (a) Each health care provider having pregnant women
7 under his or her care shall report to the Illinois Department
8 of Public Health on a monthly basis the total number of women
9 under his or her care who were tested for HIV under Section
10 10 and the total number of those women who tested positive.
11 The reports shall be made on forms prescribed by the
12 Department.
13 Each month the Department shall compile the reports and
14 publish the total number of women tested and the total number
15 of women testing positive in the previous month for the
16 entire State, and for each county.
17 (b) The Illinois Department of Public Health shall make
18 available to all health care providers in this State
19 guidelines and information regarding the recommended content
20 of the written materials, the consent form, and counseling
21 referred to in this Act.
22 Section 90. The Illinois Human Rights Act is amended by
23 changing Section 1-103 as follows:
24 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
25 Sec. 1-103. General Definitions. When used in this Act,
26 unless the context requires otherwise, the term:
27 (A) Age. "Age" means the chronological age of a person
28 who is at least 40 years old, except with regard to any
29 practice described in Section 2-102, insofar as that practice
30 concerns training or apprenticeship programs. In the case of
31 training or apprenticeship programs, for the purposes of
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1 Section 2-102, "age" means the chronological age of a person
2 who is 18 but not yet 40 years old.
3 (B) Aggrieved Party. "Aggrieved party" means a person
4 who is alleged or proved to have been injured by a civil
5 rights violation or believes he or she will be injured by a
6 civil rights violation under Article 3 that is about to
7 occur.
8 (C) Charge. "Charge" means an allegation filed with the
9 Department by an aggrieved party or initiated by the
10 Department under its authority.
11 (D) Civil Rights Violation. "Civil rights violation"
12 includes and shall be limited to only those specific acts set
13 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
14 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
15 Act.
16 (E) Commission. "Commission" means the Human Rights
17 Commission created by this Act.
18 (F) Complaint. "Complaint" means the formal pleading
19 filed by the Department with the Commission following an
20 investigation and finding of substantial evidence of a civil
21 rights violation.
22 (G) Complainant. "Complainant" means a person including
23 the Department who files a charge of civil rights violation
24 with the Department or the Commission.
25 (H) Department. "Department" means the Department of
26 Human Rights created by this Act.
27 (I) Handicap. "Handicap" means a determinable physical
28 or mental characteristic of a person, including, but not
29 limited to, a determinable physical characteristic which
30 necessitates the person's use of a guide, hearing or support
31 dog, the history of such characteristic, or the perception of
32 such characteristic by the person complained against, which
33 may result from disease, including human immunodeficiency
34 virus, injury, congenital condition of birth or functional
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1 disorder and which characteristic:
2 (1) For purposes of Article 2 is unrelated to the
3 person's ability to perform the duties of a particular
4 job or position and, pursuant to Section 2-104 of this
5 Act, a person's illegal use of drugs or alcohol is not a
6 handicap;
7 (2) For purposes of Article 3, is unrelated to the
8 person's ability to acquire, rent or maintain a housing
9 accommodation;
10 (3) For purposes of Article 4, is unrelated to a
11 person's ability to repay;
12 (4) For purposes of Article 5, is unrelated to a
13 person's ability to utilize and benefit from a place of
14 public accommodation.
15 (J) Marital Status. "Marital status" means the legal
16 status of being married, single, separated, divorced or
17 widowed.
18 (J-1) Military Status. "Military status" means a
19 person's status on active duty in the armed forces of the
20 United States.
21 (K) National Origin. "National origin" means the place
22 in which a person or one of his or her ancestors was born.
23 (L) Person. "Person" includes one or more individuals,
24 partnerships, associations or organizations, labor
25 organizations, labor unions, joint apprenticeship committees,
26 or union labor associations, corporations, the State of
27 Illinois and its instrumentalities, political subdivisions,
28 units of local government, legal representatives, trustees in
29 bankruptcy or receivers.
30 (M) Public Contract. "Public contract" includes every
31 contract to which the State, any of its political
32 subdivisions or any municipal corporation is a party.
33 (N) Religion. "Religion" includes all aspects of
34 religious observance and practice, as well as belief, except
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1 that with respect to employers, for the purposes of Article
2 2, "religion" has the meaning ascribed to it in paragraph (F)
3 of Section 2-101.
4 (O) Sex. "Sex" means the status of being male or female.
5 (P) Unfavorable Military Discharge. "Unfavorable
6 military discharge" includes discharges from the Armed Forces
7 of the United States, their Reserve components or any
8 National Guard or Naval Militia which are classified as RE-3
9 or the equivalent thereof, but does not include those
10 characterized as RE-4 or "Dishonorable".
11 (Q) Unlawful Discrimination. "Unlawful discrimination"
12 means discrimination against a person because of his or her
13 race, color, religion, national origin, ancestry, age, sex,
14 marital status, handicap, military status, or unfavorable
15 discharge from military service as those terms are defined in
16 this Section.
17 (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)