Public Act 93-0482

SB1156 Enrolled                      LRB093 07767 DRJ 07956 b

    AN ACT in relation to health.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The AIDS Confidentiality Act  is  amended  by
changing  Sections  3,  5,  and  9  and adding Section 5.5 as
follows:

    (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
    Sec. 3.  When used in this Act:
    (a)  "Department" means the Illinois Department of Public
Health.
    (b)  "AIDS" means acquired immunodeficiency syndrome.
    (c)  "HIV" means the Human Immunodeficiency Virus or  any
other identified causative agent of AIDS.
    (d)  "Written  informed  consent"  means  an agreement in
writing executed by the subject of a test  or  the  subject's
legally authorized representative without undue inducement or
any  element of force, fraud, deceit, duress or other form of
constraint or coercion, which entails at least the following:
    (1)  a  fair  explanation  of  the  test,  including  its
purpose, potential uses, limitations and the meaning  of  its
results; and
    (2)  a fair explanation of the procedures to be followed,
including  the  voluntary  nature  of  the test, the right to
withdraw consent to the testing  process  at  any  time,  the
right to anonymity to the extent provided by law with respect
to  participation in the test and disclosure of test results,
and  the  right  to  confidential  treatment  of  information
identifying the subject of the test and the  results  of  the
test, to the extent provided by law.
    (e)  "Health  facility"  means  a hospital, nursing home,
blood bank, blood center, sperm bank, or  other  health  care
institution,  including any "health facility" as that term is
defined in the Illinois Health Facilities Authority Act.
    (f)  "Health  care  provider"  means  any   health   care
professional  physician,  nurse,  paramedic,  psychologist or
other person providing medical,  nursing,  psychological,  or
other health care services of any kind.
    (f-5)  "Health  care  professional"  means (i) a licensed
physician, (ii) a physician assistant to whom  the  physician
assistant's supervising physician has delegated the provision
of  AIDS  and  HIV-related health services, (iii) an advanced
practice registered nurse who  has  a  written  collaborative
agreement with a collaborating physician which authorizes the
provision  of  AIDS  and  HIV-related health services, (iv) a
licensed dentist, (v)  a  licensed  podiatrist,  or  (vi)  an
individual certified to provide HIV testing and counseling by
a state or local public health department.
    (g)  "Test"  or  "HIV test" means a test to determine the
presence of the  antibody  or  antigen  to  HIV,  or  of  HIV
infection.
    (h)  "Person"  includes  any natural person, partnership,
association,  joint  venture,  trust,  governmental   entity,
public or private corporation, health facility or other legal
entity.
(Source: P.A. 85-677; 85-679.)

    (410 ILCS 305/5) (from Ch. 111 1/2, par. 7305)
    Sec.  5.  No health care professional physician may order
an HIV test without making available  to  the  person  tested
information  about  the  meaning  of  the  test  results, the
availability  of  additional  or  confirmatory  testing,   if
appropriate,  and  the  availability of referrals for further
information or counseling.
(Source: P.A. 85-677; 85-679.)
    (410 ILCS 305/5.5 new)
    Sec. 5.5.  Rapid  testing.  The  Department  shall  adopt
rules  to  allow  for  the  implementation  of HIV/AIDS rapid
testing. The rules must include, but need not be limited  to,
standards  for  ordering  and  administration  of testing and
counseling and dissemination of test results.

    (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
    Sec. 9.  No  person  may  disclose  or  be  compelled  to
disclose  the  identity  of  any  person  upon whom a test is
performed, or the results of such a test in  a  manner  which
permits  identification of the subject of the test, except to
the following persons:
    (a)  The subject of the test  or  the  subject's  legally
authorized representative.  A physician may notify the spouse
of  the  test subject, if the test result is positive and has
been confirmed pursuant to rules adopted by the Department by
a Western Blot Assay or more reliable test, provided that the
physician has first sought  unsuccessfully  to  persuade  the
patient to notify the spouse or that, a reasonable time after
the   patient  has  agreed  to  make  the  notification,  the
physician has reason to believe  that  the  patient  has  not
provided  the notification. This paragraph shall not create a
duty or obligation under which a physician  must  notify  the
spouse of the test results, nor shall such duty or obligation
be  implied.  No  civil  liability or criminal sanction under
this  Act  shall   be   imposed   for   any   disclosure   or
non-disclosure  of  a  test result to a spouse by a physician
acting in good faith under this paragraph.  For  the  purpose
of  any proceedings, civil or criminal, the good faith of any
physician acting under this paragraph shall be presumed.
    (b)  Any person designated in a legally effective release
of the test results executed by the subject of  the  test  or
the subject's legally authorized representative.
    (c)  An authorized agent or employee of a health facility
or health care provider if the health facility or health care
provider itself is authorized to obtain the test results, the
agent  or  employee  provides  patient  care  or  handles  or
processes  specimens of body fluids or tissues, and the agent
or employee has a need to know such information.
    (d)  The  Department,  in  accordance  with   rules   for
reporting and controlling the spread of disease, as otherwise
provided  by  State  law.  Neither  the  Department  nor  its
authorized  representatives  shall  disclose  information and
records held by them relating to known or suspected cases  of
AIDS  or HIV infection, publicly or in any action of any kind
in any court or before any tribunal, board, or agency.   AIDS
and  HIV infection data shall be protected from disclosure in
accordance with the provisions  of  Sections  8-2101  through
8-2105 of the Code of Civil Procedure.
    (e)  A  health  facility  or  health  care provider which
procures, processes, distributes or uses: (i)  a  human  body
part   from   a  deceased  person  with  respect  to  medical
information regarding that person;  or  (ii)  semen  provided
prior  to  the  effective date of this Act for the purpose of
artificial insemination.
    (f)  Health facility staff committees for the purposes of
conducting program monitoring, program evaluation or  service
reviews.
    (g)  (Blank).
    (h)  Any  health  care  provider  or employee of a health
facility, and any firefighter  or  EMT-A,  EMT-P,  or  EMT-I,
involved  in  an  accidental  direct  skin or mucous membrane
contact with the blood or  bodily  fluids  of  an  individual
which  is of a nature that may transmit HIV, as determined by
a physician in his medical judgment.
    (i)  Any  law  enforcement   officer,   as   defined   in
subsection  (c) of Section 7, involved in the line of duty in
a direct skin or mucous membrane contact with  the  blood  or
bodily  fluids of an individual which is of a nature that may
transmit HIV, as determined by a  physician  in  his  medical
judgment.
    (j)  A   temporary   caretaker  of  a  child  taken  into
temporary protective custody by the  Department  of  Children
and  Family  Services pursuant to Section 5 of the Abused and
Neglected Child Reporting Act, as now or hereafter amended.
    (k)  In the case of a minor under 18 years of  age  whose
test  result  is  positive and has been confirmed pursuant to
rules adopted by the Department by a Western Blot Assay or  a
more  reliable test, the health care provider who ordered the
test shall make a reasonable effort  to  notify  the  minor's
parent or legal guardian if, in the professional judgement of
the  health  care provider, notification would be in the best
interest of the child and the health care provider has  first
sought  unsuccessfully  to  persuade  the minor to notify the
parent or legal guardian or a reasonable time after the minor
has agreed to notify the parent or legal guardian, the health
care provider has reason to believe that the  minor  has  not
made  the  notification.   This subsection shall not create a
duty or obligation under which a health  care  provider  must
notify  the  minor's  parent  or  legal  guardian of the test
results, nor shall a duty or obligation be implied.  No civil
liability or  criminal  sanction  under  this  Act  shall  be
imposed for any notification or non-notification of a minor's
test  result  by  a health care provider acting in good faith
under this subsection.  For the purpose  of  any  proceeding,
civil or criminal, the good faith of any health care provider
acting under this subsection shall be presumed.
(Source: P.A. 88-45; 89-381, eff. 8-18-95.)


    Section 99.  Effective date.  This Act takes effect upon
becoming law.