Public Act 93-0566

SB263 Enrolled                       LRB093 08244 DRJ 08457 b

    AN ACT in relation to health.

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

    Section 1.  Short title. This Act may  be  cited  as  the
Perinatal HIV Prevention Act.

    Section 5. Definitions. In this Act:
    "Health  care professional" means a physician licensed to
practice medicine in all its branches, a physician  assistant
who  has  been  delegated the provision of health services by
his or her supervising physician,  or  an  advanced  practice
registered  nurse  who  has a written collaborative agreement
with a collaborating physician that authorizes the  provision
of health services.
    "Health  care  facility" or "facility" means any hospital
or other institution that is licensed or otherwise authorized
to deliver health care services.
    "Health care services" means any prenatal medical care or
labor or delivery  services  to  a  pregnant  woman  and  her
newborn infant, including hospitalization.

    Section  10.  HIV  counseling  and  offer  of HIV testing
required.
    (a)  Every health care professional who  provides  health
care  services  to  a  pregnant woman shall provide the woman
with HIV counseling and offer HIV  testing,  unless  she  has
already  received  an  HIV test during pregnancy. HIV testing
shall be provided with the woman's consent.   A  health  care
professional  shall  provide  the  counseling  and  offer the
testing as early in the woman's pregnancy  as  possible.  For
women  at  continued risk of exposure to HIV infection in the
judgment of the  health  care  professional,  a  repeat  test
should be offered late in pregnancy. The counseling and offer
of testing shall be documented in the woman's medical record.
    (b)  Every  health  care  professional  or  facility that
cares for a pregnant woman during  labor  or  delivery  shall
provide  the woman with HIV counseling and offer HIV testing.
HIV testing shall be provided with the  woman's  consent.  No
counseling  or  offer  of  testing  is  required  if  already
provided  during  the  woman's  pregnancy. The counseling and
offer of testing shall be documented in the  woman's  medical
record.  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 within 48 hours
after the infant's birth, provide counseling to the parent or
guardian of the infant and perform HIV testing, when the  HIV
status  of  the  infant's mother is unknown, if the parent or
guardian does not refuse. The  health  care  professional  or
facility  shall  document  in the woman's medical record that
counseling and the offer of testing were given, and  that  no
written refusal was given.
    (d)  The  counseling  required under this Section must be
provided in accordance with the AIDS Confidentiality Act  and
must include the following:
         (1)  The  benefits  of  HIV testing for the pregnant
    woman, including the prevention of transmission.
         (2)  The benefit of  HIV  testing  for  the  newborn
    infant,    including   interventions   to   prevent   HIV
    transmission.
         (3)  The side effects of  interventions  to  prevent
    HIV transmission.
         (4)  The  statutory  confidentiality provisions that
    relate to HIV and  acquired  immune  deficiency  syndrome
    ("AIDS") testing.
         (5)  The  voluntary nature of the testing, including
    the opportunity to refuse testing of a newborn infant  in
    writing.
    (e)  All  counseling  and  testing  must  be performed in
accordance  with  the  standards  set  forth  in   the   AIDS
Confidentiality 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,
provided  that  the  counseling required under subsection (d)
has taken place and the newborn infant's parent  or  guardian
has  not indicated in writing that he or she refuses to allow
the newborn infant to receive HIV testing.
    (f)  The Illinois Department of Public Health shall adopt
necessary rules to implement this Act.

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

Effective Date: 8/20/2003