Public Act 094-0910
 
HB4306 Enrolled LRB094 16161 LJB 51402 b

    AN ACT concerning public health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Perinatal HIV Prevention Act is amended by
changing Sections 5 and 10 and by adding Sections 15, 20, 25,
30, and 35 as follows:
 
    (410 ILCS 335/5)
    Sec. 5. Definitions. In this Act:
    "Department" means the Department of Public Health.
    "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.
(Source: P.A. 93-566, eff. 8-20-03.)
 
    (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 provide the woman with HIV
counseling and recommend 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 recommend 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 recommended offered late in pregnancy or at the time of
labor and delivery. The health care professional shall inform
the pregnant woman that, should she refuse HIV testing during
pregnancy, her newborn infant will be tested for HIV. The
counseling and recommendation 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 recommend 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. The
health care facility shall adopt a policy that provides that as
soon as possible within medical standards after the infant's
birth, the 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
HIV test result is not available because she has not been
tested 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 48 hours after the infant's birth,
provide counseling 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, 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) For the health of the pregnant woman, the voluntary
    nature of the testing and the 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, including the written 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, 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.
(Source: P.A. 93-566, eff. 8-20-03.)
 
    (410 ILCS 335/15 new)
    Sec. 15. Reporting.
    (a) A health care facility shall adopt a policy that
provides that a report of a preliminarily HIV-positive woman
and a report of a preliminarily HIV-exposed newborn infant
identified by a rapid HIV test conducted during labor and
delivery or after delivery shall be made to the Department's
Perinatal HIV Hotline within 24 hours after birth. 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 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 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
infected women who presented with known HIV status, the number
of pregnant women rapidly tested for HIV in labor and delivery,
the number of newborn infants rapidly tested for HIV-exposure,
the number of preliminarily HIV-positive pregnant 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 woman and newborn.
    (e) The Department or its authorized representative shall
provide case management services to the preliminarily positive
pregnant woman or the parent or guardian of the preliminarily
positive newborn infant to ensure access to treatment and care
and other services as appropriate if the parent or guardian has
consented to the services.
 
    (410 ILCS 335/20 new)
    Sec. 20. 24-hour Perinatal HIV Hotline.
    (a) The Department of Public Health or its authorized
representative shall establish and maintain a 24-hour
Perinatal HIV Hotline. The purpose of the hotline is to provide
linkage to case management and ensure consultation to help
prevent the following:
        (1) transmission of HIV during labor and delivery; and
        (2) HIV infection of the newborn infant.
    (b) The hotline must provide to health care professionals
perinatal HIV treatment information in accordance with
guidelines established by the U.S. Public Health Service or
other nationally-recognized experts, as determined by the
Department. An electronic reporting system may replace the
telephone hotline if the Department determines the same
services can be provided more effectively.
 
    (410 ILCS 335/25 new)
    Sec. 25. Treatment information. A health care facility
shall adopt a policy that provides that when an HIV test
performed under this Act shows that a newborn infant is
preliminarily HIV-exposed, the infant's parent or guardian
shall be informed of the importance of obtaining timely
treatment for the infant in order to prevent the newborn from
becoming HIV infected, and the mother of the newborn infant
shall be informed of the importance of obtaining treatment for
her HIV infection. The Department shall provide to health care
professionals and health care facilities written information
that may be used to satisfy their obligation under this
Section.
 
    (410 ILCS 335/30 new)
    Sec. 30. Objections of parent or guardian to test. The
provisions of this Act shall not apply when a parent or
guardian of a child objects thereto on the grounds that the
test conflicts with his or her religious tenets and practices.
A written statement of the objection shall be presented to the
physician or other person whose duty it is to administer and
report the tests under the provisions of this Act.
 
    (410 ILCS 335/35 new)
    Sec. 35. Department report. The Department of Public Health
shall prepare an annual report for the Governor and the General
Assembly on the implementation of this Act that includes
information on the number of HIV-positive women who presented
with known HIV status, the number of pregnant women rapidly
tested for HIV in labor and delivery, the number of newborn
infants rapidly tested for HIV exposure, the number of
preliminarily HIV-positive pregnant women and preliminarily
HIV-exposed newborn infants identified, the confirmatory test
result for each preliminarily positive rapid HIV test performed
on the woman and newborn, 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. The Department shall assess the needs
of health care professionals and facilities for ongoing
training in implementation of the provisions of this Act and
make recommendations to improve the program.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/23/2006