Full Text of HB2800 100th General Assembly
HB2800 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2800 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 410 ILCS 335/5 | | 410 ILCS 335/10 | | 410 ILCS 335/15 | | 410 ILCS 335/30 | | 410 ILCS 335/35 | |
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Amends the Perinatal HIV Prevention Act. Provides that every health care professional who provides health care services to a pregnant person, unless a pregnant person already has a documented negative HIV status (currently, already been tested) during the third trimester of the current pregnancy (currently, during the current pregnancy) or is already documented to be HIV-positive, shall provide specified HIV counseling and shall test the person for HIV on an opt-out basis (currently, unless she refuses). Adds provisions concerning when opt-out HIV testing and rapid opt-out HIV testing shall occur. Makes changes to provisions concerning specified HIV counseling requirements. Makes changes to provisions concerning reporting, including requiring that a specified report concerning a HIV-positive pregnant or post-partum person or HIV-exposed newborn shall be made by a health care facility to the Department of Public Health's Perinatal HIV Hotline within 12 hours but not later than 24 hours of test results (currently, a health facility shall report within 24 hours after birth if a woman is HIV-positive and the newborn is HIV-exposed). Provides that the provisions of the Act requiring testing for HIV (currently, provisions of the Act) shall not apply when a parent or guardian objects to HIV testing on certain grounds. Defines "birthing center", "opt-out testing", and "third trimester". Changes references from "pregnant woman" to "pregnant person" and makes other similar changes. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Perinatal HIV Prevention Act is amended by | 5 | | changing Sections 5, 10, 15, 30, and 35 as follows:
| 6 | | (410 ILCS 335/5)
| 7 | | Sec. 5. Definitions. In this Act:
| 8 | | "Birthing center" means a designated site that is away from | 9 | | the pregnant person's usual place of residence in which births | 10 | | are planned to occur following a normal, uncomplicated, and | 11 | | low-risk pregnancy. | 12 | | "Department" means the Department of Public Health.
| 13 | | "Health care professional" means a physician licensed to | 14 | | practice
medicine in all its branches, a licensed physician | 15 | | assistant, or a licensed
advanced
practice nurse.
| 16 | | "Health care facility" or "facility" means any hospital , | 17 | | birthing center, or other
institution that is licensed or | 18 | | otherwise authorized to deliver health care
services.
| 19 | | "Health care services" means any prenatal medical care , | 20 | | emergency care, or labor or
delivery services to a pregnant | 21 | | person or a woman and her newborn infant, including
| 22 | | hospitalization.
| 23 | | "Opt-out testing" means an approach in which an HIV test is |
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| 1 | | offered to the patient, such that the patient is notified that | 2 | | HIV testing may occur unless the patient opts out by declining | 3 | | the test. | 4 | | "Third trimester" means the 27th week of pregnancy through | 5 | | delivery. | 6 | | (Source: P.A. 99-173, eff. 7-29-15.)
| 7 | | (410 ILCS 335/10)
| 8 | | Sec. 10. HIV counseling and offer of HIV testing required.
| 9 | | (a) Every health care professional who provides health care | 10 | | services to a
pregnant person, including persons identified as | 11 | | pregnant and being treated for other health conditions in an | 12 | | emergency setting,
woman shall, unless the pregnant person | 13 | | already has a documented negative HIV status she has already | 14 | | been tested during the third trimester of the current | 15 | | pregnancy, or is already documented to be HIV-positive, provide | 16 | | the pregnant person woman with HIV counseling, as described in | 17 | | subpart (d) of this Section, and shall test the pregnant person | 18 | | her for HIV on an opt-out basis unless she refuses . The | 19 | | counseling and testing or refusal of testing shall be | 20 | | documented in the pregnant person's medical record. A refusal | 21 | | may be verbal or in writing. | 22 | | A health care
professional shall
provide the first opt-out | 23 | | HIV testing counseling and
recommend the testing as early in | 24 | | the person's woman's pregnancy
as
possible. The health care | 25 | | professional providing health care services to a pregnant |
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| 1 | | person in the third trimester shall perform a second round of | 2 | | opt-out HIV testing, ideally by the 36th week of pregnancy, | 3 | | unless the pregnant person already has a documented negative | 4 | | HIV status from the third trimester of the current pregnancy, | 5 | | or is already documented to be HIV-positive. For women at | 6 | | continued risk of exposure to HIV infection in the
judgment
of | 7 | | the health care professional, a repeat test should be | 8 | | recommended late in
pregnancy or at the time of labor and | 9 | | delivery. The
counseling and testing or refusal of testing
| 10 | | shall be documented in the woman's medical
record.
| 11 | | (b) Every health care professional or facility that cares | 12 | | for a pregnant person
woman
during
labor or delivery shall, | 13 | | unless the pregnant person she has already has a documented | 14 | | negative HIV status from been tested during the third trimester | 15 | | of the current pregnancy, or is already documented to be | 16 | | HIV-positive, provide the pregnant person woman with HIV | 17 | | counseling, as described in subpart (d) of this Section, and | 18 | | rapid opt-out
HIV
testing unless she refuses . The person in | 19 | | labor or delivery may refuse the HIV test verbally or in | 20 | | writing. A refusal may be verbal or in writing. The counseling | 21 | | and testing or refusal of testing
shall be
documented in the | 22 | | laboring or delivering person's woman's medical record. The | 23 | | health care facility shall adopt a policy that provides that as | 24 | | soon as possible within medical standards after the infant's | 25 | | birth, the delivering person's mother's HIV test result, if | 26 | | available, shall be noted in the newborn infant's medical |
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| 1 | | record. It shall also be noted in the newborn infant's medical | 2 | | record if the delivering person's third trimester mother's HIV | 3 | | test result is not available because the delivering person was | 4 | | not tested in the third trimester she has not been tested or | 5 | | has declined testing. Any testing or test results shall be
| 6 | | documented in accordance with the AIDS Confidentiality Act.
| 7 | | (c) Every health care professional or facility caring for a | 8 | | newborn infant
shall, upon
delivery or as soon as possible | 9 | | within medical standards after the infant's birth, provide
| 10 | | counseling as described in subsection (d) of this Section to | 11 | | the
parent or
guardian of the infant and perform rapid HIV | 12 | | testing on the infant, when the HIV status of the
infant's | 13 | | mother is unknown , or if the delivering person did not undergo | 14 | | HIV testing in the third trimester of the current pregnancy .
| 15 | | (d) The counseling required under this Section must be | 16 | | provided in
accordance with
the
AIDS Confidentiality Act and | 17 | | must include the following:
| 18 | | (1) For the health of the pregnant person woman , the
| 19 | | voluntary nature of the testing, the benefits of HIV | 20 | | testing, including the
prevention of
transmission, and the | 21 | | requirement that HIV testing be performed unless the | 22 | | pregnant person she refuses and the methods by which the | 23 | | pregnant person she can refuse.
| 24 | | (2)
The benefit of HIV testing for the pregnant person | 25 | | herself and the newborn infant, including
interventions
to
| 26 | | prevent
HIV transmission.
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| 1 | | (3)
The side effects of interventions to prevent HIV | 2 | | transmission.
| 3 | | (4)
The statutory confidentiality provisions that | 4 | | relate to HIV and
acquired
immune
deficiency syndrome | 5 | | ("AIDS") testing.
| 6 | | (5) The requirement for mandatory testing of the | 7 | | newborn if the pregnant person's mother's HIV status during | 8 | | the third trimester of pregnancy is not documented and the | 9 | | pregnant person was not rapidly tested for HIV at delivery | 10 | | unknown at the time of delivery . | 11 | | (6) An explanation of the test, including its purpose, | 12 | | limitations, and the meaning of its results. | 13 | | (7) An explanation of the procedures to be followed. | 14 | | (8) The availability of additional or confirmatory | 15 | | testing, if appropriate. Counseling may be provided in | 16 | | writing, verbally, or by video, electronic, or other means. | 17 | | The pregnant or delivering person woman must be offered an | 18 | | opportunity to ask questions about testing and to decline | 19 | | testing for herself . | 20 | | (e) All counseling and testing must be performed in | 21 | | accordance with the
standards set forth in the AIDS | 22 | | Confidentiality Act, including the informed consent provisions | 23 | | of Sections 4, 7, and 8 of that Act, with the exception of
the | 24 | | requirement of consent for testing of newborn infants. | 25 | | Consent for
testing of a newborn infant shall be presumed | 26 | | when a health care professional
or health care
facility seeks |
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| 1 | | to perform a test on a newborn infant when the whose mother's | 2 | | HIV status of the person who gave birth to the infant was
is | 3 | | not documented either in the third trimester of pregnancy or at | 4 | | delivery known , provided that the counseling required under | 5 | | subsection (d) of this Section and the AIDS Confidentiality Act
| 6 | | has taken place.
| 7 | | (f) The Illinois Department of Public Health shall adopt | 8 | | necessary rules to
implement this Act by July 1, 2008.
| 9 | | (Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08 .)
| 10 | | (410 ILCS 335/15) | 11 | | Sec. 15. Reporting. | 12 | | (a) Health A health care facilities facility shall adopt a | 13 | | policy that provides that a report of a preliminarily | 14 | | HIV-positive pregnant or post-partum person identified by a | 15 | | rapid HIV test or woman and a report of a preliminarily | 16 | | HIV-exposed newborn infant identified by a rapid HIV test | 17 | | conducted during labor and delivery or after delivery shall be | 18 | | made to the Department's Perinatal HIV Hotline within 12 hours | 19 | | but not later than 24 hours of the test result after birth . | 20 | | Section 15 of the AIDS Confidentiality Act applies to reporting | 21 | | under this Act, except that the immunities set forth in that | 22 | | Section do not apply in cases of willful or wanton misconduct. | 23 | | (b) The Department shall adopt rules specifying the | 24 | | information required in reporting the preliminarily | 25 | | HIV-positive pregnant or post-partum person woman and |
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| 1 | | preliminarily HIV-exposed newborn infant and the method of | 2 | | reporting. In adopting the rules, the Department shall consider | 3 | | the need for information, protections for the privacy and | 4 | | confidentiality of the infant and parents, the need to provide | 5 | | access to care and follow-up services to the infant, and | 6 | | procedures for destruction of records maintained by the | 7 | | Department if, through subsequent HIV testing, the pregnant or | 8 | | post-partum person woman or newborn infant is found to be | 9 | | HIV-negative. | 10 | | (c) The confidentiality provisions of the AIDS | 11 | | Confidentiality Act shall apply to the reports of cases of | 12 | | perinatal HIV made pursuant to this Section. | 13 | | (d) Health care facilities shall monthly report aggregate | 14 | | statistics to the Department that include the number of | 15 | | pregnant or delivering persons infected women who presented | 16 | | with known HIV status ; , the number of persons pregnant women | 17 | | rapidly tested for HIV in labor and delivery as either a first | 18 | | HIV test or a repeat third trimester HIV test; , the number of | 19 | | newborn infants rapidly tested for HIV-exposure because the HIV | 20 | | status of the delivering person was unknown in the third | 21 | | trimester, or the delivering person refused testing; , the | 22 | | number of preliminarily HIV-positive pregnant or delivering | 23 | | persons women and preliminarily HIV-exposed newborn infants | 24 | | identified ; , the number of families referred to case | 25 | | management ; , and other information the Department determines | 26 | | is necessary to measure progress under the provisions of this |
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| 1 | | Act. Health care facilities must report the confirmatory test | 2 | | result when it becomes available for each preliminarily | 3 | | positive rapid HIV test performed on the pregnant or delivering | 4 | | person woman and on a newborn.
| 5 | | (e) The Department or its authorized representative shall | 6 | | provide case management services to the preliminarily positive | 7 | | pregnant or post-partum person woman or the parent or guardian | 8 | | of the preliminarily positive newborn infant to ensure access | 9 | | to treatment and care and other services where the pregnant or | 10 | | post-partum person or the as appropriate if the parent or | 11 | | guardian of the newborn infant has consented to the services.
| 12 | | (f) Every health care facility caring for a newborn infant | 13 | | whose mother had been diagnosed HIV positive prior to labor and | 14 | | delivery shall report a case of perinatal HIV exposure in | 15 | | accordance with the HIV/AIDS Registry Act, the Illinois | 16 | | Sexually Transmissible Disease Control Act, and rules to be | 17 | | developed by the Department. If after 18 months from the date | 18 | | that the report was submitted, a newborn infant is determined | 19 | | to not have HIV or AIDS, the Department shall remove the | 20 | | newborn infant's name from all reports, records, and files | 21 | | collected or created under this subsection (f).
| 22 | | (Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08 .) | 23 | | (410 ILCS 335/30)
| 24 | | Sec. 30. Objections of parent or guardian to test. The | 25 | | provisions of this Act requiring testing for HIV shall not |
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| 1 | | apply when a parent or guardian of a child objects to HIV | 2 | | testing thereto on the grounds that the test conflicts with the | 3 | | parent's his or her religious tenets and practices. A written | 4 | | statement of the objection shall be presented to the physician | 5 | | or other person whose duty it is to administer and report the | 6 | | tests under the provisions of this Act.
| 7 | | (Source: P.A. 94-910, eff. 6-23-06.) | 8 | | (410 ILCS 335/35)
| 9 | | Sec. 35. Department report. The Department of Public Health | 10 | | shall prepare an annual report for the Governor and the General | 11 | | Assembly on the implementation of this Act that includes | 12 | | information on the number of HIV-positive pregnant persons | 13 | | women who presented with known HIV status, the number of | 14 | | pregnant persons women rapidly tested for HIV in labor and | 15 | | delivery, the number of newborn infants rapidly tested for HIV | 16 | | exposure, the number of preliminarily HIV-positive pregnant | 17 | | persons women and preliminarily HIV-exposed newborn infants | 18 | | identified, the confirmatory test result for each | 19 | | preliminarily positive rapid HIV test performed on the person | 20 | | woman and newborn, the number of families referred to case | 21 | | management, and other information the Department determines is | 22 | | necessary to measure progress under the provisions of this Act. | 23 | | The Department shall assess the needs of health care | 24 | | professionals and facilities for ongoing training in | 25 | | implementation of the provisions of this Act and make |
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| 1 | | recommendations to improve the program.
| 2 | | (Source: P.A. 94-910, eff. 6-23-06.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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