Public Act 094-0102
 
HB3420 Enrolled LRB094 07679 RXD 37854 b

    AN ACT concerning 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 Section 9 as follows:
 
    (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, 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 and local health authorities serving a
population of over 1,000,000 residents or other local health
authorities as designated by the Department, in accordance with
rules for reporting and controlling the spread of disease, as
otherwise provided by State law. Neither the The Department,
nor local health authorities, and its authorized
representatives shall not 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, 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. 93-482, eff. 8-8-03.)
 
    Section 10. The AIDS Registry Act is amended by changing
the title of the Act and Sections 1, 2, 3, and 4 as follows:
 
    (410 ILCS 310/Act title)
An Act to create an HIV/AIDS Registry, and to amend certain
Acts in relation to AIDS.
 
    (410 ILCS 310/1)  (from Ch. 111 1/2, par. 7351)
    Sec. 1. This Act shall be known and may be cited as the
"HIV/AIDS Registry Act".
(Source: P.A. 85-929.)
 
    (410 ILCS 310/2)  (from Ch. 111 1/2, par. 7352)
    Sec. 2. The General Assembly finds that:
    (1) More complete and precise statistical data than are
presently available are necessary to evaluate HIV and AIDS
treatment and prevention measures that are currently
available; and
    (2) The creation of an HIV/AIDS registry will provide a
vital foundation for a concerted State effort to reduce the
incidence of HIV and AIDS in this State.
(Source: P.A. 85-929.)
 
    (410 ILCS 310/3)  (from Ch. 111 1/2, par. 7353)
    Sec. 3. For the purposes of this Act, unless the context
requires otherwise:
    (a) "AIDS" means acquired immunodeficiency syndrome, as
defined by the Centers for Disease Control or the National
Institutes of Health.
    (b) (Blank).
    (c) "Department" means the Illinois Department of Public
Health.
    (d) "Director" means the Director of Public Health.
    (e) "HIV" means human immunodeficiency virus, as defined by
the Centers for Disease Control and Prevention or the National
Institutes of Health.
    (f) "Registry" means an official record of reported HIV and
AIDS cases.
(Source: P.A. 92-84, eff. 7-1-02.)
 
    (410 ILCS 310/4)  (from Ch. 111 1/2, par. 7354)
    Sec. 4. (a) The Department shall establish and maintain an
HIV/AIDS Registry consisting of a record of cases of HIV and
AIDS which occur in Illinois, and such information concerning
those cases as it deems necessary or appropriate in order to
conduct thorough and complete epidemiological surveys of HIV
and AIDS in Illinois, and to evaluate existing control and
prevention measures. Cases included in the Registry shall be
identified by a code rather than by name. To the extent
feasible, the Registry shall be compatible with other national
models so as to facilitate the coordination of information with
other data bases.
    (b) To facilitate the collection of information relating to
cases of HIV and AIDS, the Department shall have the authority
to require hospitals, laboratories and other facilities which
diagnose such conditions to report cases of HIV and AIDS to the
Department or a local health authority if the local health
authority serves a population of over 1,000,000 citizens or if
the local health authority has been designated by the
Department to collect such information, and to require the
submission of such other information pertaining to or in
connection with such reported cases as the Department deems
necessary or appropriate for the purposes of this Act. The
Department may promulgate rules or regulations specifying the
types of information required, requirements for follow up of
patients, frequency of reporting, methods of submitting such
information and any other details deemed by the Department to
be necessary or appropriate for the administration of this Act.
Nothing in this Act shall be construed to compel any individual
to submit to a medical examination or supervision.
    (c) The Director shall by rule establish standards for
ensuring the protection of information made confidential or
privileged under law.
(Source: P.A. 92-84, eff. 7-1-02.)