HB3420 94TH GENERAL ASSEMBLY

LRB094 07679 RXD 37854 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3420

Introduced 2/22/2005, by Rep. Larry McKeon

SYNOPSIS AS INTRODUCED:

410 ILCS 305/9	from Ch. 111 1/2, par. 7309
410 ILCS 310/Act title
410 ILCS 310/1	from Ch. 111 1/2, par. 7351
410 ILCS 310/2	from Ch. 111 1/2, par. 7352
410 ILCS 310/3	from Ch. 111 1/2, par. 7353
410 ILCS 310/4	from Ch. 111 1/2, par. 7354

Amends the AIDS Confidentiality Act. Provides that a 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, to local health authorities serving a population of over 1,000,000 residents or other local health authorities as designated by the Department of Public Health, in accordance with rules for reporting and controlling the spread of disease. Provides that a local health authority shall not disclose information and records held by it relating to known or suspected cases of AIDS or HIV infection. Amends the AIDS Registry Act. Changes the short title of the Act to the "HIV/AIDS Registry Act". Changes the name of the "AIDS Registry" to the "HIV/AIDS Registry" (makes reference to "HIV" accordingly). Defines "HIV" and "registry".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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.)