HB4306 94TH GENERAL ASSEMBLY

LRB094 16161 LJB 51402 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4306

Introduced 12/21/05, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

410 ILCS 335/10
410 ILCS 335/15 new
410 ILCS 335/20 new

Amends the Perinatal HIV Prevention Act. Requires HIV testing of newborns when the HIV status of the mother is unknown (now, testing is voluntary). Requires counseling to include the voluntary nature of the HIV test for a pregnant woman. Requires the reporting of a positive HIV test for a newborn infant to an electronic surveillance system established by the Department of Public Health. Requires the Department to adopt rules specifying the information required in the report. Provides that the confidentiality provisions of the AIDS Confidentiality Act apply to the reports. Requires the Department or its authorized representative to provide case management services to ensure access to proper care. Provides that hospitals, laboratories, other facilities, and physicians will not be held liable for the release of information or confidential data in accordance with the Act. Requires all HIV exposed newborns to be treated to prevent HIV infection within 24 hours after birth and until 6 weeks after birth. Effective Immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Section 10 and by adding Sections 15 and 20 as follows:

(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 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) For a 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, 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 positive HIV test for a newborn infant shall be reported to an electronic surveillance system established by the Department of Public Health within the time period and in the manner required by the Department, but in no case shall the time period exceed 48 hours.

(b) The Department of Public Health shall adopt rules specifying the information required in reporting the positive HIV test of a newborn infant. In adopting the rules, the Department shall consider the need for information, protections for the privacy and confidentiality of the infant and mother, and the need to provide access to care and follow-up services to the infant and the mother.

(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) The Department of Public Health or its authorized representative shall provide case management services to the parent or guardian of the newborn infant, the facility, or the physician or health care professional responsible for care of the newborn infant to ensure access to treatment and care and other services as appropriate.

(e) Hospitals, laboratories, other facilities, or physicians shall not be held liable for the release of information or confidential data to the Department of Public Health in accordance with this Act.

(410 ILCS 335/20 new)

Sec. 20. Treatment obligation. All HIV exposed newborn infants shall be treated to prevent HIV infection within 24 hours after birth and until 6 weeks after birth.

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