Bill Status of HB 1759   95th General Assembly

Short Description:  PUB HLTH-PRENATAL HIV TESTING

House Sponsors
Rep. Mary E. Flowers-LaShawn K. Ford, Daniel J. Burke, Careen M Gordon, Deborah L. Graham, Karen May, Aaron Schock, Sandy Cole and Linda Chapa LaVia

Senate Sponsors
(Sen. Jacqueline Y. Collins-Donne E. Trotter, Don Harmon-Carol Ronen-Mattie Hunter and William Delgado-Kimberly A. Lightford)


Last Action  View All Actions

DateChamber Action
  11/29/2007HousePublic Act . . . . . . . . . 95-0702

Statutes Amended In Order of Appearance
410 ILCS 335/10

Synopsis As Introduced
Amends the Perinatal HIV Prevention Act. Provides that every health care professional who provides health care services to a pregnant woman shall provide the woman with HIV counseling and perform (instead of recommend) HIV testing in accordance with the Centers for Disease Control and Prevention's Revised Recommendations for HIV Testing of Adults, Adolescents, and Pregnant Women in Health-Care Settings, unless she has already received an HIV test during pregnancy or she refuses in writing to take the test. Provides that every health care professional who provides health care services to a pregnant women, prior to providing an HIV test, must provide the pregnant woman with oral or written information and inform the woman of her right to refuse the test, and, upon request, provide the woman with the necessary forms to register her refusal. Provides that every health care professional who provides health care services to a pregnant woman shall not perform HIV testing on that woman after she has refused the test in writing, unless she withdraws her refusal in writing. Provides that for women at continued risk of exposure to HIV infection in the judgment of the health care professional, a repeat test should be provided (instead of recommended) late in pregnancy or at the time of labor and delivery, unless the woman refuses to the test in writing. Provides that the provision of pre-test information or refusal of testing shall be documented in the woman's medical record. Provides that any testing, provision of pre-test information, and prenatal information must be in accordance with the Centers for Disease Control and Prevention recommendations. Makes other changes.

House Amendment No. 1
Replaces everything after the enacting clause. Reinserts the contents of the bill as introduced with the following changes. Deletes all references requiring a refusal to take an HIV test by a pregnant woman be made in writing. Deletes a provision requiring that every health care professional who provides health care services to a pregnant woman provide the woman with the necessary forms to register her refusal to take an HIV test. Provides that HIV testing shall be non-coercive (instead of provided with the woman's consent). Makes other technical changes.

House Amendment No. 2
Replaces everything after the enacting clause. Amends the Perinatal HIV Prevention Act. Provides that every health care professional who provides health care services to a pregnant woman shall provide the woman with HIV counseling and recommend HIV testing, unless she declines in writing or she has already received an HIV test during pregnancy. Provides that a health care professional shall provide the counseling and provide the testing as early in the woman's pregnancy as possible. Provides that the counseling, offer of testing, and whether the woman accepted or declined testing shall be documented in the woman's medical record. Provides that every health care professional or facility that cares for a pregnant woman during labor or delivery shall provide the woman with HIV counseling and HIV testing unless she refuses in writing. Provides that no counseling or testing is required if already provided during the woman's pregnancy. Provides that the counseling, whether the woman accepted or declined testing, and offer of testing shall be documented in the woman's medical record. Sets forth the requirements for counseling to be performed under the Act. Sets forth the requirements for consent under the Act. Provides that every health care facility caring for a newborn infant whose mother had been diagnosed HIV positive prior to labor and delivery shall report a case of perinatal HIV exposure in accordance with the HIV/AIDS Registry Act, the Illinois Sexually Transmissible Disease Control Act, and rules to be developed by the Department of Public Health. Provides that after 18 months from the date that the report was submitted, if a newborn infant is determined to not have HIV or AIDS, the Department shall remove the newborn infant's name from all reports, records, and files collected or created under the provision.

Governor Amendatory Veto Message
Recommends that (i) changes be made in the preamble; (ii) the HIV counseling and testing be contingent on whether the woman has already been tested during the current pregnancy; (iii) the language be changed to allow a refusal of an HIV test be verbal or in writing; (iv) language be removed that requires the health care professional to inform the pregnant woman that, should she refuse HIV testing during her pregnancy, her newborn infant will be tested; (v) criteria be added to the required HIV counseling; (vi) provisions concerning the establishment of consent for HIV testing be removed; (vii) language concerning conformance with the AIDS Confidentiality Act (except for a reference to written informed consent) be reinserted; and (viii) the Department of Public Health be required to adopt necessary rules by July 1, 2008.

Actions 
DateChamber Action
  2/23/2007HouseFiled with the Clerk by Rep. Mary E. Flowers
  2/23/2007HouseFirst Reading
  2/23/2007HouseReferred to Rules Committee
  2/27/2007HouseAssigned to Human Services Committee
  3/7/2007HouseHouse Amendment No. 1 Filed with Clerk by Human Services Committee
  3/7/2007HouseHouse Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/7/2007HouseDo Pass as Amended / Short Debate Human Services Committee; 009-000-000
  3/7/2007HousePlaced on Calendar 2nd Reading - Short Debate
  4/17/2007HouseAdded Chief Co-Sponsor Rep. LaShawn K. Ford
  4/17/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers
  4/17/2007HouseHouse Amendment No. 2 Referred to Rules Committee
  4/18/2007HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  4/18/2007HouseAdded Co-Sponsor Rep. Daniel J. Burke
  4/18/2007HouseAdded Co-Sponsor Rep. Careen M Gordon
  4/18/2007HouseAdded Co-Sponsor Rep. Deborah L. Graham
  4/18/2007HouseAdded Co-Sponsor Rep. Karen May
  4/18/2007HouseAdded Co-Sponsor Rep. Aaron Schock
  4/18/2007HouseAdded Co-Sponsor Rep. Sandy Cole
  4/19/2007HouseSecond Reading - Short Debate
  4/19/2007HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/19/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2007HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/20/2007HouseThird Reading - Short Debate - Passed 111-000-001
  4/20/2007SenateArrive in Senate
  4/20/2007SenatePlaced on Calendar Order of First Reading April 24, 2007
  4/20/2007SenateChief Senate Sponsor Sen. Jacqueline Y. Collins
  4/24/2007SenateFirst Reading
  4/24/2007SenateReferred to Rules
  5/2/2007SenateAssigned to Public Health
  5/8/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Donne E. Trotter
  5/9/2007SenateAdded as Alternate Co-Sponsor Sen. Don Harmon
  5/9/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Carol Ronen
  5/10/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/10/2007SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  5/14/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  5/15/2007SenateDo Pass Public Health; 007-000-000
  5/15/2007SenatePlaced on Calendar Order of 2nd Reading May 16, 2007
  5/16/2007SenateSecond Reading
  5/16/2007SenatePlaced on Calendar Order of 3rd Reading May 17, 2007
  5/17/2007SenateThird Reading - Passed; 051-001-000
  5/17/2007HousePassed Both Houses
  6/15/2007HouseSent to the Governor
  8/14/2007HouseGovernor Amendatory Veto
  9/19/2007HousePlaced on Calendar Amendatory Veto October 2, 2007
  10/2/2007HouseAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Rep. Mary E. Flowers
  10/2/2007HouseAmendatory Veto Motion - Motion Referred to Rules Committee
  10/3/2007HouseAmendatory Veto Motion - Accept Motion Recommends Be Adopted Rules Committee; 004-000-000
  10/3/2007House3/5 Vote Required
  10/3/2007HouseAccept Amendatory Veto - House Passed 111-000-000
  10/10/2007SenatePlaced on Calendar Amendatory Veto October 11, 2007
  10/10/2007SenateAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Sen. Jacqueline Y. Collins
  10/10/2007SenateAmendatory Veto Motion - Motion Referred to Rules
  10/10/2007SenateAmendatory Veto Motion - Motion Referred to Public Health
  10/11/2007SenateAmendatory Veto Motion - Accept Motion Recommends Be Adopted Public Health; 009-000-000
  10/11/2007SenateAccept Amendatory Veto - Senate Passed 058-000-000
  10/11/2007HouseBoth Houses Accepted Amendatory Veto
  11/9/2007HouseReturned to Governor for Certification
  11/29/2007HouseGovernor Certifies Changes
  11/29/2007HouseEffective Date June 1, 2008
  11/29/2007HousePublic Act . . . . . . . . . 95-0702

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