Rep. LaShawn K. Ford
Filed: 4/25/2007
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1 | AMENDMENT TO HOUSE BILL 980
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2 | AMENDMENT NO. ______. Amend House Bill 980, AS AMENDED, | ||||||
3 | immediately above the enacting clause by inserting the | ||||||
4 | following: | ||||||
5 | "WHEREAS, The human immunodeficiency virus (HIV) and | ||||||
6 | acquired immunodeficiency syndrome (AIDS) are leading causes | ||||||
7 | of illness and death; and | ||||||
8 | WHEREAS, Effective September 2006, the U.S. Centers for | ||||||
9 | Disease Control and Prevention (CDC) revised its | ||||||
10 | recommendations for HIV testing due to the changing | ||||||
11 | demographics of the persons who have become infected since the | ||||||
12 | 1980's, which include increasing proportions of persons less | ||||||
13 | than 20 years of age, women, members of racial and ethnic | ||||||
14 | minority populations, persons who reside outside metropolitan | ||||||
15 | areas, and heterosexual men and women who frequently are | ||||||
16 | unaware that they are at risk for HIV; and |
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1 | WHEREAS, The CDC reports that prevention strategies that | ||||||
2 | incorporate universal HIV screening have been highly effective | ||||||
3 | and recommends screening for HIV infection for all persons 13 | ||||||
4 | to 64 years of age; and | ||||||
5 | WHEREAS, It is declared to be the public policy of this | ||||||
6 | State that HIV screening be conducted in accordance with the | ||||||
7 | recommendations of the CDC and that the Department of Public | ||||||
8 | Health shall develop and administer compliant policies and | ||||||
9 | procedures for health care providers subject to State | ||||||
10 | regulation, as well as related public health information and | ||||||
11 | education programs; therefore"; and
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12 | by replacing everything after the enacting clause with the | ||||||
13 | following:
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14 | "Section 5. The Department of Public Health Powers and | ||||||
15 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
16 | amended by adding Section 2310-317 as follows: | ||||||
17 | (20 ILCS 2310/2310-317 new) | ||||||
18 | Sec. 2310-317. HIV and AIDS testing. No later than January | ||||||
19 | 1, 2008, the Department must implement the most current | ||||||
20 | recommendations of the United States Centers for Disease | ||||||
21 | Control and Prevention regarding HIV and AIDS testing. |
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1 | Section 10. The AIDS Confidentiality Act is amended by | ||||||
2 | changing Sections 3 and 4 as follows:
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3 | (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
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4 | Sec. 3. When used in this Act:
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5 | (a) "Department" means the Illinois Department of Public | ||||||
6 | Health.
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7 | (b) "AIDS" means acquired immunodeficiency syndrome.
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8 | (c) "HIV" means the Human Immunodeficiency Virus or
any | ||||||
9 | other identified causative agent of AIDS.
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10 | (d) (Blank).
"Written informed consent" means an
agreement | ||||||
11 | in writing executed by the subject of a test or the subject's
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12 | legally authorized representative without undue inducement or | ||||||
13 | any element
of force, fraud, deceit, duress or other form of | ||||||
14 | constraint or coercion,
which entails at least the following:
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15 | (1) a fair explanation of the test, including its purpose, | ||||||
16 | potential
uses, limitations and the meaning of its results; and
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17 | (2) a fair explanation of the procedures to be followed, | ||||||
18 | including the
voluntary nature of the test, the right to | ||||||
19 | withdraw consent to the testing
process at any time, the right | ||||||
20 | to anonymity to the extent provided by law
with respect to | ||||||
21 | participation in the test and disclosure of test results,
and | ||||||
22 | the right to confidential treatment of
information identifying | ||||||
23 | the subject of the test and the results of the
test, to the | ||||||
24 | extent provided by law.
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25 | (e) "Health facility" means a hospital, nursing home, blood |
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1 | bank, blood
center, sperm bank, or other health care | ||||||
2 | institution, including any "health
facility" as that term is | ||||||
3 | defined in the Illinois Finance Authority
Act.
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4 | (f) "Health care provider" means any health care | ||||||
5 | professional, nurse,
paramedic,
psychologist or other person | ||||||
6 | providing medical, nursing, psychological, or
other health | ||||||
7 | care services of any kind.
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8 | (f-5) "Health care professional" means (i) a licensed | ||||||
9 | physician, (ii) a
physician assistant
to whom the physician | ||||||
10 | assistant's supervising physician has delegated the
provision | ||||||
11 | of AIDS and
HIV-related health services, (iii) an advanced | ||||||
12 | practice registered nurse who
has a written
collaborative | ||||||
13 | agreement with a collaborating physician which authorizes the
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14 | provision of AIDS
and HIV-related health services, (iv) a | ||||||
15 | licensed dentist, (v) a licensed
podiatrist, or (vi) an
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16 | individual certified to provide HIV testing and counseling by a | ||||||
17 | state or local
public health
department.
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18 | (g) "Test" or "HIV test" means a test to determine the | ||||||
19 | presence of the
antibody or antigen to HIV, or of HIV | ||||||
20 | infection.
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21 | (h) "Person" includes any natural person, partnership, | ||||||
22 | association,
joint venture, trust, governmental entity, public | ||||||
23 | or private corporation,
health facility or other legal entity.
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24 | (Source: P.A. 93-205, eff. 1-1-04; 93-482, eff. 8-8-03; revised | ||||||
25 | 9-12-03.)
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1 | (410 ILCS 305/4) (from Ch. 111 1/2, par. 7304)
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2 | Sec. 4. No person may order an HIV test without first | ||||||
3 | notifying
receiving
the written informed consent
of the subject | ||||||
4 | of the test or the subject's legally authorized
representative | ||||||
5 | that the test shall be conducted. No person may be subject to | ||||||
6 | undue inducement or any element of force, fraud, deceit, | ||||||
7 | duress, or other form of constraint or coercion related to the | ||||||
8 | performance of an HIV test .
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9 | (Source: P.A. 85-1248.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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