Human Services Committee
Filed: 3/21/2007
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1 | AMENDMENT TO HOUSE BILL 1286
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2 | AMENDMENT NO. ______. Amend House Bill 1286 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Civil Administrative Code of Illinois is | ||||||
5 | amended by adding Section 2310-317 as follows: | ||||||
6 | (20 ILCS 2310/2310-317 new)
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7 | Sec. 2310-317. Program to diagnose and link to care | ||||||
8 | individuals who are undiagnosed with HIV. | ||||||
9 | (a) The Department shall develop a program to identify in | ||||||
10 | health care facilities individuals who are infected with HIV | ||||||
11 | but unaware of their infection. The program shall promote early | ||||||
12 | diagnosis of HIV infection to engage individuals in medical | ||||||
13 | treatment. Individuals shall also be informed of the need for | ||||||
14 | treatment for HIV and offered referrals to medical care for | ||||||
15 | their HIV infection. The program shall aim to reduce stigma | ||||||
16 | related to HIV testing and ethnic and racial disparities in the |
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1 | diagnosis of HIV. | ||||||
2 | (b) The Department shall target activities under this | ||||||
3 | Section towards increasing voluntary HIV testing in health care | ||||||
4 | facilities such as hospitals, federally qualified health | ||||||
5 | centers, or clinics operated by a unit of local or county | ||||||
6 | government or a local health department. Health facilities | ||||||
7 | targeted shall serve populations at high risk for HIV as | ||||||
8 | determined by the Department based on such factors as HIV and | ||||||
9 | AIDS epidemiological data and rates of uninsurance. Activities | ||||||
10 | shall target geographic areas with concentrations of | ||||||
11 | individuals living with known HIV infection as determined by | ||||||
12 | the Department based on statewide HIV and AIDS epidemiological | ||||||
13 | data.
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14 | (c) The Department shall make grants to expand voluntary | ||||||
15 | HIV testing in health facilities described in subsection (b) of | ||||||
16 | this Section. Grants may be used for the following purposes: | ||||||
17 | rapid HIV test kits, other HIV testing diagnostics, clinical | ||||||
18 | and social service staff necessary to conduct testing, | ||||||
19 | administration, evaluation, training, material development, | ||||||
20 | and other activities related to the expansion of voluntary HIV | ||||||
21 | testing in health care facilities. | ||||||
22 | (d) The Department shall provide training and technical | ||||||
23 | assistance to health care facilities described in subsection | ||||||
24 | (b) of this Section that is available to all health care | ||||||
25 | facilities and health care providers. The goals of the | ||||||
26 | activities shall be to (i) increase the number of people |
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1 | offered testing in health care facilities; (ii) increase the | ||||||
2 | number of cases of HIV diagnosed in health care facilities; and | ||||||
3 | (iii) increase the number of HIV-positive people linked to | ||||||
4 | medical care and other appropriate services for treatment of | ||||||
5 | their HIV infection. Activities shall include but are not | ||||||
6 | limited to: | ||||||
7 | (1) developing training for health care providers, | ||||||
8 | including health care providers who offer primary medical | ||||||
9 | care for adolescents and adults; | ||||||
10 | (2) providing technical assistance for health care | ||||||
11 | facilities, including developing procedures for referring | ||||||
12 | HIV positive individuals to medical care and social | ||||||
13 | services related to their HIV diagnosis; | ||||||
14 | (3) developing and disseminating written, video, | ||||||
15 | electronic, and other materials containing information | ||||||
16 | required when conducting HIV testing as described in the | ||||||
17 | AIDS Confidentiality Act; | ||||||
18 | (4) developing and disseminating model HIV testing | ||||||
19 | consent forms that contain a written consent for general | ||||||
20 | medical treatment and a written informed consent for HIV | ||||||
21 | testing; | ||||||
22 | (5) developing and disseminating materials including | ||||||
23 | model scripts that health care providers may use to conduct | ||||||
24 | HIV testing and deliver test results, including brief HIV | ||||||
25 | prevention information for HIV-negative individuals; and | ||||||
26 | (6) research to evaluate the effectiveness of such |
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1 | grants in identifying individuals with undiagnosed HIV | ||||||
2 | infection. | ||||||
3 | The Department shall collaborate with organizations | ||||||
4 | representing health care facilities and health care providers | ||||||
5 | to develop the program and disseminate information about | ||||||
6 | effective programs to identify individuals with undiagnosed | ||||||
7 | HIV infection. All materials developed under this Section shall | ||||||
8 | be culturally appropriate to the ethnic and racial groups | ||||||
9 | targeted for HIV testing and available in the 3 languages most | ||||||
10 | commonly spoken in this State and alternative formats for | ||||||
11 | individuals with disabilities. | ||||||
12 | (e) Implementation of this Section is subject to | ||||||
13 | appropriation. | ||||||
14 | Section 10. The AIDS Confidentiality Act is amended by | ||||||
15 | changing Section 3 and by adding Section 9.5 as follows:
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16 | (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
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17 | Sec. 3. When used in this Act:
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18 | (a) "Department" means the Illinois Department of Public | ||||||
19 | Health.
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20 | (b) "AIDS" means acquired immunodeficiency syndrome.
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21 | (c) "HIV" means the Human Immunodeficiency Virus or
any | ||||||
22 | other identified causative agent of AIDS.
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23 | (d) "Written informed consent" means an
agreement in | ||||||
24 | writing executed by the subject of a test or the subject's
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1 | legally authorized representative without undue inducement or | ||||||
2 | any element
of force, fraud, deceit, duress or other form of | ||||||
3 | constraint or coercion,
which entails at least the following:
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4 | (1) a fair explanation of the test, including its purpose, | ||||||
5 | potential
uses, limitations and the meaning of its results; and
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6 | (2) a fair explanation of the procedures to be followed, | ||||||
7 | including the
voluntary nature of the test, the right to | ||||||
8 | withdraw consent to the testing
process at any time, the right | ||||||
9 | to anonymity to the extent provided by law
with respect to | ||||||
10 | participation in the test and disclosure of test results,
and | ||||||
11 | the right to confidential treatment of
information identifying | ||||||
12 | the subject of the test and the results of the
test, to the | ||||||
13 | extent provided by law. | ||||||
14 | Information may be provided in writing, verbally, or by | ||||||
15 | video, electronic, or other means that is easily understandable | ||||||
16 | by the subject. The subject must be offered an opportunity to | ||||||
17 | ask questions about the HIV test and decline testing. Nothing | ||||||
18 | in this Act shall prohibit a health care provider from | ||||||
19 | combining the form used to obtain written informed consent for | ||||||
20 | HIV testing with forms used to obtain written consent for | ||||||
21 | general medical care or any other medical test or procedure | ||||||
22 | provided that the forms make it clear that the subject may | ||||||
23 | consent to general medical care, test, or medical procedure | ||||||
24 | without being required to consent to HIV testing.
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25 | (e) "Health facility" means a hospital, nursing home, blood | ||||||
26 | bank, blood
center, sperm bank, or other health care |
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1 | institution, including any "health
facility" as that term is | ||||||
2 | defined in the Illinois Finance Authority
Act.
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3 | (f) "Health care provider" means any health care | ||||||
4 | professional, nurse,
paramedic,
psychologist or other person | ||||||
5 | providing medical, nursing, psychological, or
other health | ||||||
6 | care services of any kind.
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7 | (f-5) "Health care professional" means (i) a licensed | ||||||
8 | physician, (ii) a
physician assistant
to whom the physician | ||||||
9 | assistant's supervising physician has delegated the
provision | ||||||
10 | of AIDS and
HIV-related health services, (iii) an advanced | ||||||
11 | practice registered nurse who
has a written
collaborative | ||||||
12 | agreement with a collaborating physician which authorizes the
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13 | provision of AIDS
and HIV-related health services, (iv) a | ||||||
14 | licensed dentist, (v) a licensed
podiatrist, or (vi) an
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15 | individual certified to provide HIV testing and counseling by a | ||||||
16 | state or local
public health
department.
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17 | (g) "Test" or "HIV test" means a test to determine the | ||||||
18 | presence of the
antibody or antigen to HIV, or of HIV | ||||||
19 | infection.
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20 | (h) "Person" includes any natural person, partnership, | ||||||
21 | association,
joint venture, trust, governmental entity, public | ||||||
22 | or private corporation,
health facility or other legal entity.
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23 | (Source: P.A. 93-205, eff. 1-1-04; 93-482, eff. 8-8-03; revised | ||||||
24 | 9-12-03.)
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25 | (410 ILCS 305/9.5 new) |
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1 | Sec. 9.5. Delivery of test results.
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2 | (a) The subject of the test or the subject's legally | ||||||
3 | authorized representative may be notified of the results of a | ||||||
4 | negative HIV test in writing, by telephone, or by any other | ||||||
5 | means that maintains the confidentiality of the test result as | ||||||
6 | set forth in Section 9 of this Act. | ||||||
7 | (b) The subject of the test or the subject's legally | ||||||
8 | authorized representative shall be notified by personal | ||||||
9 | contact whenever possible of the indeterminate result of an HIV | ||||||
10 | test and the need for repeat testing. | ||||||
11 | If the subject is known to be at high risk of HIV infection | ||||||
12 | and the subject has negative or indeterminate test results, the | ||||||
13 | subject or the subject's legally authorized representative | ||||||
14 | shall be advised of the need for repeat testing and offered | ||||||
15 | counseling to prevent HIV infection or offered a referral to | ||||||
16 | counseling to prevent HIV infection. | ||||||
17 | (c) The subject of the test or the subject's legally | ||||||
18 | authorized representative shall be notified by personal | ||||||
19 | contact whenever possible of the positive or preliminary | ||||||
20 | positive result of an HIV test. When the subject or the | ||||||
21 | subject's legally authorized representative is notified of a | ||||||
22 | positive or preliminary positive test result, the health care | ||||||
23 | provider or professional shall provide the subject or the | ||||||
24 | subject's legally authorized representative with a referral to | ||||||
25 | counseling in connection with the positive or preliminary | ||||||
26 | positive test result and a referral to an appropriate medical |
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1 | facility for the treatment and management of HIV. | ||||||
2 | (d) A health care provider shall not be in violation of | ||||||
3 | this Section when an attempt to contact the test subject or the | ||||||
4 | subject's legally authorized representative at the address or | ||||||
5 | telephone number provided by the test subject or the test | ||||||
6 | subject's legally authorized representative does not result in | ||||||
7 | contact and notification or where an attempt to deliver results | ||||||
8 | by person contact has not been successful. | ||||||
9 | (e) The Department of Public Health may exempt from this | ||||||
10 | Section alternative blood test services provided for under | ||||||
11 | Section 2310-315 of the Civil Administrative Code of Illinois.
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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