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1 | AN ACT concerning public health.
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2 | WHEREAS, The majority of children who are infected with | ||||||
3 | human immunodeficiency virus (HIV) acquire the virus from their | ||||||
4 | mothers during pregnancy; and | ||||||
5 | WHEREAS, More than one million Americans are infected with | ||||||
6 | HIV, and 40,000 new cases of HIV occur each year; and | ||||||
7 | WHEREAS, More than one-quarter of persons with HIV do not | ||||||
8 | know they are infected and contribute to up to 70% of new cases | ||||||
9 | of HIV each year; and | ||||||
10 | WHEREAS, Pregnant women, particularly women of color, are | ||||||
11 | at high risk for acquiring HIV, but often do not know they | ||||||
12 | carry the risk of transmitting the virus to their newborns; and | ||||||
13 | WHEREAS, More than 99% of mother-to-newborn transmissions | ||||||
14 | of HIV can be prevented if a pregnant woman is tested for HIV | ||||||
15 | and treated with medications before the birth of her child; and | ||||||
16 | WHEREAS, National recommendations for preventing | ||||||
17 | mother-to-newborn HIV infection from authorities, including | ||||||
18 | the Institute of Medicine, the Centers for Disease Control and | ||||||
19 | Prevention, the American College of Obstetricians and | ||||||
20 | Gynecologists, the American Academy of Pediatrics, the | ||||||
21 | Presidential Advisory Council on HIV/AIDS, and the National |
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1 | Congress of Black Women, indicate that the most effective way | ||||||
2 | to prevent mother-to-newborn HIV transmission is through | ||||||
3 | routine prenatal testing of all pregnant women with the right | ||||||
4 | to refuse; and | ||||||
5 | WHEREAS, Nearly 300 babies have been born with HIV in | ||||||
6 | Illinois since 1994 since it was demonstrated that prenatal HIV | ||||||
7 | testing and treatment can prevent mother-to-newborn HIV | ||||||
8 | infection; and | ||||||
9 | WHEREAS, The earlier in a pregnancy a woman is identified | ||||||
10 | as having HIV, the greater the opportunity to provide her with | ||||||
11 | more effective care for herself and prevent transmission of HIV | ||||||
12 | to her newborn; therefore | ||||||
13 | Be it enacted by the People of the State of Illinois,
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14 | represented in the General Assembly:
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15 | Section 5. The Perinatal HIV Prevention Act is amended by | ||||||
16 | changing Sections 10 and 15 as follows:
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17 | (410 ILCS 335/10)
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18 | Sec. 10. HIV counseling and offer of HIV testing required.
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19 | (a) Every health care professional who provides health care | ||||||
20 | services to a
pregnant
woman shall provide the woman with HIV | ||||||
21 | counseling and recommend HIV
testing, unless she declines in |
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1 | writing or she has already received an HIV test during | ||||||
2 | pregnancy. HIV
testing shall be provided with the woman's | ||||||
3 | consent. A health care
professional shall
provide the | ||||||
4 | counseling and provide
recommend the testing as early in the | ||||||
5 | woman's pregnancy
as
possible. For women at continued risk of | ||||||
6 | exposure to HIV infection in the
judgment
of the health care | ||||||
7 | professional, a repeat test should be recommended late in
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8 | pregnancy or at the time of labor and delivery. The health care | ||||||
9 | professional shall inform the pregnant woman that, should she | ||||||
10 | refuse HIV testing during pregnancy, her newborn infant will be | ||||||
11 | tested for HIV. The
counseling , offer of testing, and whether | ||||||
12 | the woman accepted or declined testing
recommendation of | ||||||
13 | testing shall be documented in the woman's medical
record.
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14 | (b) Every health care professional or facility that cares | ||||||
15 | for a pregnant
woman
during
labor or delivery shall provide the | ||||||
16 | woman with HIV counseling and recommend
HIV
testing unless she | ||||||
17 | refuses in writing . HIV
testing
shall be provided with the | ||||||
18 | woman's consent. No counseling or offer of testing
is
required | ||||||
19 | if
already provided during the woman's pregnancy. The | ||||||
20 | counseling , whether the woman accepted or declined testing, and | ||||||
21 | offer of
testing shall be
documented in the woman's medical | ||||||
22 | record. The health care facility shall adopt a policy that | ||||||
23 | provides that as soon as possible within medical standards | ||||||
24 | after the infant's birth, the mother's HIV test result, if | ||||||
25 | available, shall be noted in the newborn infant's medical | ||||||
26 | record. It shall also be noted in the newborn infant's medical |
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1 | record if the mother's HIV test result is not available because | ||||||
2 | she has not been tested or has declined testing. Any testing or | ||||||
3 | test results shall be
documented in accordance with the AIDS | ||||||
4 | Confidentiality Act.
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5 | (c) Every health care professional or facility caring for a | ||||||
6 | newborn infant
shall, upon
delivery or as soon as possible | ||||||
7 | within medical standards after the infant's birth, provide
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8 | counseling to the
parent or
guardian of the infant and perform | ||||||
9 | rapid HIV testing on the infant, when the HIV status of the
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10 | infant's mother is unknown.
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11 | (d) The counseling required under this Section must be | ||||||
12 | provided in
accordance with
the
AIDS Confidentiality Act and | ||||||
13 | must include the following:
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14 | (1) For the health of the pregnant woman, the | ||||||
15 | requirement that HIV testing be performed unless it is | ||||||
16 | declined in writing.
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17 | (2) A woman's right to decline testing and how to do so | ||||||
18 | and the voluntary nature of the testing and the benefits of | ||||||
19 | HIV testing, including the
prevention of
transmission.
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20 | (3)
(2) The benefit of HIV testing for the newborn | ||||||
21 | infant, including
interventions
to
prevent
HIV | ||||||
22 | transmission.
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23 | (4)
(3) The side effects of interventions to prevent | ||||||
24 | HIV transmission.
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25 | (5)
(4) The statutory confidentiality provisions that | ||||||
26 | relate to HIV and
acquired
immune
deficiency syndrome |
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1 | ("AIDS") testing.
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2 | (e) Notwithstanding any other provision of law, including, | ||||||
3 | but not limited to the AIDS Confidentiality Act, consent for | ||||||
4 | HIV testing of a pregnant woman is established when: | ||||||
5 | (1) the pregnant woman signs a general consent for | ||||||
6 | prenatal or medical care that includes: | ||||||
7 | (A) specific information regarding HIV testing; | ||||||
8 | and | ||||||
9 | (B) the option to decline such testing in writing; | ||||||
10 | and | ||||||
11 | (2) the counseling as set forth in subsection (d) of | ||||||
12 | this Section and the AIDS Confidentiality Act has been | ||||||
13 | provided; and | ||||||
14 | (3) the pregnant woman has not declined the testing in | ||||||
15 | writing.
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16 | All counseling and testing must be performed in accordance with | ||||||
17 | the
standards set forth in the AIDS Confidentiality Act, | ||||||
18 | including the written informed consent provisions of Sections | ||||||
19 | 4, 7, and 8 of that Act, with the exception of
the requirement | ||||||
20 | of consent for testing of newborn infants. | ||||||
21 | Consent for
testing of a newborn infant shall be presumed | ||||||
22 | when a health care professional
or health care
facility seeks | ||||||
23 | to perform a test on a newborn infant whose mother's HIV status
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24 | is not known, provided that the counseling required under | ||||||
25 | subsection (d) of this Section and the AIDS Confidentiality Act
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26 | has taken place.
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1 | (f) The Illinois Department of Public Health shall adopt | ||||||
2 | necessary rules to
implement this Act.
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3 | (Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)
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4 | (410 ILCS 335/15) | ||||||
5 | Sec. 15. Reporting. | ||||||
6 | (a) A health care facility shall adopt a policy that | ||||||
7 | provides that a report of a preliminarily HIV-positive woman | ||||||
8 | and a report of a preliminarily HIV-exposed newborn infant | ||||||
9 | identified by a rapid HIV test conducted during labor and | ||||||
10 | delivery or after delivery shall be made to the Department's | ||||||
11 | Perinatal HIV Hotline within 24 hours after birth. Section 15 | ||||||
12 | of the AIDS Confidentiality Act applies to reporting under this | ||||||
13 | Act, except that the immunities set forth in that Section do | ||||||
14 | not apply in cases of willful or wanton misconduct. | ||||||
15 | (b) The Department shall adopt rules specifying the | ||||||
16 | information required in reporting the preliminarily | ||||||
17 | HIV-positive woman and preliminarily HIV-exposed newborn | ||||||
18 | infant and the method of reporting. In adopting the rules, the | ||||||
19 | Department shall consider the need for information, | ||||||
20 | protections for the privacy and confidentiality of the infant | ||||||
21 | and parents, the need to provide access to care and follow-up | ||||||
22 | services to the infant, and procedures for destruction of | ||||||
23 | records maintained by the Department if, through subsequent HIV | ||||||
24 | testing, the woman or newborn infant is found to be | ||||||
25 | HIV-negative. |
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1 | (c) The confidentiality provisions of the AIDS | ||||||
2 | Confidentiality Act shall apply to the reports of cases of | ||||||
3 | perinatal HIV made pursuant to this Section. | ||||||
4 | (d) Health care facilities shall monthly report aggregate | ||||||
5 | statistics to the Department that include the number of | ||||||
6 | infected women who presented with known HIV status, the number | ||||||
7 | of pregnant women rapidly tested for HIV in labor and delivery, | ||||||
8 | the number of newborn infants rapidly tested for HIV-exposure, | ||||||
9 | the number of preliminarily HIV-positive pregnant women and | ||||||
10 | preliminarily HIV-exposed newborn infants identified, the | ||||||
11 | number of families referred to case management, and other | ||||||
12 | information the Department determines is necessary to measure | ||||||
13 | progress under the provisions of this Act. Health care | ||||||
14 | facilities must report the confirmatory test result when it | ||||||
15 | becomes available for each preliminarily positive rapid HIV | ||||||
16 | test performed on the woman and newborn.
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17 | (e) The Department or its authorized representative shall | ||||||
18 | provide case management services to the preliminarily positive | ||||||
19 | pregnant woman or the parent or guardian of the preliminarily | ||||||
20 | positive newborn infant to ensure access to treatment and care | ||||||
21 | and other services as appropriate if the parent or guardian has | ||||||
22 | consented to the services.
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23 | (f) Every health care facility caring for a newborn infant | ||||||
24 | whose mother had been diagnosed HIV positive prior to labor and | ||||||
25 | delivery shall report a case of perinatal HIV exposure in | ||||||
26 | accordance with the HIV/AIDS Registry Act, the Illinois |
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1 | Sexually Transmissible Disease Control Act, and rules to be | ||||||
2 | developed by the Department. If after 18 months from the date | ||||||
3 | that the report was submitted, a newborn infant is determined | ||||||
4 | to not have HIV or AIDS, the Department shall remove the | ||||||
5 | newborn infant's name from all reports, records, and files | ||||||
6 | collected or created under this subsection (f).
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7 | (Source: P.A. 94-910, eff. 6-23-06.)
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