HB1759ham001 95TH GENERAL ASSEMBLY

Human Services Committee

Filed: 3/7/2007

09500HB1759ham001 LRB095 09579 KBJ 32695 a

AMENDMENT TO HOUSE BILL 1759

AMENDMENT NO. ______. Amend House Bill 1759 by replacing everything after the enacting clause with the following:

"Section 5. The Perinatal HIV Prevention Act is amended by changing Section 10 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 perform 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 (September 22, 2006), unless she has already received an HIV test during pregnancy or she refuses to take the test. Every health care professional who provides health care services to a pregnant woman must test the woman for HIV as early in the woman's current pregnancy as possible, unless she has already received an HIV test during the current pregnancy or objects to the test. Every health care professional who provides health care services to a pregnant woman, prior to providing an HIV test, must provide the pregnant woman with oral or written information included in subsection (d) and inform the woman of her right to refuse the test. 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, unless she withdraws her refusal. HIV testing shall be provided with the woman's consent. A health care professional shall provide the counseling and recommend 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 provided recommended late in pregnancy or at the time of labor and delivery, unless the woman refuses to the test. The health care professional shall inform the pregnant woman that, should she refuse HIV testing during her current pregnancy, her newborn infant will be tested for HIV. The provision of pre-test information and any refusal relating to testing counseling and recommendation 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 recommend HIV testing, unless she refuses to the testing. HIV testing shall be non-coercive provided with the woman's consent. No counseling or offer of testing is required if already provided during the woman's current pregnancy. The provision of pre-test information or refusal of testing counseling and offer of testing shall be documented in the woman's medical record. The health care facility shall adopt a policy that provides that as soon as possible within medical standards after the infant's birth, the mother's HIV test result, if available, shall be noted in the newborn infant's medical record. It shall also be noted in the newborn infant's medical record if the mother's HIV test result is not available because she has not been tested or has refused declined testing. Any testing or test results shall be documented 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 (September 22, 2006) AIDS Confidentiality Act.

(c) Every health care professional or facility caring for a newborn infant shall, upon delivery or as soon as possible within medical standards after the infant's birth, provide pre-test information counseling to the parent or guardian of the infant and perform rapid HIV testing on the infant, when the HIV status of the infant's mother is unknown.

(d) The pre-test information counseling required under this Section must be provided 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 (September 22, 2006) AIDS Confidentiality Act and must include the following:

(1) For the health of the pregnant woman, the voluntary nature of the testing (the right to refuse HIV testing) and the benefits of HIV testing, 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.

(e) All prenatal information counseling and testing must be performed in accordance with the standards set forth in the Centers for Disease Control and Prevention's Revised Recommendations for HIV Testing of Adults, Adolescents, and Pregnant Women in Health-Care Settings (September 22, 2006) AIDS Confidentiality Act, including the written informed consent provisions of Sections 4, 7, and 8 of that Act, with the exception of the requirement of consent for testing of newborn infants. No additional process or written documentation of informed consent beyond what is required for other routine prenatal tests is required for HIV testing. 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 provision of the pre-test information counseling required under subsection (d) has taken place.

(f) The Illinois Department of Public Health shall adopt necessary rules to implement this Act.

(Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)".