HB5298 97TH GENERAL ASSEMBLY

LRB097 17961 RPM 63184 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5298

Introduced 2/8/2012, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

410 ILCS 315/2a

from Ch. 111 1/2, par. 22.12a

Amends the Communicable Disease Prevention Act. Makes changes to the provision concerning children of school age who are reported as having been diagnosed as having AIDS or HIV. Provides that the information contained in the notification to be required of the Department of Public Health with regard to a child enrolled in a public school in kindergarten through fifth grade who is diagnosed as being infected with HIV must not be recorded in the child's permanent record. Provides that if the information is in the child's permanent school record, the information must be purged from the child's record before the child enters the sixth grade. Provides that if the child is enrolled in a public school, the principal shall disclose (instead of disclose the identity of the child) to the superintendent of the school district in which the child resides and specifies that the disclosure shall be that a child has been infected with HIV. Provides that all provisions of the AIDS Confidentiality Act shall apply, including penalties for violation of that Act.

A BILL FOR

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Communicable Disease Prevention Act is amended by changing Section 2a as follows:

(410 ILCS 315/2a) (from Ch. 111 1/2, par. 22.12a)

Sec. 2a. If a child is diagnosed as being infected with human immunodeficiency virus (HIV), the virus that causes AIDS, Whenever a child of school age is reported to the Illinois Department of Public Health or a local health department as having been diagnosed as having acquired immune deficiency syndrome (AIDS) or human immunodeficiency virus (HIV) based upon case definitions established by the United States Centers for Disease Control and Prevention or as having been shown to have been exposed to human immunodeficiency virus (HIV) or any other identified causative agent of AIDS by testing positive on a reliable test based upon recommendations of the United States Centers for Disease Control and Prevention, and is enrolled in a public school in kindergarten through fifth grade, then the Department of Public Health or a local health department such department shall give prompt and confidential notice of the identity of the child to the principal of the school in which the child is enrolled. The information contained in the notification must not be recorded in the child's permanent record. However, if this information is in the child's permanent school record, the information must be purged from the child's record before the child enters the sixth grade. If the child is enrolled in a public school, the principal shall disclose the identity of the child to the superintendent of the school district in which the child resides that a child has been infected with HIV.

The principal may, as necessary, disclose the identity of an infected child to:

(1) the school nurse at that school;

(2) the classroom teachers in whose classes the child is enrolled; and

(3) those persons who, pursuant to federal or state law, are required to decide the placement or educational program of the child.

In addition, the principal may inform such other persons as may be necessary that an infected child is enrolled at that school, so long as the child's identity is not revealed. All provisions of the AIDS Confidentiality Act shall apply, including penalties for violation of the Act.

(Source: P.A. 97-244, eff. 8-4-11.)