SB3512sam001 98TH GENERAL ASSEMBLY

Sen. Andy Manar

Filed: 4/4/2014

09800SB3512sam001 LRB098 19554 MRW 57106 a

AMENDMENT TO SENATE BILL 3512

AMENDMENT NO. ______. Amend Senate Bill 3512 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Disease Testing for Public Safety Officials and Volunteers Act.

Section 5. Definitions. As used in this Act:

"Blood or body fluids" means blood, saliva, amniotic fluid, pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and vaginal secretions, and any body fluid visibly contaminated by blood.

"Certified local health department" means a health department of a unit of local government that is certified under Section 600.210 of Part 600 of Title 77 of the Illinois Administrative Code (77 Illinois Administrative Code 600.210).

"Communicable disease" means a disease that can be transmitted from person to person directly or indirectly, including diseases transmitted by blood or body fluid or any other communicable reportable diseases as established by the Department in Section 6.08 of the Hospital Licensing Act.

"Department" means the Department of Public Health.

"Emergency services provider" means a sheriff's law enforcement employee as defined under Section 7-109.3 of Article 7 of the Illinois Pension Code, law enforcement officer or fireman as defined under Section 2 of the Line of Duty Compensation Act, federal law enforcement officer as defined under Section 5 of the Federal Law Enforcement Officer Immunity Act, or medical personnel licensed under the Emergency Medical Services (EMS) Systems Act.

"First aid volunteer" means a person who provides voluntary emergency assistance or first aid medical care to an injured person prior to the arrival of an emergency medical services provider or public safety officer.

"Significant exposure" or "significantly exposed" means:

(1) exposure of the body of one person to the blood or body fluids of another person by:

(A) percutaneous injury, including a needle stick, cut with a sharp object or instrument, or a wound resulting from a human bite, scratch, or similar force; or

(B) contact with an open wound, mucous membrane, or non-intact skin because of a cut, abrasion, dermatitis, or other damage; or

(2) exposure that occurs by any other method of transmission as defined by the Department.

Section 10. Petition.

(a) An emergency services provider or first aid volunteer who is significantly exposed during the course of performing his or her duties or during the course of performing emergency assistance or first aid may:

(1) request that the person to whom the emergency services provider or first aid volunteer was significantly exposed voluntarily submit to testing; or

(2) petition the circuit court for an order requiring that the person to whom the emergency services provider or first aid volunteer was significantly exposed submit to testing to determine the presence of a communicable disease and that the results of that test be disclosed to the petitioner by the Department.

(b) The petitioner shall file a petition with the circuit court seeking an order to submit to testing and to disclose the results in accordance with the provisions of this Section. The petition shall be sealed upon filing and made accessible only to the petitioner, the subject of the petition, and his or her attorneys, upon court order.

(c) The petition described in subsection (b) shall be accompanied by an affidavit in which the petitioner certifies that the petitioner has been significantly exposed to the person who is the subject of the petition and describes that exposure. The petitioner shall submit to testing to determine the presence of a disease when the petition is filed or within 3 days after the petition is filed.

(d) The petitioner shall cause the petition required under this Section to be served on the person who the petitioner is requesting to be tested in a manner that will best preserve the confidentiality of that person.

(e) The court shall set a time for a hearing on the matter within 10 days after the petition is filed and shall give the petitioner and the person who is the subject of the petition notice of the hearing at least 72 hours prior to the hearing. The person who is the subject of the petition shall also be notified that he or she may have an attorney present at the hearing and that his or her attorney may examine and cross-examine witnesses. The hearing shall be conducted in camera.

(f) The circuit court may enter an order requiring that the person submit to testing, including blood testing, for a communicable disease if the court finds probable cause to believe:

(1) the petitioner was significantly exposed; and

(2) the exposure occurred during the course of the emergency services provider's duties or the provision of emergency assistance or first aid by a first aid volunteer.

(g) The court may order that the specimen be obtained by the use of reasonable force if the person who is the subject of the petition is incarcerated.

(h) The court may order that additional testing be conducted and that the person submit to that testing, as it determines to be necessary and appropriate.

(i) The court is not required to order the person to submit to a test under this Section if it finds that there is a substantial reason, relating to the life or health of the person, not to enter the order.

(j) Upon order of the circuit court that a person submit to testing for a communicable disease, that person shall report to the designated certified local health department within 10 days from the issuance of the order, and thereafter as designated by the court, or be held in contempt of court. The court shall send the order to the Department and to the certified local health department ordered to conduct the test. The Department and a certified local health department may disclose the test results under a court order as provided in this Section.

(k) The certified local health department or the Department shall inform the subject of the petition and the petitioner of the results of the test and advise both parties that the test results are confidential. That information shall be maintained as confidential by all parties to the action.

(l) The court, its personnel, the process server, the Department, certified local health department, and petitioner shall maintain confidentiality of the name and any other identifying information regarding the person tested and the results of the test except as specifically authorized by this Act.

(m) Except as provided in this subsection, the petitioner shall remit payment for the testing and the analysis of the specimen for the mandatory disease testing to the entity that conducts the test. If the petitioner is an emergency services provider, the agency that employs the emergency services provider shall remit payment for the testing and the analysis of the specimen for the mandatory disease testing to the entity that conducts the test.

(n) The entity that conducts the test shall cause the specimen and the payment for the analysis of the specimen to be delivered to the Department for analysis.

(o) If the subject of the petition is incarcerated, the incarcerating authority shall either collect the specimen or shall pay the expenses of having the person's specimen collected.

Section 15. Confidentiality of test results. Any person or entity entitled to receive confidential information under this Act, other than the person tested and identified in the information, who violates any provision of this Act by releasing or making public that confidential information, or by otherwise breaching the confidentiality requirements of this Act, is guilty of a Class B misdemeanor.

Section 99. Effective date. This Act takes effect upon becoming law.".