HB0980ham002 95TH GENERAL ASSEMBLY

Rep. LaShawn K. Ford

Filed: 4/25/2007

09500HB0980ham002 LRB095 08268 RAS 35439 a

AMENDMENT TO HOUSE BILL 980

AMENDMENT NO. ______. Amend House Bill 980, AS AMENDED, immediately above the enacting clause by inserting the following:

"WHEREAS, The human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) are leading causes of illness and death; and

WHEREAS, Effective September 2006, the U.S. Centers for Disease Control and Prevention (CDC) revised its recommendations for HIV testing due to the changing demographics of the persons who have become infected since the 1980's, which include increasing proportions of persons less than 20 years of age, women, members of racial and ethnic minority populations, persons who reside outside metropolitan areas, and heterosexual men and women who frequently are unaware that they are at risk for HIV; and

WHEREAS, The CDC reports that prevention strategies that incorporate universal HIV screening have been highly effective and recommends screening for HIV infection for all persons 13 to 64 years of age; and

WHEREAS, It is declared to be the public policy of this State that HIV screening be conducted in accordance with the recommendations of the CDC and that the Department of Public Health shall develop and administer compliant policies and procedures for health care providers subject to State regulation, as well as related public health information and education programs; therefore"; and

by replacing everything after the enacting clause with the following:

"Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-317 as follows:

(20 ILCS 2310/2310-317 new)

Sec. 2310-317. HIV and AIDS testing. No later than January 1, 2008, the Department must implement the most current recommendations of the United States Centers for Disease Control and Prevention regarding HIV and AIDS testing.

Section 10. The AIDS Confidentiality Act is amended by changing Sections 3 and 4 as follows:

(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)

Sec. 3. When used in this Act:

(a) "Department" means the Illinois Department of Public Health.

(b) "AIDS" means acquired immunodeficiency syndrome.

(c) "HIV" means the Human Immunodeficiency Virus or any other identified causative agent of AIDS.

(d) (Blank). "Written informed consent" means an agreement in writing executed by the subject of a test or the subject's legally authorized representative without undue inducement or any element of force, fraud, deceit, duress or other form of constraint or coercion, which entails at least the following:

(1) a fair explanation of the test, including its purpose, potential uses, limitations and the meaning of its results; and

(2) a fair explanation of the procedures to be followed, including the voluntary nature of the test, the right to withdraw consent to the testing process at any time, the right to anonymity to the extent provided by law with respect to participation in the test and disclosure of test results, and the right to confidential treatment of information identifying the subject of the test and the results of the test, to the extent provided by law.

(e) "Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other health care institution, including any "health facility" as that term is defined in the Illinois Finance Authority Act.

(f) "Health care provider" means any health care professional, nurse, paramedic, psychologist or other person providing medical, nursing, psychological, or other health care services of any kind.

(f-5) "Health care professional" means (i) a licensed physician, (ii) a physician assistant to whom the physician assistant's supervising physician has delegated the provision of AIDS and HIV-related health services, (iii) an advanced practice registered nurse who has a written collaborative agreement with a collaborating physician which authorizes the provision of AIDS and HIV-related health services, (iv) a licensed dentist, (v) a licensed podiatrist, or (vi) an individual certified to provide HIV testing and counseling by a state or local public health department.

(g) "Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV, or of HIV infection.

(h) "Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility or other legal entity.

(Source: P.A. 93-205, eff. 1-1-04; 93-482, eff. 8-8-03; revised 9-12-03.)

(410 ILCS 305/4) (from Ch. 111 1/2, par. 7304)

Sec. 4. No person may order an HIV test without first notifying receiving the written informed consent of the subject of the test or the subject's legally authorized representative that the test shall be conducted. No person may be subject to undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion related to the performance of an HIV test.

(Source: P.A. 85-1248.)

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