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HB1759 Enrolled |
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LRB095 09579 KBJ 29779 b |
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| AN ACT concerning public health.
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| WHEREAS, The majority of children who are infected with |
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| human immunodeficiency virus (HIV) acquire the virus from their |
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| mothers during pregnancy; and |
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| WHEREAS, More than one million Americans are infected with |
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| HIV, and 40,000 new cases of HIV occur each year; and |
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| WHEREAS, More than one-quarter of persons with HIV do not |
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| know they are infected and contribute to up to 70% of new cases |
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| of HIV each year; and |
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| WHEREAS, Pregnant women, particularly women of color, are |
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| at high risk for acquiring HIV, but often do not know they |
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| carry the risk of transmitting the virus to their newborns; and |
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| WHEREAS, More than 99% of mother-to-newborn transmissions |
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| of HIV can be prevented if a pregnant woman is tested for HIV |
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| and treated with medications before the birth of her child; and |
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| WHEREAS, National recommendations for preventing |
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| mother-to-newborn HIV infection from authorities, including |
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| the Institute of Medicine, the Centers for Disease Control and |
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| Prevention, the American College of Obstetricians and |
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| Gynecologists, the American Academy of Pediatrics, the |
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| Presidential Advisory Council on HIV/AIDS, and the National |
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HB1759 Enrolled |
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LRB095 09579 KBJ 29779 b |
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| Congress of Black Women, indicate that the most effective way |
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| to prevent mother-to-newborn HIV transmission is through |
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| routine prenatal testing of all pregnant women with the right |
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| to refuse; and |
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| WHEREAS, Nearly 300 babies have been born with HIV in |
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| Illinois since 1994 since it was demonstrated that prenatal HIV |
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| testing and treatment can prevent mother-to-newborn HIV |
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| infection; and |
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| WHEREAS, The earlier in a pregnancy a woman is identified |
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| as having HIV, the greater the opportunity to provide her with |
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| more effective care for herself and prevent transmission of HIV |
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| to her newborn; therefore |
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Perinatal HIV Prevention Act is amended by |
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| changing Sections 10 and 15 as follows:
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| (410 ILCS 335/10)
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| Sec. 10. HIV counseling and offer of HIV testing required.
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| (a) Every health care professional who provides health care |
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| services to a
pregnant
woman shall provide the woman with HIV |
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| counseling and recommend HIV
testing, unless she declines in |
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HB1759 Enrolled |
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LRB095 09579 KBJ 29779 b |
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| writing or she has already received an HIV test during |
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| pregnancy. HIV
testing shall be provided with the woman's |
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| consent. A health care
professional shall
provide the |
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| counseling and provide
recommend the testing as early in the |
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| woman's pregnancy
as
possible. For women at continued risk of |
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| exposure to HIV infection in the
judgment
of the health care |
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| professional, a repeat test should be recommended late in
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| pregnancy or at the time of labor and delivery. The health care |
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| professional shall inform the pregnant woman that, should she |
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| refuse HIV testing during pregnancy, her newborn infant will be |
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| tested for HIV. The
counseling , offer of testing, and whether |
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| the woman accepted or declined testing
recommendation of |
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| testing shall be documented in the woman's medical
record.
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| (b) Every health care professional or facility that cares |
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| for a pregnant
woman
during
labor or delivery shall provide the |
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| woman with HIV counseling and recommend
HIV
testing unless she |
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| refuses in writing . HIV
testing
shall be provided with the |
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| woman's consent. No counseling or offer of testing
is
required |
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| if
already provided during the woman's pregnancy. The |
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| counseling , whether the woman accepted or declined testing, and |
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| offer of
testing shall be
documented in the woman's medical |
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| record. The health care facility shall adopt a policy that |
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| provides that as soon as possible within medical standards |
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| after the infant's birth, the mother's HIV test result, if |
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| available, shall be noted in the newborn infant's medical |
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| record. It shall also be noted in the newborn infant's medical |
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HB1759 Enrolled |
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LRB095 09579 KBJ 29779 b |
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| record if the mother's HIV test result is not available because |
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| she has not been tested or has declined testing. Any testing or |
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| test results shall be
documented in accordance with the AIDS |
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| Confidentiality Act.
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| (c) Every health care professional or facility caring for a |
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| newborn infant
shall, upon
delivery or as soon as possible |
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| within medical standards after the infant's birth, provide
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| counseling to the
parent or
guardian of the infant and perform |
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| rapid HIV testing on the infant, when the HIV status of the
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| infant's mother is unknown.
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| (d) The counseling required under this Section must be |
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| provided in
accordance with
the
AIDS Confidentiality Act and |
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| must include the following:
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| (1) For the health of the pregnant woman, the |
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| requirement that HIV testing be performed unless it is |
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| declined in writing.
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| (2) A woman's right to decline testing and how to do so |
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| and the voluntary nature of the testing and the benefits of |
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| HIV testing, including the
prevention of
transmission.
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| (3)
(2) The benefit of HIV testing for the newborn |
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| infant, including
interventions
to
prevent
HIV |
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| transmission.
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| (4)
(3) The side effects of interventions to prevent |
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| HIV transmission.
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| (5)
(4) The statutory confidentiality provisions that |
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| relate to HIV and
acquired
immune
deficiency syndrome |
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HB1759 Enrolled |
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LRB095 09579 KBJ 29779 b |
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| ("AIDS") testing.
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| (e) Notwithstanding any other provision of law, including, |
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| but not limited to the AIDS Confidentiality Act, consent for |
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| HIV testing of a pregnant woman is established when: |
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| (1) the pregnant woman signs a general consent for |
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| prenatal or medical care that includes: |
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| (A) specific information regarding HIV testing; |
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| and |
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| (B) the option to decline such testing in writing; |
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| and |
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| (2) the counseling as set forth in subsection (d) of |
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| this Section and the AIDS Confidentiality Act has been |
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| provided; and |
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| (3) the pregnant woman has not declined the testing in |
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| writing.
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| All counseling and testing must be performed in accordance with |
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| the
standards set forth in the AIDS Confidentiality Act, |
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| including the written informed consent provisions of Sections |
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| 4, 7, and 8 of that Act, with the exception of
the requirement |
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| of consent for testing of newborn infants. |
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| Consent for
testing of a newborn infant shall be presumed |
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| when a health care professional
or health care
facility seeks |
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| to perform a test on a newborn infant whose mother's HIV status
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| is not known, provided that the counseling required under |
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| subsection (d) of this Section and the AIDS Confidentiality Act
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| has taken place.
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HB1759 Enrolled |
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LRB095 09579 KBJ 29779 b |
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| (f) The Illinois Department of Public Health shall adopt |
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| necessary rules to
implement this Act.
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| (Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)
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| (410 ILCS 335/15) |
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| Sec. 15. Reporting. |
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| (a) A health care facility shall adopt a policy that |
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| provides that a report of a preliminarily HIV-positive woman |
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| and a report of a preliminarily HIV-exposed newborn infant |
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| identified by a rapid HIV test conducted during labor and |
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| delivery or after delivery shall be made to the Department's |
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| Perinatal HIV Hotline within 24 hours after birth. Section 15 |
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| of the AIDS Confidentiality Act applies to reporting under this |
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| Act, except that the immunities set forth in that Section do |
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| not apply in cases of willful or wanton misconduct. |
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| (b) The Department shall adopt rules specifying the |
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| information required in reporting the preliminarily |
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| HIV-positive woman and preliminarily HIV-exposed newborn |
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| infant and the method of reporting. In adopting the rules, the |
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| Department shall consider the need for information, |
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| protections for the privacy and confidentiality of the infant |
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| and parents, the need to provide access to care and follow-up |
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| services to the infant, and procedures for destruction of |
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| records maintained by the Department if, through subsequent HIV |
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| testing, the woman or newborn infant is found to be |
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| HIV-negative. |
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HB1759 Enrolled |
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LRB095 09579 KBJ 29779 b |
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| (c) The confidentiality provisions of the AIDS |
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| Confidentiality Act shall apply to the reports of cases of |
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| perinatal HIV made pursuant to this Section. |
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| (d) Health care facilities shall monthly report aggregate |
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| statistics to the Department that include the number of |
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| infected women who presented with known HIV status, the number |
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| of pregnant women rapidly tested for HIV in labor and delivery, |
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| the number of newborn infants rapidly tested for HIV-exposure, |
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| the number of preliminarily HIV-positive pregnant women and |
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| preliminarily HIV-exposed newborn infants identified, the |
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| number of families referred to case management, and other |
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| information the Department determines is necessary to measure |
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| progress under the provisions of this Act. Health care |
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| facilities must report the confirmatory test result when it |
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| becomes available for each preliminarily positive rapid HIV |
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| test performed on the woman and newborn.
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| (e) The Department or its authorized representative shall |
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| provide case management services to the preliminarily positive |
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| pregnant woman or the parent or guardian of the preliminarily |
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| positive newborn infant to ensure access to treatment and care |
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| and other services as appropriate if the parent or guardian has |
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| consented to the services.
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| (f) Every health care facility caring for a newborn infant |
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| whose mother had been diagnosed HIV positive prior to labor and |
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| delivery shall report a case of perinatal HIV exposure in |
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| accordance with the HIV/AIDS Registry Act, the Illinois |
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HB1759 Enrolled |
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LRB095 09579 KBJ 29779 b |
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| Sexually Transmissible Disease Control Act, and rules to be |
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| developed by the Department. If after 18 months from the date |
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| that the report was submitted, a newborn infant is determined |
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| to not have HIV or AIDS, the Department shall remove the |
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| newborn infant's name from all reports, records, and files |
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| collected or created under this subsection (f).
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| (Source: P.A. 94-910, eff. 6-23-06.)
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