Human Services Committee

Filed: 3/7/2007

 

 


 

 


 
09500HB1759ham001 LRB095 09579 KBJ 32695 a

1
AMENDMENT TO HOUSE BILL 1759

2     AMENDMENT NO. ______. Amend House Bill 1759 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Perinatal HIV Prevention Act is amended by
5 changing Section 10 as follows:
 
6     (410 ILCS 335/10)
7     Sec. 10. HIV counseling and offer of HIV testing required.
8     (a) Every health care professional who provides health care
9 services to a pregnant woman shall provide the woman with HIV
10 counseling and perform recommend HIV testing in accordance with
11 the Centers for Disease Control and Prevention's Revised
12 Recommendations for HIV Testing of Adults, Adolescents, and
13 Pregnant Women in Health-Care Settings (September 22, 2006),
14 unless she has already received an HIV test during pregnancy or
15 she refuses to take the test. Every health care professional
16 who provides health care services to a pregnant woman must test

 

 

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1 the woman for HIV as early in the woman's current pregnancy as
2 possible, unless she has already received an HIV test during
3 the current pregnancy or objects to the test. Every health care
4 professional who provides health care services to a pregnant
5 woman, prior to providing an HIV test, must provide the
6 pregnant woman with oral or written information included in
7 subsection (d) and inform the woman of her right to refuse the
8 test. Every health care professional who provides health care
9 services to a pregnant woman shall not perform HIV testing on
10 that woman after she has refused the test, unless she withdraws
11 her refusal. HIV testing shall be provided with the woman's
12 consent. A health care professional shall provide the
13 counseling and recommend the testing as early in the woman's
14 pregnancy as possible. For women at continued risk of exposure
15 to HIV infection in the judgment of the health care
16 professional, a repeat test should be provided recommended late
17 in pregnancy or at the time of labor and delivery, unless the
18 woman refuses to the test. The health care professional shall
19 inform the pregnant woman that, should she refuse HIV testing
20 during her current pregnancy, her newborn infant will be tested
21 for HIV. The provision of pre-test information and any refusal
22 relating to testing counseling and recommendation of testing
23 shall be documented in the woman's medical record.
24     (b) Every health care professional or facility that cares
25 for a pregnant woman during labor or delivery shall provide the
26 woman with HIV counseling and recommend HIV testing, unless she

 

 

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1 refuses to the testing. HIV testing shall be non-coercive
2 provided with the woman's consent. No counseling or offer of
3 testing is required if already provided during the woman's
4 current pregnancy. The provision of pre-test information or
5 refusal of testing counseling and offer of testing shall be
6 documented in the woman's medical record. The health care
7 facility shall adopt a policy that provides that as soon as
8 possible within medical standards after the infant's birth, the
9 mother's HIV test result, if available, shall be noted in the
10 newborn infant's medical record. It shall also be noted in the
11 newborn infant's medical record if the mother's HIV test result
12 is not available because she has not been tested or has refused
13 declined testing. Any testing or test results shall be
14 documented in accordance with the Centers for Disease Control
15 and Prevention's Revised Recommendations for HIV Testing of
16 Adults, Adolescents, and Pregnant Women in Health-Care
17 Settings (September 22, 2006) AIDS Confidentiality Act.
18     (c) Every health care professional or facility caring for a
19 newborn infant shall, upon delivery or as soon as possible
20 within medical standards after the infant's birth, provide
21 pre-test information counseling to the parent or guardian of
22 the infant and perform rapid HIV testing on the infant, when
23 the HIV status of the infant's mother is unknown.
24     (d) The pre-test information counseling required under
25 this Section must be provided in accordance with the Centers
26 for Disease Control and Prevention's Revised Recommendations

 

 

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1 for HIV Testing of Adults, Adolescents, and Pregnant Women in
2 Health-Care Settings (September 22, 2006) AIDS Confidentiality
3 Act and must include the following:
4         (1) For the health of the pregnant woman, the voluntary
5     nature of the testing (the right to refuse HIV testing) and
6     the benefits of HIV testing, including the prevention of
7     transmission.
8         (2) The benefit of HIV testing for the newborn infant,
9     including interventions to prevent HIV transmission.
10         (3) The side effects of interventions to prevent HIV
11     transmission.
12         (4) The statutory confidentiality provisions that
13     relate to HIV and acquired immune deficiency syndrome
14     ("AIDS") testing.
15     (e) All prenatal information counseling and testing must be
16 performed in accordance with the standards set forth in the
17 Centers for Disease Control and Prevention's Revised
18 Recommendations for HIV Testing of Adults, Adolescents, and
19 Pregnant Women in Health-Care Settings (September 22, 2006)
20 AIDS Confidentiality Act, including the written informed
21 consent provisions of Sections 4, 7, and 8 of that Act, with
22 the exception of the requirement of consent for testing of
23 newborn infants. No additional process or written
24 documentation of informed consent beyond what is required for
25 other routine prenatal tests is required for HIV testing.
26 Consent for testing of a newborn infant shall be presumed when

 

 

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1 a health care professional or health care facility seeks to
2 perform a test on a newborn infant whose mother's HIV status is
3 not known, provided that the provision of the pre-test
4 information counseling required under subsection (d) has taken
5 place.
6     (f) The Illinois Department of Public Health shall adopt
7 necessary rules to implement this Act.
8 (Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)".