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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Disease Testing for Public Safety Officials and Volunteers Act. | ||||||||||||||||||||||||
6 | Section 5. Definitions.
As used in this Act: | ||||||||||||||||||||||||
7 | "Blood or body fluids" means blood, saliva, amniotic fluid, | ||||||||||||||||||||||||
8 | pericardial fluid, peritoneal fluid, pleural fluid, synovial | ||||||||||||||||||||||||
9 | fluid, cerebrospinal fluid, semen, and vaginal secretions, and | ||||||||||||||||||||||||
10 | any body fluid visibly contaminated by blood. | ||||||||||||||||||||||||
11 | "Certified local health department" means a health | ||||||||||||||||||||||||
12 | department of a unit of local government that is certified | ||||||||||||||||||||||||
13 | under Section 600.210 of Part 600 of Title 77 of the Illinois | ||||||||||||||||||||||||
14 | Administrative Code (77 Illinois Administrative Code 600.210). | ||||||||||||||||||||||||
15 | "Communicable disease" means a disease that can be | ||||||||||||||||||||||||
16 | transmitted from person to person directly or indirectly, | ||||||||||||||||||||||||
17 | including diseases transmitted by blood or body fluid or any | ||||||||||||||||||||||||
18 | other communicable reportable diseases as established by the | ||||||||||||||||||||||||
19 | Department in Section 6.08 of the Hospital Licensing Act.
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20 | "Department" means the Department of Public Health. | ||||||||||||||||||||||||
21 | "Emergency service provider" means a local, State, or | ||||||||||||||||||||||||
22 | federal peace officer, firefighter, emergency medical | ||||||||||||||||||||||||
23 | technician-ambulance, emergency medical |
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1 | technician-intermediate, emergency medical | ||||||
2 | technician-paramedic, ambulance driver, or other medical or | ||||||
3 | first aid personnel rendering aid, or any agent or designee of | ||||||
4 | the foregoing. | ||||||
5 | "First aid volunteer" means a person who provides voluntary | ||||||
6 | emergency assistance or first aid medical care to an injured | ||||||
7 | person prior to the arrival of an emergency medical services | ||||||
8 | provider or public safety officer. | ||||||
9 | "Significant exposure" or "significantly exposed" means: | ||||||
10 | (1) exposure of the body of one person to the blood or | ||||||
11 | body fluids of another person by: | ||||||
12 | (A) percutaneous injury, including a needle stick, | ||||||
13 | cut with a sharp object or instrument, or a wound | ||||||
14 | resulting from a human bite, scratch, or similar force; | ||||||
15 | or | ||||||
16 | (B) contact with an open wound, mucous membrane, or | ||||||
17 | non-intact skin because of a cut, abrasion, | ||||||
18 | dermatitis, or other damage; or | ||||||
19 | (2) exposure that occurs by any other method of | ||||||
20 | transmission as defined by the Department. | ||||||
21 | Section 10. Petition. | ||||||
22 | (a) An emergency services provider or first aid volunteer | ||||||
23 | who is significantly exposed during the course of performing | ||||||
24 | his or her duties or during the course of performing emergency | ||||||
25 | assistance or first aid may: |
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1 | (1)
request that the person to whom the emergency | ||||||
2 | services provider or first aid volunteer was significantly | ||||||
3 | exposed voluntarily submit to testing; or | ||||||
4 | (2) petition the circuit court for an order requiring | ||||||
5 | that the person to whom the emergency services provider or | ||||||
6 | first aid volunteer was significantly exposed submit to | ||||||
7 | testing to determine the presence of a communicable disease | ||||||
8 | and that the results of that test be disclosed to the | ||||||
9 | petitioner by the Department. | ||||||
10 | (b) The petitioner shall file a petition with the circuit | ||||||
11 | court seeking an order to submit to testing and to disclose the | ||||||
12 | results in accordance with the provisions of this Section. The | ||||||
13 | petition shall be sealed upon filing and made accessible only | ||||||
14 | to the petitioner, the subject of the petition, and his or her | ||||||
15 | attorneys, upon court order. | ||||||
16 | (c) The petition described in subsection (b) shall be | ||||||
17 | accompanied by an affidavit in which the petitioner certifies | ||||||
18 | that the petitioner has been significantly exposed to the | ||||||
19 | person who is the subject of the petition and describes that | ||||||
20 | exposure. The petitioner shall submit to testing to determine | ||||||
21 | the presence of a disease when the petition is filed or within | ||||||
22 | 3 days after the petition is filed. | ||||||
23 | (d) The petitioner shall cause the petition required under | ||||||
24 | this Section to be served on the person who the petitioner is | ||||||
25 | requesting to be tested in a manner that will best preserve the | ||||||
26 | confidentiality of that person. |
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1 | (e) The court shall set a time for a hearing on the matter | ||||||
2 | within 10 days after the petition is filed and shall give the | ||||||
3 | petitioner and the person who is the subject of the petition | ||||||
4 | notice of the hearing at least 72 hours prior to the hearing. | ||||||
5 | The person who is the subject of the petition shall also be | ||||||
6 | notified that he or she may have an attorney present at the | ||||||
7 | hearing and that his or her attorney may examine and | ||||||
8 | cross-examine witnesses. The hearing shall be conducted in | ||||||
9 | camera. | ||||||
10 | (f) The circuit court may enter an order requiring that the | ||||||
11 | person submit to testing, including blood testing, for a | ||||||
12 | communicable disease if the court finds probable cause to | ||||||
13 | believe: | ||||||
14 | (1) the petitioner was significantly exposed; and
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15 | (2) the exposure occurred during the course of the | ||||||
16 | emergency services provider's duties or the provision of | ||||||
17 | emergency assistance or first aid by a first aid volunteer. | ||||||
18 | (g) The court may order that the specimen be obtained by | ||||||
19 | the use of reasonable force if the person who is the subject of | ||||||
20 | the petition is incarcerated. | ||||||
21 | (h) The court may order that additional testing be | ||||||
22 | conducted and that the person submit to that testing, as it | ||||||
23 | determines to be necessary and appropriate. | ||||||
24 | (i) The court is not required to order the person to submit | ||||||
25 | to a test under this Section if it finds that there is a | ||||||
26 | substantial reason, relating to the life or health of the |
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1 | person, not to enter the order. | ||||||
2 | (j) Upon order of the circuit court that a person submit to | ||||||
3 | testing for a communicable disease, that person shall report to | ||||||
4 | the designated certified local health department within 10 days | ||||||
5 | from the issuance of the order, and thereafter as designated by | ||||||
6 | the court, or be held in contempt of court.
The court shall | ||||||
7 | send the order to the Department and to the certified local | ||||||
8 | health department ordered to conduct the test.
The Department | ||||||
9 | and a certified local health department may disclose the test | ||||||
10 | results under a court order as provided in this Section. | ||||||
11 | (k) The certified local health department or the Department | ||||||
12 | shall inform the subject of the petition and the petitioner of | ||||||
13 | the results of the test and advise both parties that the test | ||||||
14 | results are confidential. That information shall be maintained | ||||||
15 | as confidential by all parties to the action. | ||||||
16 | (l) The court, its personnel, the process server, the | ||||||
17 | Department, certified local health department, and petitioner | ||||||
18 | shall maintain confidentiality of the name and any other | ||||||
19 | identifying information regarding the person tested and the | ||||||
20 | results of the test except as specifically authorized by this | ||||||
21 | Act.
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22 | (m) Except as provided in this subsection, the petitioner | ||||||
23 | shall remit payment for the testing and the analysis of the | ||||||
24 | specimen for the mandatory disease testing to the entity that | ||||||
25 | conducts the test. If the petitioner is an emergency services | ||||||
26 | provider, the agency that employs the emergency services |
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1 | provider shall remit payment for the testing and the analysis | ||||||
2 | of the specimen for the mandatory disease testing to the entity | ||||||
3 | that conducts the test. | ||||||
4 | (n) The entity that conducts the test shall cause the | ||||||
5 | specimen and the payment for the analysis of the specimen to be | ||||||
6 | delivered to the Department for analysis. | ||||||
7 | (o) If the subject of the petition is incarcerated, the | ||||||
8 | incarcerating authority shall either collect the specimen or | ||||||
9 | shall pay the expenses of having the person's specimen | ||||||
10 | collected.
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11 | Section 15. Confidentiality of test results.
Any person or | ||||||
12 | entity entitled to receive confidential information under this | ||||||
13 | Act, other than the person tested and identified in the | ||||||
14 | information, who violates any provision of this Act by | ||||||
15 | releasing or making public that confidential information, or by | ||||||
16 | otherwise breaching the confidentiality requirements of this | ||||||
17 | Act, is guilty of a Class B misdemeanor.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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