Illinois General Assembly - Bill Status for HB0980

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that by January 1, 2008, the Department of Public Health shall promulgate rules for all health care facilities subject to licensure, certification, registration, or other regulation by the Department requiring compliance with the recommendations of the U.S. Centers for Disease Control and Prevention concerning human immunodeficiency virus (HIV) testing. Provides that the Department shall conduct a public information campaign for health care providers not subject to regulation by the Department, including physicians, health facilities, public health departments, other public and private health care providers, laboratories, and the general public regarding the importance to the public health of conducting HIV screening in health care settings. Provides that the Department shall create and administer a training program for health care providers who have a need for understanding matters relating to HIV and AIDS in accordance with the CDC recommendations. Provides that this training may be made available to public employees and the employees of private agencies and that the Department may charge fees to cover the actual costs of the training. Provides that the Department shall recommend and approve tests or testing procedures used in determining, preventing, and controlling HIV and AIDS. Effective immediately.

Replaces everything after the enacting clause. Amends the AIDS Confidentiality Act. Deletes the definition of "written informed consent" and replaces it with a definition of "informed consent", meaning a written or verbal agreement 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 includes certain pre-test information. Provides that no person may order a test for human immunodeficiency virus (HIV) without first receiving the documented informed consent of the subject of the test or the subject's legally authorized representative. Provides that a health care facility or provider may offer opt-out HIV testing, where the subject or the subject's legally authorized representative is informed that the subject will be tested for HIV unless he or she refuses. Provides that the health care facility or provider must document the provision of informed consent, including pre-test information, and whether the subject or the subject's legally authorized representative declined the offer of HIV testing. Provides that any individual seeking an HIV test shall have the right to anonymous testing, unless identification of the test subject is otherwise required. Provides that anonymous testing shall be performed after pre-test information is provided and informed consent is obtained, using a coded system that does not link individual identity with the request or result. Provides that a health care facility or health care provider that does not provide anonymous testing shall refer an individual requesting an anonymous test to a site where it is available. Deletes all references to written informed consent. Provides that the Department of Public Health shall develop rules regarding the delivery of HIV test results to patients. Provides that the subject of the test or the subject's legally authorized representative shall be notified by personal contact whenever possible of the confirmed positive result of an HIV test. Provides that the Department shall conduct training, technical assistance, and outreach activities, as needed, to implement routine HIV testing in healthcare medical settings. Makes other changes.

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