Full Text of HB1759 95th General Assembly
HB1759ham001 95TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 3/7/2007
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| AMENDMENT TO HOUSE BILL 1759
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| AMENDMENT NO. ______. Amend House Bill 1759 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Perinatal HIV Prevention Act is amended by | 5 |
| changing Section 10 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 | 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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| 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
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| shall be documented in the woman's medical
record.
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| (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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| refuses to the testing . HIV
testing
shall be non-coercive
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| provided with the woman's consent . No counseling or offer of
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| 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
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| 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
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| declined testing. Any testing or test results shall be
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| 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 .
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| (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
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| 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.
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| (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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| 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:
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| (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
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| transmission.
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| (2) The benefit of HIV testing for the newborn infant, | 9 |
| including
interventions
to
prevent
HIV transmission.
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| (3) The side effects of interventions to prevent HIV | 11 |
| transmission.
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| (4) The statutory confidentiality provisions that | 13 |
| relate to HIV and
acquired
immune
deficiency syndrome | 14 |
| ("AIDS") testing.
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| (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)
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| 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.
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| Consent for
testing of a newborn infant shall be presumed when |
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| 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.
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| (f) The Illinois Department of Public Health shall adopt | 7 |
| 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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