Full Text of HB1759 95th General Assembly
HB1759ham002 95TH GENERAL ASSEMBLY
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Rep. Mary E. Flowers
Filed: 4/17/2007
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| AMENDMENT TO HOUSE BILL 1759
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| AMENDMENT NO. ______. Amend House Bill 1759, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Perinatal HIV Prevention Act is amended by | 6 |
| 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 | 10 |
| services to a
pregnant
woman shall provide the woman with HIV | 11 |
| counseling and recommend HIV
testing, unless she declines in | 12 |
| writing or she has already received an HIV test during | 13 |
| pregnancy. HIV
testing shall be provided with the woman's | 14 |
| consent. A health care
professional shall
provide the | 15 |
| counseling and provide
recommend the testing as early in the | 16 |
| 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 | 2 |
| 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 | 4 |
| professional shall inform the pregnant woman that, should she | 5 |
| refuse HIV testing during pregnancy, her newborn infant will be | 6 |
| tested for HIV. The
counseling , offer of testing, and whether | 7 |
| the woman accepted or declined testing
recommendation of | 8 |
| testing shall be documented in the woman's medical
record.
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| (b) Every health care professional or facility that cares | 10 |
| for a pregnant
woman
during
labor or delivery shall provide the | 11 |
| woman with HIV counseling and recommend
HIV
testing unless she | 12 |
| refuses in writing . HIV
testing
shall be provided with the | 13 |
| woman's consent. No counseling or offer of testing
is
required | 14 |
| if
already provided during the woman's pregnancy. The | 15 |
| counseling , whether the woman accepted or declined testing, and | 16 |
| offer of
testing shall be
documented in the woman's medical | 17 |
| record. The health care facility shall adopt a policy that | 18 |
| provides that as soon as possible within medical standards | 19 |
| after the infant's birth, the mother's HIV test result, if | 20 |
| available, shall be noted in the newborn infant's medical | 21 |
| record. It shall also be noted in the newborn infant's medical | 22 |
| record if the mother's HIV test result is not available because | 23 |
| she has not been tested or has declined testing. Any testing or | 24 |
| test results shall be
documented in accordance with the AIDS | 25 |
| 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 | 2 |
| within medical standards after the infant's birth, provide
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| counseling to the
parent or
guardian of the infant and perform | 4 |
| 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 | 7 |
| provided in
accordance with
the
AIDS Confidentiality Act and | 8 |
| must include the following:
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| (1) For the health of the pregnant woman, the | 10 |
| requirement that HIV testing be performed unless it is | 11 |
| declined in writing.
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| (2) A woman's right to decline testing and how to do so | 13 |
| and the voluntary nature of the testing and the benefits of | 14 |
| HIV testing, including the
prevention of
transmission.
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| (3)
(2) The benefit of HIV testing for the newborn | 16 |
| infant, including
interventions
to
prevent
HIV | 17 |
| transmission.
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| (4)
(3) The side effects of interventions to prevent | 19 |
| HIV transmission.
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| (5)
(4) The statutory confidentiality provisions that | 21 |
| relate to HIV and
acquired
immune
deficiency syndrome | 22 |
| ("AIDS") testing.
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| (e) Notwithstanding any other provision of law, including, | 24 |
| but not limited to the AIDS Confidentiality Act, consent for | 25 |
| HIV testing of a pregnant women is established when: | 26 |
| (1) the pregnant women signs a general consent for |
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| prenatal or medical care that includes: | 2 |
| (A) specific information regarding HIV testing; | 3 |
| and | 4 |
| (B) the option to decline such testing in writing; | 5 |
| and | 6 |
| (2) the counseling as set forth in subsection (d) of | 7 |
| this Section and the AIDS Confidentiality Act has been | 8 |
| provided; and | 9 |
| (3) the pregnant woman has not declined the testing in | 10 |
| writing.
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| All counseling and testing must be performed in accordance with | 12 |
| the
standards set forth in the AIDS Confidentiality Act, | 13 |
| including the written informed consent provisions of Sections | 14 |
| 4, 7, and 8 of that Act, with the exception of
the requirement | 15 |
| of consent for testing of newborn infants. | 16 |
| Consent for
testing of a newborn infant shall be presumed | 17 |
| when a health care professional
or health care
facility seeks | 18 |
| 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 | 20 |
| subsection (d) of this Section and the AIDS Confidentiality Act
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| has taken place.
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| (f) The Illinois Department of Public Health shall adopt | 23 |
| 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. | 2 |
| (a) A health care facility shall adopt a policy that | 3 |
| provides that a report of a preliminarily HIV-positive woman | 4 |
| and a report of a preliminarily HIV-exposed newborn infant | 5 |
| identified by a rapid HIV test conducted during labor and | 6 |
| delivery or after delivery shall be made to the Department's | 7 |
| Perinatal HIV Hotline within 24 hours after birth. Section 15 | 8 |
| of the AIDS Confidentiality Act applies to reporting under this | 9 |
| Act, except that the immunities set forth in that Section do | 10 |
| not apply in cases of willful or wanton misconduct. | 11 |
| (b) The Department shall adopt rules specifying the | 12 |
| information required in reporting the preliminarily | 13 |
| HIV-positive woman and preliminarily HIV-exposed newborn | 14 |
| infant and the method of reporting. In adopting the rules, the | 15 |
| Department shall consider the need for information, | 16 |
| protections for the privacy and confidentiality of the infant | 17 |
| and parents, the need to provide access to care and follow-up | 18 |
| services to the infant, and procedures for destruction of | 19 |
| records maintained by the Department if, through subsequent HIV | 20 |
| testing, the woman or newborn infant is found to be | 21 |
| HIV-negative. | 22 |
| (c) The confidentiality provisions of the AIDS | 23 |
| Confidentiality Act shall apply to the reports of cases of | 24 |
| perinatal HIV made pursuant to this Section. | 25 |
| (d) Health care facilities shall monthly report aggregate | 26 |
| statistics to the Department that include the number of |
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| infected women who presented with known HIV status, the number | 2 |
| of pregnant women rapidly tested for HIV in labor and delivery, | 3 |
| the number of newborn infants rapidly tested for HIV-exposure, | 4 |
| the number of preliminarily HIV-positive pregnant women and | 5 |
| preliminarily HIV-exposed newborn infants identified, the | 6 |
| number of families referred to case management, and other | 7 |
| information the Department determines is necessary to measure | 8 |
| progress under the provisions of this Act. Health care | 9 |
| facilities must report the confirmatory test result when it | 10 |
| becomes available for each preliminarily positive rapid HIV | 11 |
| test performed on the woman and newborn.
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| (e) The Department or its authorized representative shall | 13 |
| provide case management services to the preliminarily positive | 14 |
| pregnant woman or the parent or guardian of the preliminarily | 15 |
| positive newborn infant to ensure access to treatment and care | 16 |
| and other services as appropriate if the parent or guardian has | 17 |
| consented to the services.
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| (f) Every health care facility caring for a newborn infant | 19 |
| whose mother had been diagnosed HIV positive prior to labor and | 20 |
| delivery shall report a case of perinatal HIV exposure in | 21 |
| accordance with the HIV/AIDS Registry Act, the Illinois | 22 |
| Sexually Transmissible Disease Control Act, and rules to be | 23 |
| developed by the Department. If after 18 months from the date | 24 |
| that the report was submitted, a newborn infant is determined | 25 |
| to not have HIV or AIDS, the Department shall remove the | 26 |
| 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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