[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB0941
410 ILCS 305/7 from Ch. 111 1/2, par. 7307
410 ILCS 305/9 from Ch. 111 1/2, par. 7309
Amends the AIDS Confidentiality Act. With respect to
provisions (i) exempting health care providers, health
facility employees, firefighters, and EMTs from requirement
of informed consent by test subject and (ii) authorizing
disclosure of test results to health care providers, health
facility employees, firefighters, EMTs, and law enforcement
officers: eliminates requirement that a physician, in his
medical judgment, determine that a skin or mucous membrane
contact is of a nature that may transmit HIV. Authorizes
disclosure of test results to a referring, treating, or
consulting physician of the test subject. Provides that no
civil or criminal liability under the Act shall be imposed
for disclosure of test results to a health care provider by
another health care provider acting in good faith.
LRB9003960DJbd
LRB9003960DJbd
1 AN ACT to amend the AIDS Confidentiality Act by changing
2 Sections 7 and 9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The AIDS Confidentiality Act is amended by
6 changing Sections 7 and 9 as follows:
7 (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
8 Sec. 7. (a) Notwithstanding the provisions of Sections
9 4, 5 and 6 of this Act, written informed consent is not
10 required for a health care provider or health facility to
11 perform a test when the health care provider or health
12 facility procures, processes, distributes or uses a human
13 body part donated for a purpose specified under the Uniform
14 Anatomical Gift Act, or semen provided prior to the effective
15 date of this Act for the purpose of artificial insemination,
16 and such a test is necessary to assure medical acceptability
17 of such gift or semen for the purposes intended.
18 (b) Written informed consent is not required for a
19 health care provider or health facility to perform a test
20 when a health care provider or employee of a health facility,
21 or a firefighter or an EMT-A or, EMT-I or EMT-P, is involved
22 in an accidental direct skin or mucous membrane contact with
23 the blood or bodily fluids of an individual which is of a
24 nature that may transmit HIV, as determined by a physician in
25 his medical judgment. Should such test prove to be positive,
26 the patient and the health care provider, health facility
27 employee, firefighter, EMT-A, EMT-I, or EMT-P shall be
28 provided appropriate counseling consistent with this Act.
29 (c) Written informed consent is not required for a
30 health care provider or health facility to perform a test
31 when a law enforcement officer is involved in the line of
-2- LRB9003960DJbd
1 duty in a direct skin or mucous membrane contact with the
2 blood or bodily fluids of an individual which is of a nature
3 that may transmit HIV, as determined by a physician in his
4 medical judgment. Should such test prove to be positive, the
5 patient shall be provided appropriate counseling consistent
6 with this Act. For purposes of this subsection (c), "law
7 enforcement officer" means any person employed by the State,
8 a county or a municipality as a policeman, peace officer,
9 auxiliary policeman, correctional officer or in some like
10 position involving the enforcement of the law and protection
11 of the public interest at the risk of that person's life.
12 (Source: P.A. 86-887; 86-891; 86-1028; 87-459.)
13 (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
14 Sec. 9. No person may disclose or be compelled to
15 disclose the identity of any person upon whom a test is
16 performed, or the results of such a test in a manner which
17 permits identification of the subject of the test, except to
18 the following persons:
19 (a) The subject of the test or the subject's legally
20 authorized representative. A physician may notify the spouse
21 of the test subject, if the test result is positive and has
22 been confirmed by a Western Blot Assay or more reliable test,
23 provided that the physician has first sought unsuccessfully
24 to persuade the patient to notify the spouse or that, a
25 reasonable time after the patient has agreed to make the
26 notification, the physician has reason to believe that the
27 patient has not provided the notification. This paragraph
28 shall not create a duty or obligation under which a physician
29 must notify the spouse of the test results, nor shall such
30 duty or obligation be implied. No civil liability or criminal
31 sanction under this Act shall be imposed for any disclosure
32 or non-disclosure of a test result to a spouse by a physician
33 acting in good faith under this paragraph. For the purpose
-3- LRB9003960DJbd
1 of any proceedings, civil or criminal, the good faith of any
2 physician acting under this paragraph shall be presumed.
3 (b) Any person designated in a legally effective release
4 of the test results executed by the subject of the test or
5 the subject's legally authorized representative.
6 (c) An authorized agent or employee of a health facility
7 or health care provider or referring, treating, or consulting
8 physician of the test subject, if the health facility or
9 health care provider itself is authorized to obtain the test
10 results, the agent or employee or referring, treating, or
11 consulting physician of the test subject provides patient
12 care or handles or processes specimens of body fluids or
13 tissues, and the agent or employee or referring, treating, or
14 consulting physician of the test subject has a need to know
15 such information. An authorized agent or employee of a health
16 facility or health care provider or a referring, treating, or
17 consulting physician has a need to know the identity of the
18 patient or the test results revealing the identity of the
19 patient under the following circumstances:
20 (1) When involved in direct patient care or
21 processing blood or body fluids.
22 (2) As necessary in order to meet the health care
23 needs of the client.
24 (3) When involved in an accidental direct skin or
25 mucous membrane contact with the blood or body fluids of
26 a patient which is of a nature likely to transmit HIV,
27 such as a needle stick or percutaneous exposure.
28 No civil liability or criminal sanction under this Act
29 shall be imposed for any disclosure of a test result to a
30 health care provider by another health care provider acting
31 in good faith under this subsection. For the purpose of any
32 civil or criminal proceeding, the good faith of any health
33 care provider acting under this subsection shall be presumed.
34 (d) The Department, in accordance with rules for
-4- LRB9003960DJbd
1 reporting and controlling the spread of disease, as otherwise
2 provided by State law. Neither the Department nor its
3 authorized representatives shall disclose information and
4 records held by them relating to known or suspected cases of
5 AIDS or HIV infection, publicly or in any action of any kind
6 in any court or before any tribunal, board, or agency. AIDS
7 and HIV infection data shall be protected from disclosure in
8 accordance with the provisions of Sections 8-2101 through
9 8-2105 of the Code of Civil Procedure.
10 (e) A health facility or health care provider which
11 procures, processes, distributes or uses: (i) a human body
12 part from a deceased person with respect to medical
13 information regarding that person; or (ii) semen provided
14 prior to the effective date of this Act for the purpose of
15 artificial insemination.
16 (f) Health facility staff committees for the purposes of
17 conducting program monitoring, program evaluation or service
18 reviews.
19 (g) (Blank).
20 (h) Any health care provider or employee of a health
21 facility, and any firefighter or EMT-A, EMT-P, or EMT-I,
22 involved in an accidental direct skin or mucous membrane
23 contact with the blood or bodily fluids of an individual
24 which is of a nature that may transmit HIV, as determined by
25 a physician in his medical judgment.
26 (i) Any law enforcement officer, as defined in
27 subsection (c) of Section 7, involved in the line of duty in
28 a direct skin or mucous membrane contact with the blood or
29 bodily fluids of an individual which is of a nature that may
30 transmit HIV, as determined by a physician in his medical
31 judgment.
32 (j) A temporary caretaker of a child taken into
33 temporary protective custody by the Department of Children
34 and Family Services pursuant to Section 5 of the Abused and
-5- LRB9003960DJbd
1 Neglected Child Reporting Act, as now or hereafter amended.
2 (k) In the case of a minor under 18 years of age whose
3 test result is positive and has been confirmed by a Western
4 Blot Assay or a more reliable test, the health care provider
5 who ordered the test shall make a reasonable effort to notify
6 the minor's parent or legal guardian if, in the professional
7 judgement of the health care provider, notification would be
8 in the best interest of the child and the health care
9 provider has first sought unsuccessfully to persuade the
10 minor to notify the parent or legal guardian or a reasonable
11 time after the minor has agreed to notify the parent or legal
12 guardian, the health care provider has reason to believe that
13 the minor has not made the notification. This subsection
14 shall not create a duty or obligation under which a health
15 care provider must notify the minor's parent or legal
16 guardian of the test results, nor shall a duty or obligation
17 be implied. No civil liability or criminal sanction under
18 this Act shall be imposed for any notification or
19 non-notification of a minor's test result by a health care
20 provider acting in good faith under this subsection. For the
21 purpose of any proceeding, civil or criminal, the good faith
22 of any health care provider acting under this subsection
23 shall be presumed.
24 (Source: P.A. 88-45; 89-381, eff. 8-18-95.)