Section 693.110  Examination and Treatment of Prisoners

a)         A local health department or the Department may enter any State, county or municipal detention facility located within its jurisdiction for the purpose of interviewing, examining, testing or treating any prisoner, detainee or parolee known to have or suspected of having an STI.  A detention facility shall cooperate with the local health department or the Department and provide the space necessary for interviewing, examining, testing or treating any prisoner, detainee or parolee known or suspected of having an STI.

b)         Interviewing, examination, testing or treatment shall be voluntary on the part of the prisoner, detainee or parolee, unless the Department obtains a court-issued warrant pursuant to Section 693.50 of this Part.  In cases of noncompliant behavior, the Department may also seek court-ordered isolation pursuant to Section 693.60 of this Part.

c)         Any health care professional attending or examining prisoners, detainees or parolees at detention facilities shall follow the reporting requirements of Section 693.30 of this Part, except that reporting to the local health department or Department, where applicable, shall be made within seven days after diagnosing or treating a reportable STI.  The superintendent or other administrator of the detention facility shall provide the health care professional with all reportable information required by the report form or this Part to ensure that a complete report is filed with the appropriate health authority.

d)         Nothing in this Section shall be construed as relieving the Department of Corrections or any county or municipality of their primary responsibility for providing medical services for prisoners under their jurisdiction, including treatment for STIs. (Section 9(b) of the Act)

e)         Subsections (a) and (b) do not apply to any examination, testing or treatment performed pursuant to Section 5-5-3(g) or (h) of the Unified Code of Corrections.  Section 5-5-3 of the Unified Code of Corrections requires HIV testing of defendants convicted under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, or Section 1 or 2 of the Hypodermic Syringes and Needles Act.

(Source:  Amended at 38 Ill. Reg. 20788, effective October 15, 2014)