Public Act 100-0265
 
HB2800 EnrolledLRB100 08550 MJP 18675 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Perinatal HIV Prevention Act is amended  by 
changing Sections 5, 10, 15, 30, and 35 as follows:
 



    (410 ILCS 335/5)


    Sec. 5. Definitions. In this Act:

    "Birth center" means a facility licensed by the Department 
under paragraph (6) of Section 35 of the Alternative Health 
Care Delivery Act. 
    "Department" means the Department of Public Health.

    "Health care professional" means a physician licensed to 
practice
medicine in all its branches, a licensed physician 
assistant, or a licensed
advanced
practice nurse.

    "Health care facility" or "facility" means any hospital, 
birth center, or other
institution that is licensed or 
otherwise authorized to deliver health care
services.

    "Health care services" means any prenatal medical care or 
labor or
delivery services to a pregnant woman and her newborn 
infant, including
hospitalization.

    "Opt-out testing" means an approach in which an HIV test is 
offered to the patient, such that the patient is notified that 
HIV testing may occur unless the patient opts out by declining 
the test. 
    "Third trimester" means the 27th week of pregnancy through 
delivery. 
(Source: P.A. 99-173, eff. 7-29-15.)

 


    (410 ILCS 335/10)




    Sec. 10. HIV counseling and offer of HIV testing required. 

    (a) Every health care professional who provides health care 
services to a
pregnant
woman shall, unless she already has a 
negative HIV status has already been tested during the third 
trimester of the current pregnancy, or is already HIV-positive, 
provide the woman with HIV counseling, as described in subpart 
(d) of this Section, and shall test her for HIV on an opt-out 
basis unless she refuses.  The counseling and testing or refusal 
of testing shall comply with the requirements for informed 
consent in the AIDS Confidentiality Act and be documented in 
the pregnant woman's medical record as required by the AIDS 
Confidentiality Act. A refusal may be verbal or in writing.
      A health care
professional shall
provide the first opt-out 
HIV testing counseling and
recommend the testing as early in 
the woman's pregnancy
as
possible. The health care professional 
providing health care services to a pregnant woman in the third 
trimester shall perform a second round of opt-out HIV testing, 
ideally by the 36th week of pregnancy, unless the pregnant 
woman already has a negative HIV status from the third 
trimester of the current pregnancy, or is already HIV-positive. 
For women at continued risk of exposure to HIV infection in the

judgment
of the health care professional, a repeat test should 
be recommended late in
pregnancy or at the time of labor and 
delivery.  The
counseling and testing or refusal of testing
 
shall be documented in the woman's medical
record.

    (b) Every health care professional or facility that cares 
for a pregnant
woman
during
labor or delivery shall, unless she 
has already has a negative HIV status from been tested during 
the third trimester of the current pregnancy, or is already 
HIV-positive, provide the woman with HIV counseling, as 
described in subpart (d) of this Section,  and rapid opt-out

HIV

testing unless she refuses. The woman in labor or delivery may 
refuse the HIV test verbally or in writing. A refusal may be 
verbal or in writing. The counseling and testing or refusal of 
testing
 shall be
documented in the laboring or delivering 
woman's medical record. The health care facility shall adopt a 
policy that provides that as soon as possible within medical 
standards after the infant's birth, the delivering mother's HIV 
test result, if available, shall be noted in the newborn 
infant's medical record. It shall also be noted in the newborn 
infant's medical record if the mother's third trimester HIV 
test result is not available because she was not tested in the 
third trimester has not been tested or has declined testing. 
Any testing or test results shall be
documented in accordance 
with the AIDS Confidentiality Act.

    (c) Every health care professional or facility caring for a 
newborn infant
shall, upon
delivery or as soon as possible 
within medical standards after the infant's birth, provide

counseling as described in subsection (d) of this Section to 
the
parent or
guardian of the infant and perform rapid HIV 
testing on the infant, when the HIV status of the
infant's 
mother is unknown, or if the delivering woman did not undergo 
HIV testing in the third trimester of the current pregnancy.

    (d) The counseling required under this Section must be 
provided in
accordance with
the
AIDS Confidentiality Act and 
must include the following:


        (1) For the health of the pregnant woman, the
voluntary 
    nature of the testing, the benefits of HIV testing, 
    including the
prevention of
transmission, and the 
    requirement that HIV testing be performed unless she 
    refuses and the methods by which she can refuse.


        (2)
 The benefit of HIV testing for herself and the 
    newborn infant, including
interventions
to
prevent
HIV 
    transmission.


        (3)
 The side effects of interventions to prevent HIV 
    transmission.


        (4)
 The statutory confidentiality provisions that 
    relate to HIV and
acquired
immune
deficiency syndrome 
    ("AIDS") testing.

        (5) The requirement for mandatory testing of the 
    newborn if the mother's HIV status during the third 
    trimester of pregnancy is unknown and if the mother was not 
    rapidly tested for HIV at delivery at the time of delivery.
        (6) An explanation of the test, including its purpose, 
    limitations, and the meaning of its results.
        (7) An explanation of the procedures to be followed.
        (8) The availability of additional or confirmatory 
    testing, if appropriate. Counseling may be provided in 
    writing, verbally, or by video, electronic, or other means.  
    The pregnant or delivering woman must be offered an 
    opportunity to ask questions about testing and to decline 
    testing for herself.
    (e) All counseling and testing must be performed in 
accordance with the
standards set forth in the AIDS 
Confidentiality Act, including the informed consent provisions 
of Sections 4, 7, and 8 of that Act, with the exception of
the 
requirement of consent for testing of newborn infants.
     Consent for
testing of a newborn infant shall be presumed 
when a health care professional
or health care
facility seeks 
to perform a test on a newborn infant whose mother's HIV status

is not known either in the third trimester of pregnancy or at 
delivery, provided that the counseling required under 
subsection (d) of this Section and the AIDS Confidentiality Act

has taken place.

    (f) The Illinois Department of Public Health shall adopt 
necessary rules to
implement this Act by July 1, 2008.

(Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08.)

 
    (410 ILCS 335/15)
    Sec. 15. Reporting.
    (a) Health A health care facilities facility shall adopt a 
policy that provides that a report of a preliminarily 
HIV-positive woman identified by a rapid HIV test or and a 
report of a preliminarily HIV-exposed newborn infant 
identified by a rapid HIV test conducted during labor and 
delivery or after delivery shall be made to the Department's 
Perinatal HIV Hotline within 12 hours but not later than 24 
hours of the test result after birth.  Section 15 of the AIDS 
Confidentiality Act applies to reporting under this Act, except 
that the immunities set forth in that Section do not apply in 
cases of willful or wanton misconduct.
    (b) The Department shall adopt rules specifying the 
information required in reporting the preliminarily 
HIV-positive pregnant or post-partum woman and preliminarily 
HIV-exposed newborn infant and the method of reporting.  In 
adopting the rules, the Department shall consider the need for 
information, protections for the privacy and confidentiality 
of the infant and parents, the need to provide access to care 
and follow-up services to the infant, and procedures for 
destruction of records maintained by the Department if, through 
subsequent HIV testing, the pregnant or post-partum woman or 
newborn infant is found to be HIV-negative.
    (c) The confidentiality provisions of the AIDS 
Confidentiality Act shall apply to the reports of cases of  
perinatal HIV made pursuant to this Section.
    (d) Health care facilities shall monthly report aggregate 
statistics to the Department that include the number of 
pregnant or delivering infected women who presented with known 
HIV status; , the number of pregnant women rapidly tested for 
HIV in labor and delivery as either a first HIV test or a 
repeat third trimester HIV test; , the number of newborn infants 
rapidly tested for HIV-exposure because the HIV status of the 
delivering woman was unknown in the third trimester, or the 
delivering woman refused testing; , the number of preliminarily 
HIV-positive pregnant or delivering women and preliminarily 
HIV-exposed newborn infants identified; ,  the number of 
families referred to case management; , and other information 
the Department determines is necessary to measure progress 
under the provisions of this Act.  Health care facilities must 
report the confirmatory test result when it becomes available 
for each preliminarily positive rapid HIV test performed on the 
pregnant or delivering woman and on  a newborn.

    (e) The Department or its authorized representative shall 
provide case management services to the preliminarily positive 
pregnant or post-partum woman or the parent or guardian of the 
preliminarily positive newborn infant to ensure access to 
treatment and care and other services where the pregnant or 
post-partum woman or the as appropriate if the parent or 
guardian of the newborn infant has consented to the services.

    (f) Every health care facility caring for a newborn infant 
whose mother had been diagnosed HIV positive prior to labor and 
delivery shall report a case of perinatal HIV exposure in 
accordance with the HIV/AIDS Registry Act, the Illinois 
Sexually Transmissible Disease Control Act, and rules to be 
developed by the Department. If after 18 months from the date 
that the report was submitted, a newborn infant is determined 
to not have HIV or AIDS, the Department shall remove the 
newborn infant's name from all reports, records, and files 
collected or created under this subsection (f).

(Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08.)
 
    (410 ILCS 335/30)

    Sec. 30. Objections of parent or guardian to test. The 
provisions of this Act requiring testing for HIV shall not 
apply when a parent or guardian of a child objects to HIV 
testing thereto on the grounds that the test conflicts with the 
parent's his or her religious tenets and practices. A written 
statement of the objection shall be presented to the physician 
or other person whose duty it is to administer and report the 
tests under the provisions of this Act.

(Source: P.A. 94-910, eff. 6-23-06.)
 
    (410 ILCS 335/35)

    Sec. 35. Department report. The Department of Public Health  
shall prepare an annual report for the Governor and the General 
Assembly on the implementation of this Act that includes 
information on the number of HIV-positive pregnant women who 
presented with known HIV status, the number of pregnant women 
rapidly tested for HIV in labor and delivery, the number of 
newborn infants rapidly tested for HIV exposure, the number of 
preliminarily HIV-positive pregnant women and preliminarily 
HIV-exposed newborn infants identified, the confirmatory test 
result for each preliminarily positive rapid HIV test performed 
on the woman and newborn, the number of families referred to 
case management, and other information the Department 
determines is necessary to measure progress under the 
provisions of this Act.  The Department shall assess the needs 
of health care professionals and facilities for ongoing 
training in implementation of the provisions of this Act and 
make recommendations to improve the program.

(Source: P.A. 94-910, eff. 6-23-06.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.