Public Act 100-0270
 
HB3002 EnrolledLRB100 06109 MJP 16141 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as the 
Infectious Disease Testing Act.
 
    Section 5. Definitions. Definitions. As used in this Act:
    "Health care provider" has the meaning ascribed to it under 
HIPAA, as specified in 45 CFR 160.103.
    "Health facility" means a hospital, nursing home, blood 
bank, blood center, sperm bank, or other health care 
institution, including any "health facility" as that term is 
defined in the Illinois Finance Authority Act.
    "HIPAA" means the Health Insurance Portability and 
Accountability Act of 1996, Public Law 104-191, as amended by 
the Health Information Technology for Economic and Clinical 
Health Act of 2009, Public Law 111-05, and any subsequent 
amendments thereto and any regulations promulgated thereunder.
    "Law enforcement officer" means any person employed by the 
State, a county, or a municipality as a policeman, peace 
officer, auxiliary policeman, or correctional officer or in 
some like position involving the enforcement of the law and 
protection of the public interest at the risk of that person's 
life.
  
 
    Section 10. Infectious disease testing.  An individual 
shall be required to submit to a test to detect an infectious 
disease upon the request of a health care provider, employee of 
a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic, 
firefighter, or law enforcement officer who, accidentally or in 
the line of duty, comes into direct skin or mucous membrane 
contact with the blood or bodily fluids of the individual that 
is of a nature that may transmit an infectious disease, as 
determined by a physician in his or her medical judgment.
    Informed consent is not required for a health care provider 
or health facility to perform a test on an individual to detect 
an infectious disease when a health care provider, employee of 
a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic, 
firefighter, or law enforcement officer who, accidentally or in 
the line of duty, comes into direct skin or mucous membrane 
contact with the blood or bodily fluids of the individual that 
is of a nature that may transmit an infectious disease, as 
determined by a physician in his or her medical judgment.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.