Public Act 102-0185
 
HB0739 EnrolledLRB102 02799 CPF 12807 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Sexually Transmissible Disease 
Control Act is amended  by changing Section 6 as follows:
 



    (410 ILCS 325/6)  (from Ch. 111 1/2, par. 7406)



    Sec. 6. Physical examination and treatment. 

    (a) Subject to the provisions of subsection (c) of this 
Section, the
Department and its authorized representatives may 
examine or cause to be
examined persons reasonably believed to 
be infected with or to have been
exposed to a sexually 
transmissible disease.

    (b) Subject to the provisions of subsection (c) of this 
Section, persons
with a sexually transmissible disease shall 
report for complete treatment to a
physician licensed under 
the provisions of the Medical Practice Act of
1987, or shall 
submit to treatment at a facility provided by a local health

authority or other public facility, as the Department shall 
require by rule or
regulation until the disease is 
noncommunicable or the Department determines
that the person 
does not present a real and present danger to the public

health.  This subsection (b) shall not be construed to require 
the Department
or local health authorities to pay for or 
provide such treatment.

    (c) No person shall be apprehended, examined or treated 
for a sexually
transmissible disease against his will, under 
the provisions of this Act,
except upon the presentation of a 
warrant duly authorized by a court of
competent jurisdiction.  
In requesting the issuance of such a warrant the
Department 
shall show by a preponderance of evidence that the person is

infectious and that a real and present danger to the public 
health and
welfare exists unless such warrant is issued and 
shall show that all other
reasonable means of obtaining 
compliance have been exhausted and that no
other less 
restrictive alternative is available.  The court shall require

any proceedings authorized by this subsection (c) to be 
conducted in
camera.  A record shall be made of such 
proceedings but shall be sealed,
impounded and preserved in 
the records of the court, to be made available
to the reviewing 
court in the event of an appeal.

    (d) Any person who knowingly or maliciously disseminates 
any false
information or report concerning the existence of 
any sexually
transmissible disease under this Section is 
guilty of a Class A misdemeanor.

    (e)  Taking into account the recommendations of the U.S. 
Centers for Disease Control and Prevention and other 
nationally recognized medical authorities, the Department 
shall provide information and technical assistance as 
appropriate to health care professionals who provide expedited 
partner therapy services for persons with sexually 
transmissible diseases.
        (1) Notwithstanding any other provision of law, a 
    health care professional who makes a clinical diagnosis of 
    chlamydia, or gonorrhea, or trichomoniasis may prescribe, 
    dispense, furnish, or otherwise provide prescription 
    antibiotic drugs to the infected person's sexual partner 
    or partners for the treatment of the sexually 
    transmissible disease without physical examination of the 
    partner or partners, if in the judgment of the health care 
    professional the partner is unlikely or unable to present 
    for comprehensive healthcare, including evaluation, 
    testing, and treatment for sexually transmissible 
    diseases.  Expedited partner therapy shall be limited to 
    partners who may have been exposed to a sexually 
    transmissible disease within the previous 60 days, if the 
    patient is able to contact the partner.
        (2) Health care professionals who provide expedited 
    partner therapy shall comply with Sections 4 and 5 of the 
    Illinois Sexually Transmissible Disease Control Act.
        (3) Health care professionals who provide expedited 
    partner therapy shall provide counseling for the patient 
    and written materials provided by the Department to be 
    given by the patient to the partner or partners that 
    include at a minimum the following:
            (A) a warning that a woman who is pregnant or might 
        be pregnant must not take certain antibiotics and must 
        immediately contact a health care professional for an 
        examination, and a recommendation for such an 
        examination;
            (B) information about the antibiotic and dosage 
        provided or prescribed;  clear and explicit allergy and 
        side effect warnings, including a warning that a 
        partner who has a history of allergy to the antibiotic 
        or the pharmaceutical class of antibiotic must not 
        take the antibiotic and must be immediately examined 
        by a health care professional, and a recommendation 
        for such an examination; 
            (C) information about the treatment and prevention 
        of sexually transmissible diseases; 
            (D) the requirement of abstinence until a period 
        of time after treatment to prevent infecting others;
            (E) notification of the importance of the partner 
        or partners of the patient to receive  examination and 
        testing for HIV and other sexually transmissible 
        diseases, and available resources;
            (F) notification of the risk to self, others, and 
        the public health if the sexually transmissible 
        disease is not completely and successfully treated;
            (G) the responsibility of the partner or partners 
        to inform his or her sex partner or partners of the 
        risk of sexually transmissible disease and the 
        importance of prompt examination and treatment; and 
            (H) other information as deemed necessary by the 
        Department. 
        (4) The Department shall develop and disseminate in 
    electronic and other formats the following written 
    materials:
            (A) informational materials for partners, as 
        required in item (3) of this subsection (e);
            (B) informational materials for persons who are 
        repeatedly diagnosed with sexually transmissible 
        diseases; and
            (C) guidance for health care professionals on the 
        safe and effective provision of expedited partner 
        therapy. 
        The Department may offer educational programs about 
    expedited partner therapy for health care professionals 
    and pharmacists licensed under the Pharmacy Practice Act. 
        (5) A health care professional prescribing, 
    dispensing, furnishing, or otherwise providing in good 
    faith without fee or compensation prescription antibiotics 
    to partners under this subsection (e) and providing 
    counseling and written materials as required by item (3) 
    of this subsection (e) shall not be subject to civil or 
    professional liability, except for willful and wanton 
    misconduct. A health care professional shall not be 
    subject to civil or professional liability for choosing 
    not to provide expedited partner therapy.
        (6) A pharmacist or pharmacy shall not be subject to 
    civil or professional liability for choosing not to fill a 
    prescription that would cause the pharmacist or pharmacy 
    to violate any provision of the Pharmacy Practice Act, 
    including the definition of "prescription" set forth in 
    subsection (e) of Section 3 of the Pharmacy Practice Act 
    or the definition of "drug regimen review" set forth in 
    subsection (y) of Section 3 of the Pharmacy Practice Act. 
(Source: P.A. 96-613, eff. 1-1-10.)