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| Public Act 094-0102 |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The AIDS Confidentiality Act is amended by | ||||
changing Section 9 as follows:
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(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
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Sec. 9. No person may disclose or be compelled to disclose | ||||
the
identity of any person upon whom a test is performed, or | ||||
the results of
such a test in a manner which permits | ||||
identification of the subject of the
test, except to the | ||||
following persons:
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(a) The subject of the test or the subject's legally
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authorized representative. A physician may notify the spouse of | ||||
the
test subject, if the test result is positive and has been | ||||
confirmed
pursuant to rules adopted by the Department, provided | ||||
that the physician has
first sought unsuccessfully to persuade | ||||
the patient to notify the spouse or
that, a reasonable time | ||||
after the patient has agreed to make the
notification, the | ||||
physician has reason to believe that the patient has not
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provided the notification. This paragraph shall not create a | ||||
duty or
obligation under which a physician must notify the | ||||
spouse of the test
results, nor shall such duty or obligation | ||||
be implied. No civil liability
or criminal sanction under this | ||||
Act shall be imposed for any disclosure or
non-disclosure of a | ||||
test result to a spouse by a physician acting in good
faith | ||||
under this paragraph. For the purpose of any proceedings, civil | ||||
or
criminal, the good faith of any physician acting under this | ||||
paragraph shall
be presumed.
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(b) Any person designated in a legally effective release of | ||||
the test
results executed by the subject of the test or the | ||||
subject's legally
authorized representative.
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(c) An authorized agent or employee of a health facility or | ||||
health care
provider if the health facility or health care | ||
provider itself is
authorized to obtain the test results, the | ||
agent or employee provides
patient care or handles or processes | ||
specimens of body fluids or tissues,
and the agent or employee | ||
has a need to know such information.
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(d) The Department and local health authorities serving a | ||
population of over 1,000,000 residents or other local health | ||
authorities as designated by the Department, in accordance with | ||
rules for reporting and
controlling the spread of disease, as | ||
otherwise provided by State law.
Neither the
The Department,
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nor
local health authorities, and
its authorized | ||
representatives shall not disclose
information and records | ||
held by them relating to known or suspected cases of
AIDS or | ||
HIV infection, publicly or in any action of any kind in any | ||
court or
before any tribunal, board, or agency. AIDS and HIV | ||
infection data shall be
protected from disclosure in accordance | ||
with the provisions of Sections 8-2101
through 8-2105 of the | ||
Code of Civil Procedure.
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(e) A health facility or health care provider which | ||
procures, processes,
distributes or uses: (i) a human body part | ||
from a deceased person
with respect to medical information | ||
regarding that person; or (ii) semen
provided prior to the | ||
effective date of this Act for the purpose of
artificial | ||
insemination.
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(f) Health facility staff committees for the purposes of | ||
conducting
program monitoring, program evaluation or service | ||
reviews.
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(g) (Blank).
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(h) Any health care provider or employee of a health | ||
facility, and any
firefighter or EMT-A, EMT-P, or EMT-I, | ||
involved in an accidental direct
skin or mucous membrane | ||
contact with the blood or bodily fluids of an
individual which | ||
is of a nature that may transmit HIV, as determined by a
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physician in his medical judgment.
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(i) Any law enforcement officer, as defined in subsection | ||
(c) of
Section 7, involved in the line of duty in a direct skin | ||
or mucous membrane
contact with the blood or bodily fluids of | ||
an individual which is of a
nature that may transmit HIV, as | ||
determined by a physician in his medical
judgment.
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(j) A temporary caretaker of a child taken into temporary | ||
protective
custody by the Department of Children and Family | ||
Services pursuant to Section 5
of the Abused and Neglected | ||
Child Reporting Act, as now or hereafter amended.
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(k) In the case of a minor under 18 years of age whose test | ||
result is
positive and has been confirmed
pursuant to rules | ||
adopted by the Department, the health care provider who ordered | ||
the test shall make a reasonable
effort to notify the minor's | ||
parent or legal guardian if, in the
professional judgement of | ||
the health care provider, notification would be
in the best | ||
interest of the child and the health care provider has first
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sought unsuccessfully to persuade the minor to notify the | ||
parent or legal
guardian or a reasonable time after the minor | ||
has agreed to notify
the parent or legal guardian, the health | ||
care provider has reason to
believe that the minor has not made | ||
the notification. This subsection
shall not create a duty or | ||
obligation under which a health care provider
must notify the | ||
minor's parent or legal guardian of the test results, nor
shall | ||
a duty or obligation be implied. No civil liability or criminal | ||
sanction
under this Act shall be imposed for any notification | ||
or non-notification of a
minor's test result by a health care | ||
provider acting in good faith under this
subsection. For the | ||
purpose of any proceeding, civil or criminal, the good
faith of | ||
any health care provider acting under this subsection shall be
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presumed.
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(Source: P.A. 93-482, eff. 8-8-03.)
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Section 10. The AIDS Registry Act is amended by changing | ||
the title of the Act and Sections 1, 2, 3, and 4 as follows:
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(410 ILCS 310/Act title)
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An Act to create an HIV/AIDS Registry, and to amend certain | ||
Acts in relation to AIDS.
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(410 ILCS 310/1) (from Ch. 111 1/2, par. 7351)
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Sec. 1. This Act shall be known and may be cited as the | ||
"HIV/AIDS
Registry Act".
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(Source: P.A. 85-929.)
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(410 ILCS 310/2) (from Ch. 111 1/2, par. 7352)
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Sec. 2. The General Assembly finds that:
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(1) More complete and precise statistical data than are | ||
presently
available are necessary to evaluate HIV and
AIDS | ||
treatment and prevention measures that are currently | ||
available; and
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(2) The creation of an HIV/AIDS registry will provide a | ||
vital foundation
for a concerted State effort to reduce the | ||
incidence of HIV and AIDS in
this State.
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(Source: P.A. 85-929.)
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(410 ILCS 310/3) (from Ch. 111 1/2, par. 7353)
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Sec. 3. For the purposes of this Act, unless the context | ||
requires otherwise:
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(a) "AIDS" means acquired immunodeficiency syndrome, as | ||
defined by the
Centers for Disease Control or the National | ||
Institutes of Health.
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(b) (Blank).
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(c) "Department" means the Illinois Department of Public | ||
Health.
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(d) "Director" means the Director of Public Health.
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(e) "HIV" means human immunodeficiency virus, as defined by | ||
the Centers for Disease Control and Prevention or the National | ||
Institutes of Health.
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(f) "Registry" means an official record of reported HIV and | ||
AIDS cases.
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(Source: P.A. 92-84, eff. 7-1-02.)
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(410 ILCS 310/4) (from Ch. 111 1/2, par. 7354)
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Sec. 4. (a) The Department shall establish and maintain an | ||
HIV/AIDS
Registry consisting of a record of cases of HIV and
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AIDS which
occur in Illinois, and such information concerning | ||
those cases as it deems
necessary or appropriate in order to | ||
conduct thorough and complete
epidemiological surveys of HIV | ||
and AIDS in
Illinois, and to evaluate existing control and | ||
prevention measures. Cases
included in the Registry shall be | ||
identified by a code rather than by name.
To the extent | ||
feasible, the Registry shall be compatible with other
national | ||
models so as to facilitate the coordination of information with | ||
other
data bases.
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(b) To facilitate the collection of information relating to | ||
cases of HIV and
AIDS, the Department shall have the authority | ||
to
require hospitals, laboratories and other facilities which | ||
diagnose
such conditions to report cases of HIV and AIDS to the | ||
Department or a local health authority if the local health | ||
authority serves a population of over 1,000,000 citizens or if | ||
the local health authority has been designated by the | ||
Department to collect such information,
and to require the | ||
submission of such other information pertaining to or in
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connection with such reported cases as the Department deems | ||
necessary or
appropriate for the purposes of this Act. The | ||
Department may promulgate
rules or regulations specifying the | ||
types of information required,
requirements for follow up of | ||
patients, frequency of reporting, methods of
submitting such | ||
information and any other details deemed by the Department
to | ||
be necessary or appropriate for the administration of this Act. | ||
Nothing
in this Act shall be construed to compel any individual | ||
to submit to a
medical examination or supervision.
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(c) The Director shall by rule establish standards for | ||
ensuring the
protection of information made confidential or | ||
privileged under law.
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(Source: P.A. 92-84, eff. 7-1-02.)
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