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| Public Act 094-0910 |
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AN ACT concerning public 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 Perinatal HIV Prevention Act is amended by | ||||
changing Sections 5 and 10 and by adding Sections 15, 20, 25, | ||||
30, and 35 as follows:
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(410 ILCS 335/5)
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Sec. 5. Definitions. In this Act:
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"Department" means the Department of Public Health.
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"Health care professional" means a physician licensed to | ||||
practice
medicine in all its branches, a physician assistant | ||||
who has been delegated the
provision of health services by his | ||||
or her supervising physician, or an
advanced
practice | ||||
registered nurse who has a written collaborative agreement with | ||||
a
collaborating physician that authorizes the provision of | ||||
health services.
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"Health care facility" or "facility" means any hospital or | ||||
other
institution that is licensed or otherwise authorized to | ||||
deliver health care
services.
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"Health care services" means any prenatal medical care or | ||||
labor or
delivery services to a pregnant woman and her newborn | ||||
infant, including
hospitalization.
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(Source: P.A. 93-566, eff. 8-20-03.)
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(410 ILCS 335/10)
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Sec. 10. HIV counseling and offer of HIV testing required.
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(a) Every health care professional who provides health care | ||||
services to a
pregnant
woman shall provide the woman with HIV | ||||
counseling and recommend
offer HIV
testing, unless she has | ||||
already received an HIV test during pregnancy. HIV
testing | ||||
shall be provided with the woman's consent. A health care
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professional shall
provide the counseling and recommend
offer | ||||
the testing as early in the woman's pregnancy
as
possible. For | ||
women at continued risk of exposure to HIV infection in the
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judgment
of the health care professional, a repeat test should | ||
be recommended
offered late in
pregnancy or at the time of | ||
labor and delivery. The health care professional shall inform | ||
the pregnant woman that, should she refuse HIV testing during | ||
pregnancy, her newborn infant will be tested for HIV. The
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counseling and recommendation
offer of testing shall be | ||
documented in the woman's medical
record.
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(b) Every health care professional or facility that cares | ||
for a pregnant
woman
during
labor or delivery shall provide the | ||
woman with HIV counseling and recommend
offer
HIV
testing. HIV
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testing
shall be provided with the woman's consent. No | ||
counseling or offer of testing
is
required if
already provided | ||
during the woman's pregnancy. The counseling and offer of
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testing shall be
documented in the 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 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 | ||
HIV test result is not available because she has not been | ||
tested or has declined testing. Any testing or test results | ||
shall be
documented in accordance with the AIDS Confidentiality | ||
Act.
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(c) Every health care professional or facility caring for a | ||
newborn infant
shall, upon
delivery or as soon as possible | ||
within medical standards
48 hours after the infant's birth, | ||
provide
counseling 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, if the parent or guardian does | ||
not refuse. The
health
care professional or facility shall | ||
document in the woman's medical record that
counseling and the | ||
offer of testing were given, and that no written refusal was
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given.
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(d) The counseling required under this Section must be | ||
provided in
accordance with
the
AIDS Confidentiality Act and | ||
must include the following:
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(1) For the health of the pregnant woman, the voluntary | ||
nature of the testing and the
The benefits of HIV testing,
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for the pregnant woman, including the
prevention of
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transmission.
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(2) The benefit of HIV testing for the newborn infant, | ||
including
interventions
to
prevent
HIV transmission.
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(3) The side effects of interventions to prevent HIV | ||
transmission.
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(4) The statutory confidentiality provisions that | ||
relate to HIV and
acquired
immune
deficiency syndrome | ||
("AIDS") testing.
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(5) The voluntary nature of the testing, including the | ||
opportunity to
refuse
testing of a newborn infant in | ||
writing.
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(e) All counseling and testing must be performed in | ||
accordance with the
standards set forth in the AIDS | ||
Confidentiality Act, including the written 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
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facility seeks to perform a test on a newborn infant whose | ||
mother's HIV status
is not known, provided that the counseling | ||
required under subsection (d)
has taken place and the newborn | ||
infant's parent or guardian has not indicated
in
writing that | ||
he or she refuses to allow the newborn infant to receive HIV
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testing.
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(f) The Illinois Department of Public Health shall adopt | ||
necessary rules to
implement this Act.
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(Source: P.A. 93-566, eff. 8-20-03.)
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(410 ILCS 335/15 new) | ||
Sec. 15. Reporting. | ||
(a) A health care facility shall adopt a policy that | ||
provides that a report of a preliminarily HIV-positive woman | ||
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 24 hours 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 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 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 | ||
infected 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 | ||
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 woman and newborn.
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(e) The Department or its authorized representative shall | ||
provide case management services to the preliminarily positive | ||
pregnant woman or the parent or guardian of the preliminarily | ||
positive newborn infant to ensure access to treatment and care | ||
and other services as appropriate if the parent or guardian has | ||
consented to the services. | ||
(410 ILCS 335/20 new)
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Sec. 20. 24-hour Perinatal HIV Hotline. | ||
(a) The Department of Public Health or its authorized | ||
representative shall establish and maintain a 24-hour | ||
Perinatal HIV Hotline. The purpose of the hotline is to provide | ||
linkage to case management and ensure consultation to help | ||
prevent the following: | ||
(1) transmission of HIV during labor and delivery; and | ||
(2) HIV infection of the newborn infant. | ||
(b) The hotline must provide to health care professionals | ||
perinatal HIV treatment information in accordance with | ||
guidelines established by the U.S. Public Health Service or | ||
other nationally-recognized experts, as determined by the | ||
Department. An electronic reporting system may replace the | ||
telephone hotline if the Department determines the same | ||
services can be provided more effectively. | ||
(410 ILCS 335/25 new) | ||
Sec. 25. Treatment information. A health care facility | ||
shall adopt a policy that provides that when an HIV test | ||
performed under this Act shows that a newborn infant is | ||
preliminarily HIV-exposed, the infant's parent or guardian | ||
shall be informed of the importance of obtaining timely | ||
treatment for the infant in order to prevent the newborn from | ||
becoming HIV infected, and the mother of the newborn infant | ||
shall be informed of the importance of obtaining treatment for | ||
her HIV infection. The Department shall provide to health care | ||
professionals and health care facilities written information | ||
that may be used to satisfy their obligation under this | ||
Section. | ||
(410 ILCS 335/30 new)
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Sec. 30. Objections of parent or guardian to test. The | ||
provisions of this Act shall not apply when a parent or | ||
guardian of a child objects thereto on the grounds that the | ||
test conflicts with 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. | ||
(410 ILCS 335/35 new)
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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 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.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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