Public Act 096-0613
 		





SB0212 Enrolled
LRB096 04753 RPM 14817 b






    AN ACT concerning public health.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Medical Practice Act of 1987 is amended  by 
adding Section 64 as follows:
 
    (225 ILCS 60/64 new)

    Sec. 64. Sexually Transmissible Disease Control Act. No 
licensee under this Act may be disciplined for providing 
expedited partner therapy in accordance with the provisions of 
the Illinois Sexually Transmissible Disease Control Act.
 
    Section 10. The Nurse Practice Act  is amended  by adding 
Section 70-170 as follows:
 
    (225 ILCS 65/70-170 new)

    Sec. 70-170. Sexually Transmissible Disease Control Act. 
No licensee under this Act may be disciplined for providing 
expedited partner therapy in accordance with the provisions of 
the Illinois Sexually Transmissible Disease Control Act.
 
    Section 15. The Physician Assistant Practice Act of 1987  is 
amended  by adding Section 25 as follows:
 
    (225 ILCS 95/25 new)

    Sec. 25. Sexually Transmissible Disease Control Act. No 
licensee under this Act may be disciplined for providing 
expedited partner therapy in accordance with the provisions of 
the Illinois Sexually Transmissible Disease Control Act.
 
    Section 20. The Illinois Sexually Transmissible Disease 
Control Act is amended  by changing Sections 3 and 6 as follows:
 



    (410 ILCS 325/3)  (from Ch. 111 1/2, par. 7403)



    Sec. 3. Definitions. As used in this Act, unless the 
context clearly
requires otherwise:

    (1) "Department" means the Department of Public Health.

    (2) "Local health authority" means the full-time official 
health
department of board of health, as recognized by the 
Department, having
jurisdiction over a particular area.

    (3) "Sexually transmissible disease" means a bacterial, 
viral, fungal or
parasitic disease, determined by rule of the 
Department to be sexually
transmissible, to be a threat to the 
public health and welfare, and to be a
disease for which a 
legitimate public interest will be served by providing
for 
regulation and treatment.  In considering which diseases are to 
be
designated sexually transmissible diseases, the Department 
shall consider
such diseases as chancroid, gonorrhea, 
granuloma inguinale, lymphogranuloma
venereum, genital herpes 
simplex, chlamydia, nongonococcal urethritis
(NGU), pelvic 
inflammatory disease (PID)/Acute
Salpingitis, syphilis, 
Acquired Immunodeficiency Syndrome (AIDS), and Human

Immunodeficiency Virus (HIV) for designation, and shall 
consider the
recommendations and classifications of the 
Centers for Disease Control and
other nationally recognized 
medical authorities.  Not all diseases that are
sexually 
transmissible need be designated for purposes of this Act.

    (4) "Health care professional" means a physician licensed 
to practice medicine in all its branches, a physician assistant 
who has been delegated the provision of  sexually transmissible 
disease therapy services or expedited partner therapy services 
by his or her supervising physician, or an advanced practice 
nurse who has a written collaborative agreement with a 
collaborating physician that authorizes the provision of 
sexually transmissible disease therapy services or expedited 
partner therapy services, or an advanced practice nurse who 
practices in a hospital or ambulatory surgical treatment center 
and possesses appropriate clinical privileges in accordance 
with the Nurse Practice Act.
    (5) "Expedited partner therapy" means to prescribe, 
dispense, furnish, or otherwise provide prescription 
antibiotic drugs to the partner or partners of persons 
clinically diagnosed as infected with a sexually transmissible 
disease, without physical examination of the partner or 
partners. 
(Source: P.A. 85-1209.)

 



    (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 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. 90-14, eff. 7-1-97.)