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| Public Act 097-1046 | ||||
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AN ACT concerning human immunodeficiency virus.
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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.
The Department,
local health | ||
authorities, and authorized representatives shall not disclose
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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
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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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(f-5) A court in accordance with the provisions of Section | ||
12-5.01 of the Criminal Code of 1961. | ||
(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 judgment
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. 96-328, eff. 8-11-09.)
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Section 10. The Criminal Code of 1961 is amended by | ||
changing Section 12-5.01 as follows:
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(720 ILCS 5/12-5.01) (was 720 ILCS 5/12-16.2)
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Sec. 12-5.01. Criminal transmission of HIV. | ||
(a) A person commits criminal
transmission of HIV when he | ||
or she, with the specific intent to commit the offense knowing | ||
that he or she is infected with HIV:
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(1) engages in sexual activity with another without the | ||
use of a condom knowing that he or she is infected with HIV | ||
intimate contact with another;
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(2) transfers, donates, or provides his or her blood, | ||
tissue, semen,
organs, or other potentially infectious | ||
body fluids for transfusion,
transplantation, | ||
insemination, or other administration to another knowing | ||
that he or she is infected with HIV; or
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(3) dispenses, delivers, exchanges, sells, or in any | ||
other way transfers
to another any nonsterile intravenous | ||
or intramuscular drug paraphernalia knowing that he or she | ||
is infected with HIV.
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(b) For purposes of this Section:
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"HIV" means the human immunodeficiency virus or any other | ||
identified
causative agent of acquired immunodeficiency | ||
syndrome.
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"Sexual activity" means the insertive vaginal or anal | ||
intercourse on the part of an infected male, receptive | ||
consensual vaginal intercourse on the part of an infected woman | ||
with a male partner, or receptive consensual anal intercourse | ||
on the part of an infected man or woman with a male partner. | ||
"Intimate contact with another" means the exposure of the | ||
body
of one person to a bodily fluid of another person in a | ||
manner that could
result in the transmission of HIV.
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"Intravenous or intramuscular drug paraphernalia" means | ||
any
equipment, product, or material of any kind which is | ||
peculiar to and
marketed for use in injecting a substance into | ||
the human body.
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(c) Nothing in this Section shall be construed to require | ||
that an infection
with HIV has occurred in order for a person | ||
to have committed criminal
transmission of HIV.
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(d) It shall be an affirmative defense that the person | ||
exposed knew that the
infected person was infected with HIV, | ||
knew that the action could result
in infection with HIV, and | ||
consented to the action with that knowledge.
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(d-5) A court, upon a finding of reasonable suspicion that | ||
an individual has committed the crime of criminal transmission | ||
of HIV, shall order the production of records of a person | ||
accused of the offense of
criminal transmission of HIV or the | ||
attendance
of a person with relevant knowledge thereof so long | ||
as the
return of the records or attendance of the person | ||
pursuant to
the subpoena is submitted initially to the court | ||
for an in
camera inspection. Only upon a finding by the court | ||
that the
records or proffered testimony are relevant to the | ||
pending
offense, the information produced pursuant to the | ||
court's order shall be
disclosed to the prosecuting entity and | ||
admissible if otherwise
permitted by law. | ||
(e) A person who commits criminal transmission of HIV | ||
commits a Class 2 felony.
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(Source: P.A. 96-1551, eff. 7-1-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||