410 ILCS 310/ HIV/AIDS Registry Act.

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410 ILCS 310/1

(410 ILCS 310/1) (from Ch. 111 1/2, par. 7351)

Sec. 1. This Act shall be known and may be cited as the "

HIV/AIDS
Registry Act

".

(Source: P.A. 94-102, eff. 1-1-06.)

410 ILCS 310/2

(410 ILCS 310/2) (from Ch. 111 1/2, par. 7352)

Sec. 2. The General Assembly finds that:

(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

(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.

(Source: P.A. 94-102, eff. 1-1-06.)

410 ILCS 310/3

(410 ILCS 310/3) (from Ch. 111 1/2, par. 7353)

Sec. 3. For the purposes of this Act, unless the context requires otherwise:

(a) "AIDS" means acquired immunodeficiency syndrome, as defined by the
Centers for Disease Control or the National Institutes of Health.

(b) (Blank).

(c) "Department" means the Illinois Department of Public Health.

(d) "Director" means the Director of Public Health.

(e) "HIV" means human immunodeficiency virus, as defined by the Centers for Disease Control and Prevention or the National Institutes of Health.

(f) "Registry" means an official record of reported HIV and AIDS cases.

(Source: P.A. 94-102, eff. 1-1-06.)

410 ILCS 310/4

(410 ILCS 310/4) (from Ch. 111 1/2, par. 7354)

Sec. 4.

(a) The Department shall establish and maintain an HIV/AIDS
Registry consisting of a record of all cases of HIV and
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.  Notwithstanding any other provision of this subsection (a), the information concerning those cases included in the Registry shall include all CD4 test results, including counts and percentages of any value, and HIV viral load test results, both detectable and undetectable; provided, however, that hospitals and laboratories may only be required to report such test results for tests performed on or after 90 days after the date that the Department furnishes an electronic method for the reporting of such results to the Department and only if a hospital or laboratory has an electronic health record that enables the hospital or laboratory to identify HIV patients. Until electronic laboratory reporting is established, hospitals and laboratories shall continue to report cases of HIV and AIDS in Illinois in accordance with the administrative rules adopted by the Department that are in effect on May 1, 2011. 
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.

(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
connection with such reported cases as the Department deems necessary or
appropriate for the purposes of this Act, including all CD4 and HIV viral load test results for those cases included in the Registry.  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.

(c) The Director shall by rule establish standards for ensuring the
protection of information made confidential or privileged under law.

(Source: P.A. 97-550, eff. 1-1-12.)

410 ILCS 310/5

(410 ILCS 310/5) (from Ch. 111 1/2, par. 7355)

Sec. 5.

The Department shall have the authority to accept, receive
and administer on behalf of the Registry grants, gifts, loans or other
funds made available to the Registry from any source for the purposes
of this Act.

(Source: P.A. 85-929.)

410 ILCS 310/6

(410 ILCS 310/6) (from Ch. 111 1/2, par. 7356)

Sec. 6.

The Department shall file an annual report to the General
Assembly beginning August 31, 1989.  The report
shall include information on the progress of the Registry, as well as
descriptions of any related studies which are underway or have been completed.

(Source: P.A. 85-929.)

410 ILCS 310/7

(410 ILCS 310/7) (from Ch. 111 1/2, par. 7357)

Sec. 7.

(a) The Department may not release information gathered pursuant
to this Act unless (1) it is in a statistical form that
does not identify the reporting entity, physician, and patient in any way,
including by address; or (2)
the release or transfer is to an Illinois local public health department or
to a registry or health department of another state, and is of information
concerning a person who is residing in that jurisdiction.

(b) All data obtained directly from medical records of individual
patients shall be for the confidential use of the Department and those
entities authorized by the Department to view such
records in order to carry out the purposes of this Act.

(c) The identity of any person whose condition or treatment has
been studied, or any facts which are likely to reveal the identity of such
person, shall be confidential and shall not be revealed in any report or
any other matter prepared, released or published.  Researchers may,
however, use the names of persons when requesting additional information for
research studies approved by the Department; provided, however, that when a
request for additional information is to be made, the Department
shall first obtain authorization from the patient
or the patient's legally authorized representative.

(d) No liability shall attach to any hospital, physician or
other facility submitting information pursuant to this Act based upon a
claim that such hospital, physician or facility reported information which
may be confidential.

(Source: P.A. 89-381, eff. 8-18-95.)

410 ILCS 310/8

(410 ILCS 310/8) (from Ch. 111 1/2, par. 7358)

Sec. 8.

The Department may promulgate rules and regulations for the
implementation of this Act.

(Source: P.A. 85-929.)