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90_HB1380
410 ILCS 320/Act title
410 ILCS 320/0.01 from Ch. 111 1/2, par. 4800
410 ILCS 320/0.5 new
410 ILCS 320/1 from Ch. 111 1/2, par. 4801
410 ILCS 320/2 from Ch. 111 1/2, par. 4802
Amends the Prenatal Syphilis Act. Changes short title to
Prenatal Syphilis and HIV Act. Provides that every physician
or other professional attending a pregnant woman in Illinois,
in addition to taking a blood sample at first examination and
in the third trimester of pregnancy to test for syphilis,
shall also take a blood sample at those times to test for
human immunodeficiency virus (HIV), using an enzyme-linked
immunosorbent assay (ELISA) test, or other Illinois
Department of Public Health approved test. If the ELISA or
other approved test provides a positive result the Western
Blot Assay or more reliable confirmatory test shall be
administered. Provides that, upon a physician's request, the
tests shall be performed free of charge by the Illinois
Department of Public Health or a municipal health department.
Effective immediately.
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1 AN ACT to amend the Prenatal Syphilis Act by changing the
2 title of the Act and Sections 0.01, 1, and 2 and adding
3 Section 0.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Prenatal Syphilis Act is amended by
7 changing the title of the Act and Sections 0.01, 1, and 2
8 and adding Section 0.5 as follows:
9 (410 ILCS 320/Act title)
10 An Act concerning blood tests for pregnant women for the
11 purpose of detecting and treating preventing prenatal
12 syphilis and human immunodeficiency virus.
13 (410 ILCS 320/0.01) (from Ch. 111 1/2, par. 4800)
14 Sec. 0.01. Short title. This Act may be cited as the
15 Prenatal Syphilis and HIV Act.
16 (Source: P.A. 86-1324.)
17 (410 ILCS 320/0.5 new)
18 Sec. 0.5. Definitions. As used in this Act:
19 "AIDS" means acquired immunodeficiency syndrome.
20 "HIV" means human immunodeficiency virus or any other
21 identified causative agent of AIDS.
22 (410 ILCS 320/1) (from Ch. 111 1/2, par. 4801)
23 Sec. 1. Every physician, or other person, attending in a
24 professional capacity a pregnant woman in Illinois, shall
25 take or cause to be taken samples a sample of the woman's
26 blood of such woman at the time of the first examination, and
27 a second sample of blood shall be taken or caused to be taken
28 during the third trimester of pregnancy. These blood
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1 specimens shall be submitted to a laboratory or laboratories
2 approved by the Department of Public Health for a serological
3 test for syphilis and an HIV test approved by the State
4 Department of Public Health. The HIV test shall consist of an
5 enzyme-linked immunosorbent assay (ELISA) test to determine
6 the presence of antibodies to HIV, or such other test as may
7 be approved by the Illinois Department of Public Health; in
8 the event of a positive result the Western Blot Assay or a
9 more reliable confirmatory test shall also be administered.
10 In the event that any such blood test shall show a positive
11 or doubtful result for syphilis an additional test or tests
12 shall be made. Such serological test or tests shall, upon
13 request of any physician, be made free of charge by the State
14 Department of Public Health or the Health Departments of
15 cities, villages and incorporated towns maintaining
16 laboratories for the testing of blood specimens of any woman
17 women who resides in that city, village or incorporated town.
18 The provisions of this Section shall not apply to any
19 woman who objects to such serological tests on the grounds
20 that such tests are contrary to her religious beliefs and
21 practices.
22 (Source: P.A. 81-934.)
23 (410 ILCS 320/2) (from Ch. 111 1/2, par. 4802)
24 Sec. 2. In reporting every birth or still birth,
25 physicians and others required to make such reports shall
26 state on the birth certificate or still birth certificate, as
27 the case may be, whether a blood test for syphilis and a test
28 for HIV have has been made upon a specimen of blood taken
29 from the woman who bore the child for which a birth or still
30 birth certificate is filed, together with the date when the
31 blood specimen was taken and the name of the laboratory or
32 laboratories making the tests test. In no event shall the
33 birth or still birth certificate state the results result of
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1 the tests test.
2 (Source: Laws 1939, p. 708.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.