There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 410 Public Health 410 ILCS 305/ AIDS Confidentiality Act.
(410 ILCS 305/1) (from Ch. 111 1/2, par. 7301)
Sec. 1.
This Act shall be known and may be cited as the "AIDS
Confidentiality Act".
(Source: P.A. 85‑677; 85‑679.)
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(410 ILCS 305/2) (from Ch. 111 1/2, par. 7302)
Sec. 2.
The General Assembly finds that:
(1) The use of tests designed to reveal a condition indicative of Human
Immunodeficiency Virus (HIV) infection can be a valuable
tool in protecting
the public health.
(2) Despite existing laws, regulations and professional standards which
require or promote the informed, voluntary and confidential use of tests
designed to reveal HIV infection, many members of the public are deterred
from seeking such testing because they misunderstand the nature of the test
or fear that test results will be disclosed without their consent.
(3) The public health will be served by facilitating informed,
voluntary and confidential use of tests designed to reveal HIV infection.
(Source: P.A. 85‑677; 85‑679.)
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(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
(Text of Section from P.A. 93‑205)
Sec. 3.
When used in this Act:
(a) "Department" means the Illinois Department of Public Health.
(b) "AIDS" means acquired immunodeficiency syndrome.
(c) "HIV" means the Human Immunodeficiency Virus or
any other identified causative agent of AIDS.
(d) "Written informed consent" means an
agreement in writing executed by the subject of a test or the subject's
legally authorized representative without undue inducement or any element
of force, fraud, deceit, duress or other form of constraint or coercion,
which entails at least the following:
(1) a fair explanation of the test, including its purpose, potential
uses, limitations and the meaning of its results; and
(2) a fair explanation of the procedures to be followed, including the
voluntary nature of the test, the right to withdraw consent to the testing
process at any time, the right to anonymity to the extent provided by law
with respect to participation in the test and disclosure of test results,
and the right to confidential treatment of
information identifying the subject of the test and the results of the
test, to the extent provided by law.
(e) "Health facility" means a hospital, nursing home, blood bank, blood
center, sperm bank, or other health care institution, including any "health
facility" as that term is defined in the Illinois Finance Authority Act.
(f) "Health care provider" means any physician, nurse, paramedic,
psychologist or other person providing medical, nursing, psychological, or
other health care services of any kind.
(g) "Test" or "HIV test" means a test to determine the presence of the
antibody or antigen to HIV, or of HIV infection.
(h) "Person" includes any natural person, partnership, association,
joint venture, trust, governmental entity, public or private corporation,
health facility or other legal entity.
(Source: P.A. 85‑677; 85‑679; 93‑205, eff. 1‑1‑04.)
(Text of Section from P.A. 93‑482)
Sec. 3.
When used in this Act:
(a) "Department" means the Illinois Department of Public Health.
(b) "AIDS" means acquired immunodeficiency syndrome.
(c) "HIV" means the Human Immunodeficiency Virus or
any other identified causative agent of AIDS.
(d) "Written informed consent" means an
agreement in writing executed by the subject of a test or the subject's
legally authorized representative without undue inducement or any element
of force, fraud, deceit, duress or other form of constraint or coercion,
which entails at least the following:
(1) a fair explanation of the test, including its purpose, potential
uses, limitations and the meaning of its results; and
(2) a fair explanation of the procedures to be followed, including the
voluntary nature of the test, the right to withdraw consent to the testing
process at any time, the right to anonymity to the extent provided by law
with respect to participation in the test and disclosure of test results,
and the right to confidential treatment of
information identifying the subject of the test and the results of the
test, to the extent provided by law.
(e) "Health facility" means a hospital, nursing home, blood bank, blood
center, sperm bank, or other health care institution, including any "health
facility" as that term is defined in the Illinois Health Facilities Authority
Act.
(f) "Health care provider" means any health care professional, nurse, paramedic,
psychologist or other person providing medical, nursing, psychological, or
other health care services of any kind.
(f‑5) "Health care professional" means (i) a licensed physician, (ii) a
physician assistant
to whom the physician assistant's supervising physician has delegated the
provision of AIDS and
HIV‑related health services, (iii) an advanced practice registered nurse who
has a written
collaborative agreement with a collaborating physician which authorizes the
provision of AIDS
and HIV‑related health services, (iv) a licensed dentist, (v) a licensed
podiatrist, or (vi) an
individual certified to provide HIV testing and counseling by a state or local
public health
department.
(g) "Test" or "HIV test" means a test to determine the presence of the
antibody or antigen to HIV, or of HIV infection.
(h) "Person" includes any natural person, partnership, association,
joint venture, trust, governmental entity, public or private corporation,
health facility or other legal entity.
(Source: P.A. 85‑677; 85‑679; 93‑482, eff. 8‑8‑03.)
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(410 ILCS 305/4) (from Ch. 111 1/2, par. 7304)
Sec. 4.
No person may order an HIV test without first receiving
the written informed consent
of the subject of the test or the subject's legally authorized
representative.
(Source: P.A. 85‑1248.)
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(410 ILCS 305/5) (from Ch. 111 1/2, par. 7305)
Sec. 5.
No health care professional may order an HIV test
without
making available to
the person tested information about
the meaning
of the test results, the availability of additional or confirmatory
testing, if appropriate, and the availability of referrals for further
information or counseling.
(Source: P.A. 93‑482, eff. 8‑8‑03.)
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(410 ILCS 305/5.5)
Sec. 5.5.
Rapid testing.
The Department shall adopt rules to allow for the
implementation of HIV/AIDS rapid testing. The rules must include, but need not
be
limited to, standards for ordering and administration of testing and counseling
and dissemination of test
results.
(Source: P.A. 93‑482, eff. 8‑8‑03.)
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(410 ILCS 305/6) (from Ch. 111 1/2, par. 7306)
Sec. 6.
A subject of a test
who wishes to remain anonymous shall have the right to do so, and
to provide written informed consent by using a coded system
that does not link individual identity with the request or result,
except when written informed consent is not required by law.
The Department may, if it deems necessary,
promulgate regulations exempting blood banks, as defined in
the Illinois Blood Bank Act, from the
requirements of this Section.
(Source: P.A. 85‑1248; 85‑1399; 85‑1440.)
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(410 ILCS 305/8) (from Ch. 111 1/2, par. 7308)
Sec. 8.
Notwithstanding the provisions of Sections 4 and 5 of this Act,
written informed consent, information and counseling are not required for the
performance of an HIV test: (a)
for the purpose of research, if the testing is performed in such a way that
the identity of the test subject is not known and may not be retrieved by
the researcher, and in such a way that the test subject is not informed of
the results of the testing, or (b) when in the judgment of the physician,
such testing is medically indicated to provide appropriate diagnosis and
treatment to the subject of the test, provided that the subject of the test
has otherwise provided his or her consent to such physician for medical treatment.
(Source: P.A. 85‑1399.)
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(410 ILCS 305/10) (from Ch. 111 1/2, par. 7310)
Sec. 10.
No person to whom the results of a test have been disclosed
may disclose the test results to another person except as authorized
by Section 9.
(Source: P.A. 85‑677; 85‑679.)
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(410 ILCS 305/11) (from Ch. 111 1/2, par. 7311)
Sec. 11.
Notwithstanding the provisions of Section 4 of this Act,
written informed consent is not required for the performance of an HIV test
upon a person who is specifically required by law to be so tested.
(Source: P.A. 85‑677; 85‑679.)
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(410 ILCS 305/12) (from Ch. 111 1/2, par. 7312)
Sec. 12.
Intentional or reckless violation of this Act or any
regulation issued hereunder shall constitute a Class A misdemeanor.
(Source: P.A. 87‑763.)
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(410 ILCS 305/13) (from Ch. 111 1/2, par. 7313)
Sec. 13.
Any person aggrieved by a violation of this Act or of a
regulation promulgated hereunder shall have a right of action in the
circuit court and may recover for each violation:
(1) Against any person who negligently violates a provision of this Act
or the regulations promulgated hereunder, liquidated damages of $1000 or
actual damages, whichever is greater.
(2) Against any person who intentionally or recklessly violates a
provision of this Act or the regulations promulgated hereunder, liquidated
damages of $5000 or actual damages, whichever is greater.
(3) Reasonable attorney fees.
(4) Such other relief, including an injunction, as the court may deem appropriate.
(Source: P.A. 85‑677; 85‑679.)
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(410 ILCS 305/14) (from Ch. 111 1/2, par. 7314)
Sec. 14.
Nothing in this Act limits the right of the subject of a
test to recover damages or other relief under
any other applicable law.
(Source: P.A. 85‑677; 85‑679.)
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(410 ILCS 305/15) (from Ch. 111 1/2, par. 7315)
Sec. 15.
Nothing in this Act shall be construed to impose civil
liability or criminal sanction for disclosure of a test
result in accordance with any reporting requirement of the Department for a
diagnosed case of HIV infection, AIDS or a related condition.
Nothing in this Act shall be construed to impose civil liability or
criminal sanction for performing a test without written informed consent
pursuant to the provisions of subsection (b) or (c) of Section 7 of this Act.
(Source: P.A. 86‑887.)
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(410 ILCS 305/15.1) (from Ch. 111 1/2, par. 7315.1)
Sec. 15.1.
Sections 1 through 15 of this Act shall not apply to
a health maintenance organization nor to any insurance company, fraternal
benefit society, or other insurer regulated under the "Illinois Insurance
Code", approved June 29,
1937, as amended.
(Source: P.A. 85‑677; 85‑679.)
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(410 ILCS 305/16) (from Ch. 111 1/2, par. 7316)
Sec. 16.
The Department shall promulgate rules and regulations
concerning implementation and enforcement of this Act. The rules and
regulations promulgated by the Department pursuant to this Act may include
procedures for taking appropriate action with regard to health care
facilities or health care providers which violate this Act or the
regulations promulgated hereunder. The provisions of The Illinois
Administrative Procedure Act shall apply to all administrative rules and
procedures of the Department pursuant to this Act, except that in case of
conflict between The Illinois Administrative Procedure Act and this Act,
the provisions of this Act shall control.
(Source: P.A. 85‑677; 85‑679.)
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