Bill Title: Amends the Illinois Sexually Transmissible Disease Control Act. Provides that a health care professional who makes a clinical diagnosis of trichomoniasis 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.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0185
[HB0739 Detail]Download: Illinois-2021-HB0739-Chaptered.html
|
| Public Act 102-0185
|
| HB0739 Enrolled | LRB102 02799 CPF 12807 b |
|
|
AN ACT concerning health.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Sexually Transmissible Disease |
Control Act is amended by changing Section 6 as follows:
|
(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, or trichomoniasis 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. 96-613, eff. 1-1-10.)
|
