Bill Text: IL HB2800 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Perinatal HIV Prevention Act. Provides that every health care professional who provides health care services to a pregnant person, unless a pregnant person already has a documented negative HIV status (currently, already been tested) during the third trimester of the current pregnancy (currently, during the current pregnancy) or is already documented to be HIV-positive, shall provide specified HIV counseling and shall test the person for HIV on an opt-out basis (currently, unless she refuses). Adds provisions concerning when opt-out HIV testing and rapid opt-out HIV testing shall occur. Makes changes to provisions concerning specified HIV counseling requirements. Makes changes to provisions concerning reporting, including requiring that a specified report concerning a HIV-positive pregnant or post-partum person or HIV-exposed newborn shall be made by a health care facility to the Department of Public Health's Perinatal HIV Hotline within 12 hours but not later than 24 hours of test results (currently, a health facility shall report within 24 hours after birth if a woman is HIV-positive and the newborn is HIV-exposed). Provides that the provisions of the Act requiring testing for HIV (currently, provisions of the Act) shall not apply when a parent or guardian objects to HIV testing on certain grounds. Defines "birthing center", "opt-out testing", and "third trimester". Changes references from "pregnant woman" to "pregnant person" and makes other similar changes. Makes other changes. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 14-3)
Status: (Passed) 2017-08-22 - Public Act . . . . . . . . . 100-0265 [HB2800 Detail]
Download: Illinois-2017-HB2800-Enrolled.html
Bill Title: Amends the Perinatal HIV Prevention Act. Provides that every health care professional who provides health care services to a pregnant person, unless a pregnant person already has a documented negative HIV status (currently, already been tested) during the third trimester of the current pregnancy (currently, during the current pregnancy) or is already documented to be HIV-positive, shall provide specified HIV counseling and shall test the person for HIV on an opt-out basis (currently, unless she refuses). Adds provisions concerning when opt-out HIV testing and rapid opt-out HIV testing shall occur. Makes changes to provisions concerning specified HIV counseling requirements. Makes changes to provisions concerning reporting, including requiring that a specified report concerning a HIV-positive pregnant or post-partum person or HIV-exposed newborn shall be made by a health care facility to the Department of Public Health's Perinatal HIV Hotline within 12 hours but not later than 24 hours of test results (currently, a health facility shall report within 24 hours after birth if a woman is HIV-positive and the newborn is HIV-exposed). Provides that the provisions of the Act requiring testing for HIV (currently, provisions of the Act) shall not apply when a parent or guardian objects to HIV testing on certain grounds. Defines "birthing center", "opt-out testing", and "third trimester". Changes references from "pregnant woman" to "pregnant person" and makes other similar changes. Makes other changes. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 14-3)
Status: (Passed) 2017-08-22 - Public Act . . . . . . . . . 100-0265 [HB2800 Detail]
Download: Illinois-2017-HB2800-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning health.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Perinatal HIV Prevention Act is amended by | ||||||
5 | changing Sections 5, 10, 15, 30, and 35 as follows:
| ||||||
6 | (410 ILCS 335/5)
| ||||||
7 | Sec. 5. Definitions. In this Act:
| ||||||
8 | "Birth center" means a facility licensed by the Department | ||||||
9 | under paragraph (6) of Section 35 of the Alternative Health | ||||||
10 | Care Delivery Act. | ||||||
11 | "Department" means the Department of Public Health.
| ||||||
12 | "Health care professional" means a physician licensed to | ||||||
13 | practice
medicine in all its branches, a licensed physician | ||||||
14 | assistant, or a licensed
advanced
practice nurse.
| ||||||
15 | "Health care facility" or "facility" means any hospital , | ||||||
16 | birth center, or other
institution that is licensed or | ||||||
17 | otherwise authorized to deliver health care
services.
| ||||||
18 | "Health care services" means any prenatal medical care or | ||||||
19 | labor or
delivery services to a pregnant woman and her newborn | ||||||
20 | infant, including
hospitalization.
| ||||||
21 | "Opt-out testing" means an approach in which an HIV test is | ||||||
22 | offered to the patient, such that the patient is notified that | ||||||
23 | HIV testing may occur unless the patient opts out by declining |
| |||||||
| |||||||
1 | the test. | ||||||
2 | "Third trimester" means the 27th week of pregnancy through | ||||||
3 | delivery. | ||||||
4 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
5 | (410 ILCS 335/10)
| ||||||
6 | Sec. 10. HIV counseling and offer of HIV testing required.
| ||||||
7 | (a) Every health care professional who provides health care | ||||||
8 | services to a
pregnant
woman shall, unless she already has a | ||||||
9 | negative HIV status has already been tested during the third | ||||||
10 | trimester of the current pregnancy, or is already HIV-positive, | ||||||
11 | provide the woman with HIV counseling, as described in subpart | ||||||
12 | (d) of this Section, and shall test her for HIV on an opt-out | ||||||
13 | basis unless she refuses. The counseling and testing or refusal | ||||||
14 | of testing shall comply with the requirements for informed | ||||||
15 | consent in the AIDS Confidentiality Act and be documented in | ||||||
16 | the pregnant woman's medical record as required by the AIDS | ||||||
17 | Confidentiality Act. A refusal may be verbal or in writing. | ||||||
18 | A health care
professional shall
provide the first opt-out | ||||||
19 | HIV testing counseling and
recommend the testing as early in | ||||||
20 | the woman's pregnancy
as
possible. The health care professional | ||||||
21 | providing health care services to a pregnant woman in the third | ||||||
22 | trimester shall perform a second round of opt-out HIV testing, | ||||||
23 | ideally by the 36th week of pregnancy, unless the pregnant | ||||||
24 | woman already has a negative HIV status from the third | ||||||
25 | trimester of the current pregnancy, or is already HIV-positive. |
| |||||||
| |||||||
1 | For women at continued risk of exposure to HIV infection in the
| ||||||
2 | judgment
of the health care professional, a repeat test should | ||||||
3 | be recommended late in
pregnancy or at the time of labor and | ||||||
4 | delivery. The
counseling and testing or refusal of testing
| ||||||
5 | shall be documented in the woman's medical
record.
| ||||||
6 | (b) Every health care professional or facility that cares | ||||||
7 | for a pregnant
woman
during
labor or delivery shall, unless she | ||||||
8 | has already has a negative HIV status from been tested during | ||||||
9 | the third trimester of the current pregnancy, or is already | ||||||
10 | HIV-positive, provide the woman with HIV counseling, as | ||||||
11 | described in subpart (d) of this Section, and rapid opt-out
HIV
| ||||||
12 | testing unless she refuses . The woman in labor or delivery may | ||||||
13 | refuse the HIV test verbally or in writing. A refusal may be | ||||||
14 | verbal or in writing. The counseling and testing or refusal of | ||||||
15 | testing
shall be
documented in the laboring or delivering | ||||||
16 | woman's medical record. The health care facility shall adopt a | ||||||
17 | policy that provides that as soon as possible within medical | ||||||
18 | standards after the infant's birth, the delivering mother's HIV | ||||||
19 | test result, if available, shall be noted in the newborn | ||||||
20 | infant's medical record. It shall also be noted in the newborn | ||||||
21 | infant's medical record if the mother's third trimester HIV | ||||||
22 | test result is not available because she was not tested in the | ||||||
23 | third trimester has not been tested or has declined testing. | ||||||
24 | Any testing or test results shall be
documented in accordance | ||||||
25 | with the AIDS Confidentiality Act.
| ||||||
26 | (c) Every health care professional or facility caring for a |
| |||||||
| |||||||
1 | newborn infant
shall, upon
delivery or as soon as possible | ||||||
2 | within medical standards after the infant's birth, provide
| ||||||
3 | counseling as described in subsection (d) of this Section to | ||||||
4 | the
parent or
guardian of the infant and perform rapid HIV | ||||||
5 | testing on the infant, when the HIV status of the
infant's | ||||||
6 | mother is unknown , or if the delivering woman did not undergo | ||||||
7 | HIV testing in the third trimester of the current pregnancy .
| ||||||
8 | (d) The counseling required under this Section must be | ||||||
9 | provided in
accordance with
the
AIDS Confidentiality Act and | ||||||
10 | must include the following:
| ||||||
11 | (1) For the health of the pregnant woman, the
voluntary | ||||||
12 | nature of the testing, the benefits of HIV testing, | ||||||
13 | including the
prevention of
transmission, and the | ||||||
14 | requirement that HIV testing be performed unless she | ||||||
15 | refuses and the methods by which she can refuse.
| ||||||
16 | (2)
The benefit of HIV testing for herself and the | ||||||
17 | newborn infant, including
interventions
to
prevent
HIV | ||||||
18 | transmission.
| ||||||
19 | (3)
The side effects of interventions to prevent HIV | ||||||
20 | transmission.
| ||||||
21 | (4)
The statutory confidentiality provisions that | ||||||
22 | relate to HIV and
acquired
immune
deficiency syndrome | ||||||
23 | ("AIDS") testing.
| ||||||
24 | (5) The requirement for mandatory testing of the | ||||||
25 | newborn if the mother's HIV status during the third | ||||||
26 | trimester of pregnancy is unknown and if the mother was not |
| |||||||
| |||||||
1 | rapidly tested for HIV at delivery at the time of delivery . | ||||||
2 | (6) An explanation of the test, including its purpose, | ||||||
3 | limitations, and the meaning of its results. | ||||||
4 | (7) An explanation of the procedures to be followed. | ||||||
5 | (8) The availability of additional or confirmatory | ||||||
6 | testing, if appropriate. Counseling may be provided in | ||||||
7 | writing, verbally, or by video, electronic, or other means. | ||||||
8 | The pregnant or delivering woman must be offered an | ||||||
9 | opportunity to ask questions about testing and to decline | ||||||
10 | testing for herself . | ||||||
11 | (e) All counseling and testing must be performed in | ||||||
12 | accordance with the
standards set forth in the AIDS | ||||||
13 | Confidentiality Act, including the informed consent provisions | ||||||
14 | of Sections 4, 7, and 8 of that Act, with the exception of
the | ||||||
15 | requirement of consent for testing of newborn infants. | ||||||
16 | Consent for
testing of a newborn infant shall be presumed | ||||||
17 | when a health care professional
or health care
facility seeks | ||||||
18 | to perform a test on a newborn infant whose mother's HIV status
| ||||||
19 | is not known either in the third trimester of pregnancy or at | ||||||
20 | delivery , provided that the counseling required under | ||||||
21 | subsection (d) of this Section and the AIDS Confidentiality Act
| ||||||
22 | has taken place.
| ||||||
23 | (f) The Illinois Department of Public Health shall adopt | ||||||
24 | necessary rules to
implement this Act by July 1, 2008.
| ||||||
25 | (Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08 .)
|
| |||||||
| |||||||
1 | (410 ILCS 335/15) | ||||||
2 | Sec. 15. Reporting. | ||||||
3 | (a) Health A health care facilities facility shall adopt a | ||||||
4 | policy that provides that a report of a preliminarily | ||||||
5 | HIV-positive woman identified by a rapid HIV test or and a | ||||||
6 | report of a preliminarily HIV-exposed newborn infant | ||||||
7 | identified by a rapid HIV test conducted during labor and | ||||||
8 | delivery or after delivery shall be made to the Department's | ||||||
9 | Perinatal HIV Hotline within 12 hours but not later than 24 | ||||||
10 | hours of the test result after birth . Section 15 of the AIDS | ||||||
11 | Confidentiality Act applies to reporting under this Act, except | ||||||
12 | that the immunities set forth in that Section do not apply in | ||||||
13 | cases of willful or wanton misconduct. | ||||||
14 | (b) The Department shall adopt rules specifying the | ||||||
15 | information required in reporting the preliminarily | ||||||
16 | HIV-positive pregnant or post-partum woman and preliminarily | ||||||
17 | HIV-exposed newborn infant and the method of reporting. In | ||||||
18 | adopting the rules, the Department shall consider the need for | ||||||
19 | information, protections for the privacy and confidentiality | ||||||
20 | of the infant and parents, the need to provide access to care | ||||||
21 | and follow-up services to the infant, and procedures for | ||||||
22 | destruction of records maintained by the Department if, through | ||||||
23 | subsequent HIV testing, the pregnant or post-partum woman or | ||||||
24 | newborn infant is found to be HIV-negative. | ||||||
25 | (c) The confidentiality provisions of the AIDS | ||||||
26 | Confidentiality Act shall apply to the reports of cases of |
| |||||||
| |||||||
1 | perinatal HIV made pursuant to this Section. | ||||||
2 | (d) Health care facilities shall monthly report aggregate | ||||||
3 | statistics to the Department that include the number of | ||||||
4 | pregnant or delivering infected women who presented with known | ||||||
5 | HIV status ; , the number of pregnant women rapidly tested for | ||||||
6 | HIV in labor and delivery as either a first HIV test or a | ||||||
7 | repeat third trimester HIV test; , the number of newborn infants | ||||||
8 | rapidly tested for HIV-exposure because the HIV status of the | ||||||
9 | delivering woman was unknown in the third trimester, or the | ||||||
10 | delivering woman refused testing; , the number of preliminarily | ||||||
11 | HIV-positive pregnant or delivering women and preliminarily | ||||||
12 | HIV-exposed newborn infants identified ; , the number of | ||||||
13 | families referred to case management ; , and other information | ||||||
14 | the Department determines is necessary to measure progress | ||||||
15 | under the provisions of this Act. Health care facilities must | ||||||
16 | report the confirmatory test result when it becomes available | ||||||
17 | for each preliminarily positive rapid HIV test performed on the | ||||||
18 | pregnant or delivering woman and on a newborn.
| ||||||
19 | (e) The Department or its authorized representative shall | ||||||
20 | provide case management services to the preliminarily positive | ||||||
21 | pregnant or post-partum woman or the parent or guardian of the | ||||||
22 | preliminarily positive newborn infant to ensure access to | ||||||
23 | treatment and care and other services where the pregnant or | ||||||
24 | post-partum woman or the as appropriate if the parent or | ||||||
25 | guardian of the newborn infant has consented to the services.
| ||||||
26 | (f) Every health care facility caring for a newborn infant |
| |||||||
| |||||||
1 | whose mother had been diagnosed HIV positive prior to labor and | ||||||
2 | delivery shall report a case of perinatal HIV exposure in | ||||||
3 | accordance with the HIV/AIDS Registry Act, the Illinois | ||||||
4 | Sexually Transmissible Disease Control Act, and rules to be | ||||||
5 | developed by the Department. If after 18 months from the date | ||||||
6 | that the report was submitted, a newborn infant is determined | ||||||
7 | to not have HIV or AIDS, the Department shall remove the | ||||||
8 | newborn infant's name from all reports, records, and files | ||||||
9 | collected or created under this subsection (f).
| ||||||
10 | (Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08 .)
| ||||||
11 | (410 ILCS 335/30)
| ||||||
12 | Sec. 30. Objections of parent or guardian to test. The | ||||||
13 | provisions of this Act requiring testing for HIV shall not | ||||||
14 | apply when a parent or guardian of a child objects to HIV | ||||||
15 | testing thereto on the grounds that the test conflicts with the | ||||||
16 | parent's his or her religious tenets and practices. A written | ||||||
17 | statement of the objection shall be presented to the physician | ||||||
18 | or other person whose duty it is to administer and report the | ||||||
19 | tests under the provisions of this Act.
| ||||||
20 | (Source: P.A. 94-910, eff. 6-23-06.)
| ||||||
21 | (410 ILCS 335/35)
| ||||||
22 | Sec. 35. Department report. The Department of Public Health | ||||||
23 | shall prepare an annual report for the Governor and the General | ||||||
24 | Assembly on the implementation of this Act that includes |
| |||||||
| |||||||
1 | information on the number of HIV-positive pregnant women who | ||||||
2 | presented with known HIV status, the number of pregnant women | ||||||
3 | rapidly tested for HIV in labor and delivery, the number of | ||||||
4 | newborn infants rapidly tested for HIV exposure, the number of | ||||||
5 | preliminarily HIV-positive pregnant women and preliminarily | ||||||
6 | HIV-exposed newborn infants identified, the confirmatory test | ||||||
7 | result for each preliminarily positive rapid HIV test performed | ||||||
8 | on the woman and newborn, the number of families referred to | ||||||
9 | case management, and other information the Department | ||||||
10 | determines is necessary to measure progress under the | ||||||
11 | provisions of this Act. The Department shall assess the needs | ||||||
12 | of health care professionals and facilities for ongoing | ||||||
13 | training in implementation of the provisions of this Act and | ||||||
14 | make recommendations to improve the program.
| ||||||
15 | (Source: P.A. 94-910, eff. 6-23-06.)
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
|