Bill Text: IL SB3512 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Creates the Disease Testing for Public Safety Officials and Volunteers Act. Provides that an emergency services provider or first aid volunteer who is significantly exposed to blood or body fluids during the course of performing his or her duties or during the course of performing emergency assistance or first aid may: (1) request that the person to whom the emergency services provider or first aid volunteer was significantly exposed voluntarily submit to testing for the presence of communicable disease; or (2) petition the circuit court for an order requiring that the person to whom the emergency services provider or first aid volunteer was significantly exposed submit to testing to determine the presence of a communicable disease and that the results of that test be disclosed to the petitioner by the Department of Public Health. Provides that the circuit court may enter an order requiring that a person submit to testing, including blood testing, for a communicable disease if the court finds probable cause to believe: (1) the petitioner was significantly exposed; and (2) the exposure occurred during the course of the emergency services provider's duties, or the provision of emergency assistance or first aid by a first aid volunteer. Provides that any person or entity entitled to receive confidential information under the Act, other than the person tested and identified in the information, who violates the provisions of the Act by releasing or making public that confidential information, or by otherwise breaching the confidentiality requirements of the Act, is guilty of a Class B misdemeanor. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3512 Detail]

Download: Illinois-2013-SB3512-Amended.html

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Sen. Andy Manar

Filed: 4/4/2014

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AMENDMENT TO SENATE BILL 3512
AMENDMENT NO. ______. Amend Senate Bill 3512 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Disease Testing for Public Safety Officials and Volunteers Act.
Section 5. Definitions. As used in this Act:
"Blood or body fluids" means blood, saliva, amniotic fluid,
pericardial fluid, peritoneal fluid, pleural fluid, synovial
fluid, cerebrospinal fluid, semen, and vaginal secretions, and
any body fluid visibly contaminated by blood.
"Certified local health department" means a health
department of a unit of local government that is certified
under Section 600.210 of Part 600 of Title 77 of the Illinois
Administrative Code (77 Illinois Administrative Code 600.210).
"Communicable disease" means a disease that can be
transmitted from person to person directly or indirectly,

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including diseases transmitted by blood or body fluid or any
other communicable reportable diseases as established by the
Department in Section 6.08 of the Hospital Licensing Act.
"Department" means the Department of Public Health.
"Emergency services provider" means a sheriff's law
enforcement employee as defined under Section 7-109.3 of
Article 7 of the Illinois Pension Code, law enforcement officer
or fireman as defined under Section 2 of the Line of Duty
Compensation Act, federal law enforcement officer as defined
under Section 5 of the Federal Law Enforcement Officer Immunity
Act, or medical personnel licensed under the Emergency Medical
Services (EMS) Systems Act.
"First aid volunteer" means a person who provides voluntary
emergency assistance or first aid medical care to an injured
person prior to the arrival of an emergency medical services
provider or public safety officer.
"Significant exposure" or "significantly exposed" means:
(1) exposure of the body of one person to the blood or
body fluids of another person by:
(A) percutaneous injury, including a needle stick,
cut with a sharp object or instrument, or a wound
resulting from a human bite, scratch, or similar force;
or
(B) contact with an open wound, mucous membrane, or
non-intact skin because of a cut, abrasion,
dermatitis, or other damage; or

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(2) exposure that occurs by any other method of
transmission as defined by the Department.
Section 10. Petition.
(a) An emergency services provider or first aid volunteer
who is significantly exposed during the course of performing
his or her duties or during the course of performing emergency
assistance or first aid may:
(1) request that the person to whom the emergency
services provider or first aid volunteer was significantly
exposed voluntarily submit to testing; or
(2) petition the circuit court for an order requiring
that the person to whom the emergency services provider or
first aid volunteer was significantly exposed submit to
testing to determine the presence of a communicable disease
and that the results of that test be disclosed to the
petitioner by the Department.
(b) The petitioner shall file a petition with the circuit
court seeking an order to submit to testing and to disclose the
results in accordance with the provisions of this Section. The
petition shall be sealed upon filing and made accessible only
to the petitioner, the subject of the petition, and his or her
attorneys, upon court order.
(c) The petition described in subsection (b) shall be
accompanied by an affidavit in which the petitioner certifies
that the petitioner has been significantly exposed to the

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person who is the subject of the petition and describes that
exposure. The petitioner shall submit to testing to determine
the presence of a disease when the petition is filed or within
3 days after the petition is filed.
(d) The petitioner shall cause the petition required under
this Section to be served on the person who the petitioner is
requesting to be tested in a manner that will best preserve the
confidentiality of that person.
(e) The court shall set a time for a hearing on the matter
within 10 days after the petition is filed and shall give the
petitioner and the person who is the subject of the petition
notice of the hearing at least 72 hours prior to the hearing.
The person who is the subject of the petition shall also be
notified that he or she may have an attorney present at the
hearing and that his or her attorney may examine and
cross-examine witnesses. The hearing shall be conducted in
camera.
(f) The circuit court may enter an order requiring that the
person submit to testing, including blood testing, for a
communicable disease if the court finds probable cause to
believe:
(1) the petitioner was significantly exposed; and
(2) the exposure occurred during the course of the
emergency services provider's duties or the provision of
emergency assistance or first aid by a first aid volunteer.
(g) The court may order that the specimen be obtained by

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the use of reasonable force if the person who is the subject of
the petition is incarcerated.
(h) The court may order that additional testing be
conducted and that the person submit to that testing, as it
determines to be necessary and appropriate.
(i) The court is not required to order the person to submit
to a test under this Section if it finds that there is a
substantial reason, relating to the life or health of the
person, not to enter the order.
(j) Upon order of the circuit court that a person submit to
testing for a communicable disease, that person shall report to
the designated certified local health department within 10 days
from the issuance of the order, and thereafter as designated by
the court, or be held in contempt of court. The court shall
send the order to the Department and to the certified local
health department ordered to conduct the test. The Department
and a certified local health department may disclose the test
results under a court order as provided in this Section.
(k) The certified local health department or the Department
shall inform the subject of the petition and the petitioner of
the results of the test and advise both parties that the test
results are confidential. That information shall be maintained
as confidential by all parties to the action.
(l) The court, its personnel, the process server, the
Department, certified local health department, and petitioner
shall maintain confidentiality of the name and any other

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identifying information regarding the person tested and the
results of the test except as specifically authorized by this
Act.
(m) Except as provided in this subsection, the petitioner
shall remit payment for the testing and the analysis of the
specimen for the mandatory disease testing to the entity that
conducts the test. If the petitioner is an emergency services
provider, the agency that employs the emergency services
provider shall remit payment for the testing and the analysis
of the specimen for the mandatory disease testing to the entity
that conducts the test.
(n) The entity that conducts the test shall cause the
specimen and the payment for the analysis of the specimen to be
delivered to the Department for analysis.
(o) If the subject of the petition is incarcerated, the
incarcerating authority shall either collect the specimen or
shall pay the expenses of having the person's specimen
collected.
Section 15. Confidentiality of test results. Any person or
entity entitled to receive confidential information under this
Act, other than the person tested and identified in the
information, who violates any provision of this Act by
releasing or making public that confidential information, or by
otherwise breaching the confidentiality requirements of this
Act, is guilty of a Class B misdemeanor.

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Section 99. Effective date. This Act takes effect upon
becoming law.".