|
Public Health and its authorized representatives relating |
to known or suspected cases of sexually transmitted |
infection transmissible disease or any information the |
disclosure of which is restricted under the Illinois |
Sexually Transmitted Infection Transmissible Disease |
Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a |
local emergency energy plan ordinance that is adopted |
under Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by carriers |
|
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information |
or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the |
Capital Crimes Litigation Act (repealed) . This subsection |
(n) shall apply until the conclusion of the trial of the |
case, even if the prosecution chooses not to pursue the |
death penalty prior to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
|
Department of Transportation under Sections 2705-300 and |
2705-616 of the Department of Transportation Law of the |
Civil Administrative Code of Illinois, the Regional |
Transportation Authority under Section 2.11 of the |
Regional Transportation Authority Act, or the St. Clair |
County Transit District under the Bi-State Transit Safety |
Act (repealed) . |
(q) Information prohibited from being disclosed by the |
Personnel Record Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act. |
(t) (Blank). |
(u) Records and information provided to an independent |
team of experts under the Developmental Disability and |
Mental Health Safety Act (also known as Brian's Law). |
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed |
Carry Licensing Review Board under the Firearm Concealed |
Carry Act, and law enforcement agency objections under the |
|
Firearm Concealed Carry Act. |
(v-5) Records of the Firearm Owner's Identification |
Card Review Board that are exempted from disclosure under |
Section 10 of the Firearm Owners Identification Card Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
decision of abuse, neglect, or financial exploitation of |
an eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
|
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information that is exempted from disclosure |
under the Revised Uniform Unclaimed Property Act. |
(gg) Information that is prohibited from being |
disclosed under Section 7-603.5 of the Illinois Vehicle |
Code. |
(hh) Records that are exempt from disclosure under |
Section 1A-16.7 of the Election Code. |
(ii) Information which is exempted from disclosure |
under Section 2505-800 of the Department of Revenue Law of |
the Civil Administrative Code of Illinois. |
(jj) Information and reports that are required to be |
submitted to the Department of Labor by registering day |
and temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted |
|
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. |
(mm) Records that are exempt from disclosure under |
Section 4.2 of the Crime Victims Compensation Act. |
(nn) Information that is exempt from disclosure under |
Section 70 of the Higher Education Student Assistance Act. |
(oo) Communications, notes, records, and reports |
arising out of a peer support counseling session |
prohibited from disclosure under the First Responders |
Suicide Prevention Act. |
(pp) Names and all identifying information relating to |
an employee of an emergency services provider or law |
enforcement agency under the First Responders Suicide |
Prevention Act. |
(qq) Information and records held by the Department of |
Public Health and its authorized representatives collected |
under the Reproductive Health Act. |
(rr) Information that is exempt from disclosure under |
the Cannabis Regulation and Tax Act. |
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois |
Human Rights Act. |
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that |
Act. |
(uu) Information that is exempt from disclosure under |
|
Section 50 of the Sexual Assault Evidence Submission Act. |
(vv) Information that is exempt from disclosure under |
subsections (f) and (j) of Section 5-36 of the Illinois |
Public Aid Code. |
(ww) Information that is exempt from disclosure under |
Section 16.8 of the State Treasurer Act. |
(xx) Information that is exempt from disclosure or |
information that shall not be made public under the |
Illinois Insurance Code. |
(yy) Information prohibited from being disclosed under |
the Illinois Educational Labor Relations Act. |
(zz) Information prohibited from being disclosed under |
the Illinois Public Labor Relations Act. |
(aaa) Information prohibited from being disclosed |
under Section 1-167 of the Illinois Pension Code. |
(bbb) Information that is prohibited from disclosure |
by the Illinois Police Training Act and the Illinois State |
Police Act. |
(ccc) Records exempt from disclosure under Section |
2605-304 of the Illinois State Police Law of the Civil |
Administrative Code of Illinois. |
(ddd) Information prohibited from being disclosed |
under Section 35 of the Address Confidentiality for |
Victims of Domestic Violence, Sexual Assault, Human |
Trafficking, or Stalking Act. |
(eee) Information prohibited from being disclosed |
|
under subsection (b) of Section 75 of the Domestic |
Violence Fatality Review Act. |
(fff) Images from cameras under the Expressway Camera |
Act. This subsection (fff) is inoperative on and after |
July 1, 2025. |
(ggg) Information prohibited from disclosure under |
paragraph (3) of subsection (a) of Section 14 of the Nurse |
Agency Licensing Act. |
(hhh) Information submitted to the Illinois State |
Police in an affidavit or application for an assault |
weapon endorsement, assault weapon attachment endorsement, |
.50 caliber rifle endorsement, or .50 caliber cartridge |
endorsement under the Firearm Owners Identification Card |
Act. |
(iii) Data exempt from disclosure under Section 50 of |
the School Safety Drill Act. |
(jjj) (hhh) Information exempt from disclosure under |
Section 30 of the Insurance Data Security Law. |
(kkk) (iii) Confidential business information |
prohibited from disclosure under Section 45 of the Paint |
Stewardship Act. |
(lll) (Reserved). |
(mmm) (iii) Information prohibited from being |
disclosed under subsection (e) of Section 1-129 of the |
Illinois Power Agency Act. |
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
|
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; |
revised 1-2-24.)
|
(Text of Section after amendment by P.A. 103-472 ) |
Sec. 7.5. Statutory exemptions. To the extent provided for |
by the statutes referenced below, the following shall be |
exempt from inspection and copying: |
(a) All information determined to be confidential |
under Section 4002 of the Technology Advancement and |
Development Act. |
(b) Library circulation and order records identifying |
library users with specific materials under the Library |
Records Confidentiality Act. |
(c) Applications, related documents, and medical |
records received by the Experimental Organ Transplantation |
Procedures Board and any and all documents or other |
records prepared by the Experimental Organ Transplantation |
Procedures Board or its staff relating to applications it |
has received. |
(d) Information and records held by the Department of |
Public Health and its authorized representatives relating |
to known or suspected cases of sexually transmitted |
|
infection transmissible disease or any information the |
disclosure of which is restricted under the Illinois |
Sexually Transmitted Infection Transmissible Disease |
Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a |
local emergency energy plan ordinance that is adopted |
under Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by carriers |
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information |
|
or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the |
Capital Crimes Litigation Act (repealed) . This subsection |
(n) shall apply until the conclusion of the trial of the |
case, even if the prosecution chooses not to pursue the |
death penalty prior to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Department of Transportation under Sections 2705-300 and |
2705-616 of the Department of Transportation Law of the |
|
Civil Administrative Code of Illinois, the Regional |
Transportation Authority under Section 2.11 of the |
Regional Transportation Authority Act, or the St. Clair |
County Transit District under the Bi-State Transit Safety |
Act (repealed) . |
(q) Information prohibited from being disclosed by the |
Personnel Record Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act. |
(t) (Blank). |
(u) Records and information provided to an independent |
team of experts under the Developmental Disability and |
Mental Health Safety Act (also known as Brian's Law). |
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed |
Carry Licensing Review Board under the Firearm Concealed |
Carry Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
(v-5) Records of the Firearm Owner's Identification |
|
Card Review Board that are exempted from disclosure under |
Section 10 of the Firearm Owners Identification Card Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
decision of abuse, neglect, or financial exploitation of |
an eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
|
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information that is exempted from disclosure |
under the Revised Uniform Unclaimed Property Act. |
(gg) Information that is prohibited from being |
disclosed under Section 7-603.5 of the Illinois Vehicle |
Code. |
(hh) Records that are exempt from disclosure under |
Section 1A-16.7 of the Election Code. |
(ii) Information which is exempted from disclosure |
under Section 2505-800 of the Department of Revenue Law of |
the Civil Administrative Code of Illinois. |
(jj) Information and reports that are required to be |
submitted to the Department of Labor by registering day |
and temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted |
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. |
|
(mm) Records that are exempt from disclosure under |
Section 4.2 of the Crime Victims Compensation Act. |
(nn) Information that is exempt from disclosure under |
Section 70 of the Higher Education Student Assistance Act. |
(oo) Communications, notes, records, and reports |
arising out of a peer support counseling session |
prohibited from disclosure under the First Responders |
Suicide Prevention Act. |
(pp) Names and all identifying information relating to |
an employee of an emergency services provider or law |
enforcement agency under the First Responders Suicide |
Prevention Act. |
(qq) Information and records held by the Department of |
Public Health and its authorized representatives collected |
under the Reproductive Health Act. |
(rr) Information that is exempt from disclosure under |
the Cannabis Regulation and Tax Act. |
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois |
Human Rights Act. |
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that |
Act. |
(uu) Information that is exempt from disclosure under |
Section 50 of the Sexual Assault Evidence Submission Act. |
(vv) Information that is exempt from disclosure under |
|
subsections (f) and (j) of Section 5-36 of the Illinois |
Public Aid Code. |
(ww) Information that is exempt from disclosure under |
Section 16.8 of the State Treasurer Act. |
(xx) Information that is exempt from disclosure or |
information that shall not be made public under the |
Illinois Insurance Code. |
(yy) Information prohibited from being disclosed under |
the Illinois Educational Labor Relations Act. |
(zz) Information prohibited from being disclosed under |
the Illinois Public Labor Relations Act. |
(aaa) Information prohibited from being disclosed |
under Section 1-167 of the Illinois Pension Code. |
(bbb) Information that is prohibited from disclosure |
by the Illinois Police Training Act and the Illinois State |
Police Act. |
(ccc) Records exempt from disclosure under Section |
2605-304 of the Illinois State Police Law of the Civil |
Administrative Code of Illinois. |
(ddd) Information prohibited from being disclosed |
under Section 35 of the Address Confidentiality for |
Victims of Domestic Violence, Sexual Assault, Human |
Trafficking, or Stalking Act. |
(eee) Information prohibited from being disclosed |
under subsection (b) of Section 75 of the Domestic |
Violence Fatality Review Act. |
|
(fff) Images from cameras under the Expressway Camera |
Act. This subsection (fff) is inoperative on and after |
July 1, 2025. |
(ggg) Information prohibited from disclosure under |
paragraph (3) of subsection (a) of Section 14 of the Nurse |
Agency Licensing Act. |
(hhh) Information submitted to the Illinois State |
Police in an affidavit or application for an assault |
weapon endorsement, assault weapon attachment endorsement, |
.50 caliber rifle endorsement, or .50 caliber cartridge |
endorsement under the Firearm Owners Identification Card |
Act. |
(iii) Data exempt from disclosure under Section 50 of |
the School Safety Drill Act. |
(jjj) (hhh) Information exempt from disclosure under |
Section 30 of the Insurance Data Security Law. |
(kkk) (iii) Confidential business information |
prohibited from disclosure under Section 45 of the Paint |
Stewardship Act. |
(lll) (iii) Data exempt from disclosure under Section |
2-3.196 of the School Code. |
(mmm) (iii) Information prohibited from being |
disclosed under subsection (e) of Section 1-129 of the |
Illinois Power Agency Act. |
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
|
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; |
103-580, eff. 12-8-23; revised 1-2-24.)
|
Section 10. The Department of Public Health Act is amended |
by changing Section 2 as follows:
|
(20 ILCS 2305/2) (from Ch. 111 1/2, par. 22) |
Sec. 2. Powers. |
(a) The State Department of Public Health has general |
supervision of the interests of the health and lives of the |
people of the State. It has supreme authority in matters of |
quarantine and isolation, and may declare and enforce |
quarantine and isolation when none exists, and may modify or |
relax quarantine and isolation when it has been established. |
The Department may adopt, promulgate, repeal and amend rules |
and regulations and make such sanitary investigations and |
inspections as it may from time to time deem necessary for the |
preservation and improvement of the public health, consistent |
with law regulating the following: |
(1) Transportation of the remains of deceased persons. |
(2) Sanitary practices relating to drinking water made |
accessible to the public for human consumption or for |
lavatory or culinary purposes. |
|
(3) Sanitary practices relating to rest room |
facilities made accessible to the public or to persons |
handling food served to the public. |
(4) Sanitary practices relating to disposal of human |
wastes in or from all buildings and places where people |
live, work or assemble. |
The provisions of the Illinois Administrative Procedure |
Act are hereby expressly adopted and shall apply to all |
administrative rules and procedures of the Department of |
Public Health under this Act, except that Section 5-35 of the |
Illinois Administrative Procedure Act relating to procedures |
for rule-making does not apply to the adoption of any rule |
required by federal law in connection with which the |
Department is precluded by law from exercising any discretion. |
All local boards of health, health authorities and |
officers, police officers, sheriffs and all other officers and |
employees of the state or any locality shall enforce the rules |
and regulations so adopted and orders issued by the Department |
pursuant to this Section. |
The Department of Public Health shall conduct a public |
information campaign to inform Hispanic women of the high |
incidence of breast cancer and the importance of mammograms |
and where to obtain a mammogram. This requirement may be |
satisfied by translation into Spanish and distribution of the |
breast cancer summaries required by Section 2310-345 of the |
Department of Public Health Powers and Duties Law (20 ILCS |
|
2310/2310-345). The information provided by the Department of |
Public Health shall include (i) a statement that mammography |
is the most accurate method for making an early detection of |
breast cancer, however, no diagnostic tool is 100% effective |
and (ii) instructions for performing breast self-examination |
and a statement that it is important to perform a breast |
self-examination monthly. |
The Department of Public Health shall investigate the |
causes of dangerously contagious or infectious diseases, |
especially when existing in epidemic form, and take means to |
restrict and suppress the same, and whenever such disease |
becomes, or threatens to become epidemic, in any locality and |
the local board of health or local authorities neglect or |
refuse to enforce efficient measures for its restriction or |
suppression or to act with sufficient promptness or |
efficiency, or whenever the local board of health or local |
authorities neglect or refuse to promptly enforce efficient |
measures for the restriction or suppression of dangerously |
contagious or infectious diseases, the Department of Public |
Health may enforce such measures as it deems necessary to |
protect the public health, and all necessary expenses so |
incurred shall be paid by the locality for which services are |
rendered. |
(b) Subject to the provisions of subsection (c), the |
Department may order a person or group of persons to be |
quarantined or isolated or may order a place to be closed and |
|
made off limits to the public to prevent the probable spread of |
a dangerously contagious or infectious disease, including |
non-compliant tuberculosis patients, until such time as the |
condition can be corrected or the danger to the public health |
eliminated or reduced in such a manner that no substantial |
danger to the public's health any longer exists. Orders for |
isolation of a person or quarantine of a place to prevent the |
probable spread of a sexually transmitted infection |
transmissible disease shall be governed by the provisions of |
Section 7 of the Illinois Sexually Transmitted Infection |
Transmissible Disease Control Act and not this Section. |
(c) Except as provided in this Section, no person or a |
group of persons may be ordered to be quarantined or isolated |
and no place may be ordered to be closed and made off limits to |
the public except with the consent of the person or owner of |
the place or upon the prior order of a court of competent |
jurisdiction. The Department may, however, order a person or a |
group of persons to be quarantined or isolated or may order a |
place to be closed and made off limits to the public on an |
immediate basis without prior consent or court order if, in |
the reasonable judgment of the Department, immediate action is |
required to protect the public from a dangerously contagious |
or infectious disease. In the event of an immediate order |
issued without prior consent or court order, the Department |
shall, as soon as practical, within 48 hours after issuing the |
order, obtain the consent of the person or owner or file a |
|
petition requesting a court order authorizing the isolation or |
quarantine or closure. When exigent circumstances exist that |
cause the court system to be unavailable or that make it |
impossible to obtain consent or file a petition within 48 |
hours after issuance of an immediate order, the Department |
must obtain consent or file a petition requesting a court |
order as soon as reasonably possible. To obtain a court order, |
the Department, by clear and convincing evidence, must prove |
that the public's health and welfare are significantly |
endangered by a person or group of persons that has, that is |
suspected of having, that has been exposed to, or that is |
reasonably believed to have been exposed to a dangerously |
contagious or infectious disease including non-compliant |
tuberculosis patients or by a place where there is a |
significant amount of activity likely to spread a dangerously |
contagious or infectious disease. The Department must also |
prove that all other reasonable means of correcting the |
problem have been exhausted and no less restrictive |
alternative exists. For purposes of this subsection, in |
determining whether no less restrictive alternative exists, |
the court shall consider evidence showing that, under the |
circumstances presented by the case in which an order is |
sought, quarantine or isolation is the measure provided for in |
a rule of the Department or in guidelines issued by the Centers |
for Disease Control and Prevention or the World Health |
Organization. Persons who are or are about to be ordered to be |
|
isolated or quarantined and owners of places that are or are |
about to be closed and made off limits to the public shall have |
the right to counsel. If a person or owner is indigent, the |
court shall appoint counsel for that person or owner. Persons |
who are ordered to be isolated or quarantined or who are owners |
of places that are ordered to be closed and made off limits to |
the public, shall be given a written notice of such order. The |
written notice shall additionally include the following: (1) |
notice of the right to counsel; (2) notice that if the person |
or owner is indigent, the court will appoint counsel for that |
person or owner; (3) notice of the reason for the order for |
isolation, quarantine, or closure; (4) notice of whether the |
order is an immediate order, and if so, the time frame for the |
Department to seek consent or to file a petition requesting a |
court order as set out in this subsection; and (5) notice of |
the anticipated duration of the isolation, quarantine, or |
closure. |
(d) The Department may order physical examinations and |
tests and collect laboratory specimens as necessary for the |
diagnosis or treatment of individuals in order to prevent the |
probable spread of a dangerously contagious or infectious |
disease. Physical examinations, tests, or collection of |
laboratory specimens must not be such as are reasonably likely |
to lead to serious harm to the affected individual. To prevent |
the spread of a dangerously contagious or infectious disease, |
the Department may, pursuant to the provisions of subsection |
|
(c) of this Section, isolate or quarantine any person whose |
refusal of physical examination or testing or collection of |
laboratory specimens results in uncertainty regarding whether |
he or she has been exposed to or is infected with a dangerously |
contagious or infectious disease or otherwise poses a danger |
to the public's health. An individual may refuse to consent to |
a physical examination, test, or collection of laboratory |
specimens. An individual shall be given a written notice that |
shall include notice of the following: (i) that the individual |
may refuse to consent to physical examination, test, or |
collection of laboratory specimens; (ii) that if the |
individual consents to physical examination, tests, or |
collection of laboratory specimens, the results of that |
examination, test, or collection of laboratory specimens may |
subject the individual to isolation or quarantine pursuant to |
the provisions of subsection (c) of this Section; (iii) that |
if the individual refuses to consent to physical examination, |
tests, or collection of laboratory specimens and that refusal |
results in uncertainty regarding whether he or she has been |
exposed to or is infected with a dangerously contagious or |
infectious disease or otherwise poses a danger to the public's |
health, the individual may be subject to isolation or |
quarantine pursuant to the provisions of subsection (c) of |
this Section; and (iv) that if the individual refuses to |
consent to physical examinations, tests, or collection of |
laboratory specimens and becomes subject to isolation and |
|
quarantine as provided in this subsection (d), he or she shall |
have the right to counsel pursuant to the provisions of |
subsection (c) of this Section. To the extent feasible without |
endangering the public's health, the Department shall respect |
and accommodate the religious beliefs of individuals in |
implementing this subsection. |
(e) The Department may order the administration of |
vaccines, medications, or other treatments to persons as |
necessary in order to prevent the probable spread of a |
dangerously contagious or infectious disease. A vaccine, |
medication, or other treatment to be administered must not be |
such as is reasonably likely to lead to serious harm to the |
affected individual. To prevent the spread of a dangerously |
contagious or infectious disease, the Department may, pursuant |
to the provisions of subsection (c) of this Section, isolate |
or quarantine persons who are unable or unwilling to receive |
vaccines, medications, or other treatments pursuant to this |
Section. An individual may refuse to receive vaccines, |
medications, or other treatments. An individual shall be given |
a written notice that shall include notice of the following: |
(i) that the individual may refuse to consent to vaccines, |
medications, or other treatments; (ii) that if the individual |
refuses to receive vaccines, medications, or other treatments, |
the individual may be subject to isolation or quarantine |
pursuant to the provisions of subsection (c) of this Section; |
and (iii) that if the individual refuses to receive vaccines, |
|
medications, or other treatments and becomes subject to |
isolation or quarantine as provided in this subsection (e), he |
or she shall have the right to counsel pursuant to the |
provisions of subsection (c) of this Section. To the extent |
feasible without endangering the public's health, the |
Department shall respect and accommodate the religious beliefs |
of individuals in implementing this subsection. |
(f) The Department may order observation and monitoring of |
persons to prevent the probable spread of a dangerously |
contagious or infectious disease. To prevent the spread of a |
dangerously contagious or infectious disease, the Department |
may, pursuant to the provisions of subsection (c) of this |
Section, isolate or quarantine persons whose refusal to |
undergo observation and monitoring results in uncertainty |
regarding whether he or she has been exposed to or is infected |
with a dangerously contagious or infectious disease or |
otherwise poses a danger to the public's health. An individual |
may refuse to undergo observation and monitoring. An |
individual shall be given written notice that shall include |
notice of the following: (i) that the individual may refuse to |
undergo observation and monitoring; (ii) that if the |
individual consents to observation and monitoring, the results |
of that observation and monitoring may subject the individual |
to isolation or quarantine pursuant to the provisions of |
subsection (c) of this Section; (iii) that if the individual |
refuses to undergo observation and monitoring and that refusal |
|
results in uncertainty regarding whether he or she has been |
exposed to or is infected with a dangerously contagious or |
infectious disease or otherwise poses a danger to the public's |
health, the individual may be subject to isolation or |
quarantine pursuant to the provisions of subsection (c) of |
this Section; and (iv) that if the individual refuses to |
undergo observation and monitoring and becomes subject to |
isolation or quarantine as provided in this subsection (f), he |
or she shall have the right to counsel pursuant to the |
provisions of subsection (c) of this Section. |
(g) To prevent the spread of a dangerously contagious or |
infectious disease among humans, the Department may examine, |
test, disinfect, seize, or destroy animals or other related |
property believed to be sources of infection. An owner of such |
animal or other related property shall be given written notice |
regarding such examination, testing, disinfection, seizure, or |
destruction. When the Department determines that any animal or |
related property is infected with or has been exposed to a |
dangerously contagious or infectious disease, it may agree |
with the owner upon the value of the animal or of any related |
property that it may be found necessary to destroy, and in case |
such an agreement cannot be made, the animals or related |
property shall be appraised by 3 competent and disinterested |
appraisers, one to be selected by the Department, one by the |
claimant, and one by the 2 appraisers thus selected. The |
appraisers shall subscribe to an oath made in writing to |
|
fairly value the animals or related property in accordance |
with the requirements of this Act. The oath, together with the |
valuation fixed by the appraisers, shall be filed with the |
Department and preserved by it. Upon the appraisal being made, |
the owner or the Department shall immediately destroy the |
animals by "humane euthanasia" as that term is defined in |
Section 2.09 of the Humane Care for Animals Act. Dogs and cats, |
however, shall be euthanized pursuant to the provisions of the |
Humane Euthanasia in Animal Shelters Act. The owner or the |
Department shall additionally, dispose of the carcasses, and |
disinfect, change, or destroy the premises occupied by the |
animals, in accordance with rules prescribed by the Department |
governing such destruction and disinfection. Upon his or her |
failure so to do or to cooperate with the Department, the |
Department shall cause the animals or related property to be |
destroyed and disposed of in the same manner, and thereupon |
the owner shall forfeit all right to receive any compensation |
for the destruction of the animals or related property. All |
final administrative decisions of the Department hereunder |
shall be subject to judicial review pursuant to the provisions |
of the Administrative Review Law, and all amendments and |
modifications thereof, and the rules adopted pursuant thereto. |
The term "administrative decision" is defined as in Section |
3-101 of the Code of Civil Procedure. |
(h) To prevent the spread of a dangerously contagious or |
infectious disease, the Department, local boards of health, |
|
and local public health authorities shall have emergency |
access to medical or health information or records or data |
upon the condition that the Department, local boards of |
health, and local public health authorities shall protect the |
privacy and confidentiality of any medical or health |
information or records or data obtained pursuant to this |
Section in accordance with federal and State law. |
Additionally, any such medical or health information or |
records or data shall be exempt from inspection and copying |
under the Freedom of Information Act. Other than a hearing for |
the purpose of this Act, any information, records, reports, |
statements, notes, memoranda, or other data in the possession |
of the Department, local boards of health, or local public |
health authorities shall not be admissible as evidence, nor |
discoverable in any action of any kind in any court or before |
any tribunal, board, agency, or person. The access to or |
disclosure of any of this information or data by the |
Department, a local board of health, or a local public |
authority shall not waive or have any effect upon its |
non-discoverability or non-admissibility. Any person, |
facility, institution, or agency that provides emergency |
access to health information and data under this subsection |
shall have immunity from any civil or criminal liability, or |
any other type of liability that might otherwise result by |
reason of these actions except in the event of willful and |
wanton misconduct. The privileged quality of communication |
|
between any professional person or any facility shall not |
constitute grounds for failure to provide emergency access. |
Nothing in this subsection shall prohibit the sharing of |
information as authorized in Section 2.1 of this Act. The |
disclosure of any of this information, records, reports, |
statements, notes, memoranda, or other data obtained in any |
activity under this Act, except that necessary for the |
purposes of this Act, is unlawful, and any person convicted of |
violating this provision is guilty of a Class A misdemeanor. |
(i) (A) The Department, in order to prevent and |
control disease, injury, or disability among citizens of |
the State of Illinois, may develop and implement, in |
consultation with local public health authorities, a |
Statewide system for syndromic data collection through the |
access to interoperable networks, information exchanges, |
and databases. The Department may also develop a system |
for the reporting of comprehensive, integrated data to |
identify and address unusual occurrences of disease |
symptoms and other medical complexes affecting the |
public's health. |
(B) The Department may enter into contracts or |
agreements with individuals, corporations, hospitals, |
universities, not-for-profit corporations, governmental |
entities, or other organizations, whereby those |
individuals or entities agree to provide assistance in the |
compilation of the syndromic data collection and reporting |
|
system. |
(C) The Department shall not release any syndromic |
data or information obtained pursuant to this subsection |
to any individuals or entities for purposes other than the |
protection of the public health. All access to data by the |
Department, reports made to the Department, the identity |
of or facts that would tend to lead to the identity of the |
individual who is the subject of the report, and the |
identity of or facts that would tend to lead to the |
identity of the author of the report shall be strictly |
confidential, are not subject to inspection or |
dissemination, and shall be used only for public health |
purposes by the Department, local public health |
authorities, or the Centers for Disease Control and |
Prevention. Entities or individuals submitting reports or |
providing access to the Department shall not be held |
liable for the release of information or confidential data |
to the Department in accordance with this subsection. |
(D) Nothing in this subsection prohibits the sharing |
of information as authorized in Section 2.1 of this Act. |
(j) This Section shall be considered supplemental to the |
existing authority and powers of the Department and shall not |
be construed to restrain or restrict the Department in |
protecting the public health under any other provisions of the |
law. |
(k) Any person who knowingly or maliciously disseminates |
|
any false information or report concerning the existence of |
any dangerously contagious or infectious disease in connection |
with the Department's power of quarantine, isolation and |
closure or refuses to comply with a quarantine, isolation or |
closure order is guilty of a Class A misdemeanor. |
(l) The Department of Public Health may establish and |
maintain a chemical and bacteriologic laboratory for the |
examination of water and wastes, and for the diagnosis of |
diphtheria, typhoid fever, tuberculosis, malarial fever and |
such other diseases as it deems necessary for the protection |
of the public health. |
As used in this Act, "locality" means any governmental |
agency which exercises power pertaining to public health in an |
area less than the State. |
The terms "sanitary investigations and inspections" and |
"sanitary practices" as used in this Act shall not include or |
apply to "Public Water Supplies" or "Sewage Works" as defined |
in the Environmental Protection Act. The Department may adopt |
rules that are reasonable and necessary to implement and |
effectuate this amendatory Act of the 93rd General Assembly. |
(m) The public health measures set forth in subsections |
(a) through (h) of this Section may be used by the Department |
to respond to chemical, radiological, or nuclear agents or |
events. The individual provisions of subsections (a) through |
(h) of this Section apply to any order issued by the Department |
under this Section. The provisions of subsection (k) apply to |
|
chemical, radiological, or nuclear agents or events. Prior to |
the Department issuing an order for public health measures set |
forth in this Act for chemical, radiological, or nuclear |
agents or events as authorized in subsection (m), the |
Department and the Illinois Emergency Management Agency shall |
consult in accordance with the Illinois emergency response |
framework. When responding to chemical, radiological, or |
nuclear agents or events, the Department shall determine the |
health related risks and appropriate public health response |
measures and provide recommendations for response to the |
Illinois Emergency Management Agency. Nothing in this Section |
shall supersede the current National Incident Management |
System and the Illinois Emergency Operation Plan or response |
plans and procedures established pursuant to IEMA statutes. |
(Source: P.A. 96-698, eff. 8-25-09.)
|
Section 15. The Hospital Licensing Act is amended by |
changing Section 6.17 as follows:
|
(210 ILCS 85/6.17) |
Sec. 6.17. Protection of and confidential access to |
medical records and information. |
(a) Every hospital licensed under this Act shall develop a |
medical record for each of its patients as required by the |
Department by rule. |
(b) All information regarding a hospital patient gathered |
|
by the hospital's medical staff and its agents and employees |
shall be the property and responsibility of the hospital and |
must be protected from inappropriate disclosure as provided in |
this Section. |
(c) Every hospital shall preserve its medical records in a |
format and for a duration established by hospital policy and |
for not less than 10 years, provided that if the hospital has |
been notified in writing by an attorney before the expiration |
of the 10 year retention period that there is litigation |
pending in court involving the record of a particular patient |
as possible evidence and that the patient is his client or is |
the person who has instituted such litigation against his |
client, then the hospital shall retain the record of that |
patient until notified in writing by the plaintiff's attorney, |
with the approval of the defendant's attorney of record, that |
the case in court involving such record has been concluded or |
for a period of 12 years from the date that the record was |
produced, whichever occurs first in time. |
(d) No member of a hospital's medical staff and no agent or |
employee of a hospital shall disclose the nature or details of |
services provided to patients, except that the information may |
be disclosed to the patient, persons authorized by the |
patient, the party making treatment decisions, if the patient |
is incapable of making decisions regarding the health services |
provided, those parties directly involved with providing |
treatment to the patient or processing the payment for that |
|
treatment, those parties responsible for peer review, |
utilization review or quality assurance, risk management, or |
defense of claims brought against the hospital arising out of |
the care, and those parties required to be notified under the |
Abused and Neglected Child Reporting Act, the Illinois |
Sexually Transmitted Infection Transmissible Disease Control |
Act, or where otherwise authorized or required by law. |
(e) The hospital's medical staff members and the |
hospital's agents and employees may communicate, at any time |
and in any fashion, with legal counsel for the hospital |
concerning the patient medical record privacy and retention |
requirements of this Section and any care or treatment they |
provided or assisted in providing to any patient within the |
scope of their employment or affiliation with the hospital. |
(e-5) Notwithstanding subsections (d) and (e), for actions |
filed on or after January 1, 2004, after a complaint for |
healing art malpractice is served upon the hospital or upon |
its agents or employees, members of the hospital's medical |
staff who are not actual or alleged agents, employees, or |
apparent agents of the hospital may not communicate with legal |
counsel for the hospital or with risk management of the |
hospital concerning the claim alleged in the complaint for |
healing art malpractice against the hospital except with the |
patient's consent or in discovery authorized by the Code of |
Civil Procedure or the Supreme Court rules. For the purposes |
of this subsection (e-5), "hospital" includes a hospital |
|
affiliate as defined in subsection (b) of Section 10.8 of this |
Act. |
(f) Each hospital licensed under this Act shall provide |
its federally designated organ procurement agency and any |
tissue bank with which it has an agreement with access to the |
medical records of deceased patients for the following |
purposes: |
(1) estimating the hospital's organ and tissue |
donation potential; |
(2) identifying the educational needs of the hospital |
with respect to organ and tissue donation; and |
(3) identifying the number of organ and tissue |
donations and referrals to potential organ and tissue |
donors. |
(g) All hospital and patient information, interviews, |
reports, statements, memoranda, and other data obtained or |
created by a tissue bank or federally designated organ |
procurement agency from the medical records review described |
in subsection (f) shall be privileged, strictly confidential, |
and used only for the purposes put forth in subsection (f) of |
this Section and shall not be admissible as evidence nor |
discoverable in an action of any kind in court or before a |
tribunal, board, agency, or person. |
(h) Any person who, in good faith, acts in accordance with |
the terms of this Section shall not be subject to any type of |
civil or criminal liability or discipline for unprofessional |
|
conduct for those actions under any professional licensing |
statute. |
(i) Any individual who wilfully or wantonly discloses |
hospital or medical record information in violation of this |
Section is guilty of a Class A misdemeanor. As used in this |
subsection, "wilfully or wantonly" means a course of action |
that shows an actual or deliberate intention to cause harm or |
that, if not intentional, shows an utter indifference to or |
conscious disregard for the safety of others or their |
property. |
(j) The changes to this Section made by this amendatory |
Act of the 93rd General Assembly apply to any action filed on |
or after January 1, 2004. |
(Source: P.A. 93-492, eff. 1-1-04.)
|
Section 20. The Medical Practice Act of 1987 is amended by |
changing Section 64 as follows:
|
(225 ILCS 60/64) |
(Section scheduled to be repealed on January 1, 2027) |
Sec. 64. Sexually Transmitted Infection Transmissible |
Disease Control Act. No licensee under this Act may be |
disciplined for providing expedited partner therapy in |
accordance with the provisions of the Illinois Sexually |
Transmitted Infection Transmissible Disease Control Act. |
(Source: P.A. 96-613, eff. 1-1-10 .)
|
|
Section 25. The Nurse Practice Act is amended by changing |
Section 70-170 as follows:
|
(225 ILCS 65/70-170) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 70-170. Sexually Transmitted Infection Transmissible |
Disease Control Act. No licensee under this Act may be |
disciplined for providing expedited partner therapy in |
accordance with the provisions of the Illinois Sexually |
Transmitted Infection Transmissible Disease Control Act. |
(Source: P.A. 96-613, eff. 1-1-10 .)
|
Section 30. The Physician Assistant Practice Act of 1987 |
is amended by changing Section 25 as follows:
|
(225 ILCS 95/25) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 25. Sexually Transmitted Infection Transmissible |
Disease Control Act. No licensee under this Act may be |
disciplined for providing expedited partner therapy in |
accordance with the provisions of the Illinois Sexually |
Transmitted Infection Transmissible Disease Control Act. |
(Source: P.A. 96-613, eff. 1-1-10 .)
|
Section 35. The Medical Patient Rights Act is amended by |
|
changing Section 3 as follows:
|
(410 ILCS 50/3) (from Ch. 111 1/2, par. 5403) |
Sec. 3. The following rights are hereby established: |
(a) The right of each patient to care consistent with |
sound nursing and medical practices, to be informed of the |
name of the physician responsible for coordinating his or |
her care, to receive information concerning his or her |
condition and proposed treatment, to refuse any treatment |
to the extent permitted by law, and to privacy and |
confidentiality of records except as otherwise provided by |
law. |
(b) The right of each patient, regardless of source of |
payment, to examine and receive a reasonable explanation |
of his total bill for services rendered by his physician |
or health care provider, including the itemized charges |
for specific services received. Each physician or health |
care provider shall be responsible only for a reasonable |
explanation of those specific services provided by such |
physician or health care provider. |
(c) In the event an insurance company or health |
services corporation cancels or refuses to renew an |
individual policy or plan, the insured patient shall be |
entitled to timely, prior notice of the termination of |
such policy or plan. |
An insurance company or health services corporation |
|
that requires any insured patient or applicant for new or |
continued insurance or coverage to be tested for infection |
with human immunodeficiency virus (HIV) or any other |
identified causative agent of acquired immunodeficiency |
syndrome (AIDS) shall (1) give the patient or applicant |
prior written notice of such requirement, (2) proceed with |
such testing only upon the written authorization of the |
applicant or patient, and (3) keep the results of such |
testing confidential. Notice of an adverse underwriting or |
coverage decision may be given to any appropriately |
interested party, but the insurer may only disclose the |
test result itself to a physician designated by the |
applicant or patient, and any such disclosure shall be in |
a manner that assures confidentiality. |
The Department of Insurance shall enforce the |
provisions of this subsection. |
(d) The right of each patient to privacy and |
confidentiality in health care. Each physician, health |
care provider, health services corporation and insurance |
company shall refrain from disclosing the nature or |
details of services provided to patients, except that such |
information may be disclosed: (1) to the patient, (2) to |
the party making treatment decisions if the patient is |
incapable of making decisions regarding the health |
services provided, (3) for treatment in accordance with 45 |
CFR 164.501 and 164.506, (4) for payment in accordance |
|
with 45 CFR 164.501 and 164.506, (5) to those parties |
responsible for peer review, utilization review, and |
quality assurance, (6) for health care operations in |
accordance with 45 CFR 164.501 and 164.506, (7) to those |
parties required to be notified under the Abused and |
Neglected Child Reporting Act or the Illinois Sexually |
Transmitted Infection Transmissible Disease Control Act, |
or (8) as otherwise permitted, authorized, or required by |
State or federal law. This right may be waived in writing |
by the patient or the patient's guardian or legal |
representative, but a physician or other health care |
provider may not condition the provision of services on |
the patient's, guardian's, or legal representative's |
agreement to sign such a waiver. In the interest of public |
health, safety, and welfare, patient information, |
including, but not limited to, health information, |
demographic information, and information about the |
services provided to patients, may be transmitted to or |
through a health information exchange, as that term is |
defined in Section 2 of the Mental Health and |
Developmental Disabilities Confidentiality Act, in |
accordance with the disclosures permitted pursuant to this |
Section. Patients shall be provided the opportunity to opt |
out of their health information being transmitted to or |
through a health information exchange in accordance with |
Section 9.6 of the Mental Health and Developmental |
|
Disabilities Confidentiality Act, Section 9.6 of the AIDS |
Confidentiality Act, or Section 31.8 of the Genetic |
Information Privacy Act, as applicable. In the case of a |
patient choosing to opt out of having his or her |
information available on an HIE, nothing in this Act shall |
cause the physician or health care provider to be liable |
for the release of a patient's health information by other |
entities that may possess such information, including, but |
not limited to, other health professionals, providers, |
laboratories, pharmacies, hospitals, ambulatory surgical |
centers, and nursing homes. |
(Source: P.A. 103-508, eff. 8-4-23.)
|
Section 40. The Illinois Sexually Transmissible Disease |
Control Act is amended by changing the title of the Act and |
Sections 1, 2, 3, 4, 5, 5.5, 6, 7, 8, and 9 as follows:
|
(410 ILCS 325/Act title) |
An Act in relation to sexually transmitted infection |
transmissible disease control, amending an Act herein named.
|
(410 ILCS 325/1) (from Ch. 111 1/2, par. 7401) |
Sec. 1. Short title. This Act shall be known and may be |
cited as the Illinois Sexually Transmitted Infection |
Transmissible Disease Control Act. |
(Source: P.A. 85-681.)
|
|
(410 ILCS 325/2) (from Ch. 111 1/2, par. 7402) |
Sec. 2. Findings; intent. The General Assembly finds and |
declares that sexually transmitted infections transmissible |
diseases constitute a serious and sometimes fatal threat to |
the public and individual health and welfare of the people of |
the State and visitors to the State. The General Assembly |
finds that the incidence of sexually transmitted infections |
transmissible diseases is rising at an alarming rate and that |
these infections diseases result in significant social, health |
and economic costs, including infant and maternal mortality, |
temporary and lifelong disability and premature death. The |
General Assembly finds that sexually transmitted infections |
transmissible diseases , by their nature, involve sensitive |
issues of privacy, and it is the intent of the General Assembly |
that all programs designed to deal with these infections |
diseases afford patients privacy, confidentiality and dignity. |
The General Assembly finds that medical knowledge and |
information about sexually transmitted infections |
transmissible diseases are rapidly changing. The General |
Assembly intends to provide a program that is sufficiently |
flexible to meet emerging needs, deals efficiently and |
effectively with reducing the incidence of sexually |
transmitted infections transmissible diseases , and provides |
patients with a secure knowledge that information they provide |
will remain private and confidential. |
|
(Source: P.A. 85-681.)
|
(410 ILCS 325/3) (from Ch. 111 1/2, par. 7403) |
Sec. 3. Definitions. As used in this Act, unless the |
context clearly requires otherwise: |
(1) "Department" means the Department of Public Health. |
(2) "Local health authority" means the full-time official |
health department of board of health, as recognized by the |
Department, having jurisdiction over a particular area. |
(3) "Sexually transmitted infections transmissible |
disease " means a bacterial, viral, fungal or parasitic |
infection disease , determined by rule of the Department to be |
sexually transmissible, to be a threat to the public health |
and welfare, and to be an infection a disease for which a |
legitimate public interest will be served by providing for |
regulation and treatment. In considering which infections |
diseases are to be designated sexually transmitted infections |
transmissible diseases , the Department shall consider such |
infections diseases as chancroid, gonorrhea, granuloma |
inguinale, lymphogranuloma venereum, genital herpes simplex, |
chlamydia, human papillomavirus (HPV), mpox, nongonococcal |
urethritis (NGU), pelvic inflammatory disease (PID)/Acute |
Salpingitis, syphilis, Acquired Immunodeficiency Syndrome |
(AIDS), and Human Immunodeficiency Virus (HIV) for |
designation, and shall consider the recommendations and |
classifications of the Centers for Disease Control and other |
|
nationally recognized medical authorities. Not all infections |
diseases that are sexually transmissible need be designated |
for purposes of this Act. |
(4) "Health care professional" means a physician licensed |
to practice medicine in all its branches, a licensed physician |
assistant, or a licensed advanced practice registered nurse. |
(5) "Expedited partner therapy" means to prescribe, |
dispense, furnish, or otherwise provide prescription |
antibiotic drugs to the partner or partners of persons |
clinically diagnosed as infected with a sexually transmitted |
infection transmissible disease , without physical examination |
of the partner or partners. |
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
|
(410 ILCS 325/4) (from Ch. 111 1/2, par. 7404) |
Sec. 4. Reporting required. |
(a) A physician licensed under the provisions of the |
Medical Practice Act of 1987, an advanced practice registered |
nurse licensed under the provisions of the Nurse Practice Act, |
or a physician assistant licensed under the provisions of the |
Physician Assistant Practice Act of 1987 who makes a diagnosis |
of or treats a person with a sexually transmitted infection |
transmissible disease and each laboratory that performs a test |
for a sexually transmitted infection transmissible disease |
which concludes with a positive result shall report such facts |
as may be required by the Department by rule, within such time |
|
period as the Department may require by rule, but in no case to |
exceed 2 weeks. |
(b) The Department shall adopt rules specifying the |
information required in reporting a sexually transmitted |
infection transmissible disease , the method of reporting and |
specifying a minimum time period for reporting. In adopting |
such rules, the Department shall consider the need for |
information, protections for the privacy and confidentiality |
of the patient, and the practical abilities of persons and |
laboratories to report in a reasonable fashion. |
(c) Any person who knowingly or maliciously disseminates |
any false information or report concerning the existence of |
any sexually transmitted infections transmissible disease |
under this Section is guilty of a Class A misdemeanor. |
(d) Any person who violates the provisions of this Section |
or the rules adopted hereunder may be fined by the Department |
up to $500 for each violation. The Department shall report |
each violation of this Section to the regulatory agency |
responsible for licensing a health care professional or a |
laboratory to which these provisions apply. |
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
|
(410 ILCS 325/5) (from Ch. 111 1/2, par. 7405) |
Sec. 5. Contact investigation. (a) The Department shall |
adopt rules authorizing interviews and its authorized |
representatives may interview, or cause to be interviewed, all |
|
persons infected with a sexually transmitted infection |
transmissible disease and all persons whom the Department |
reasonably believes may be infected with such infection |
disease for the purpose of investigating the source and spread |
of the infection disease and for the purpose of ordering a |
person to submit to examination and treatment as necessary for |
the protection of the public health and safety. |
(b) All information gathered in the course of contact |
investigation pursuant to this Section shall be considered |
confidential and subject to the provisions of Section 8 of |
this Act. Such information shall be exempt from inspection and |
copying under The Freedom of Information Act, as amended. |
(c) No person contacted under this Section or reasonably |
believed to be infected with a sexually transmitted infection |
transmissible disease who reveals the name or names of sexual |
contacts during the course of an investigation shall be held |
liable in a civil action for such revelation, unless the |
revelation is made falsely or with reckless disregard for the |
truth. |
(d) Any person who knowingly or maliciously disseminates |
any false information or report concerning the existence of |
any sexually transmitted infection transmissible disease under |
this Section is guilty of a Class A misdemeanor. |
(Source: P.A. 85-681.)
|
(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5) |
|
Sec. 5.5. Risk assessment. |
(a) Whenever the Department receives a report of HIV |
infection or AIDS pursuant to this Act and the Department |
determines that the subject of the report may present or may |
have presented a possible risk of HIV transmission, the |
Department shall, when medically appropriate, investigate the |
subject of the report and that person's contacts as defined in |
subsection (c), to assess the potential risks of transmission. |
Any investigation and action shall be conducted in a timely |
fashion. All contacts other than those defined in subsection |
(c) shall be investigated in accordance with Section 5 of this |
Act. |
(b) If the Department determines that there is or may have |
been potential risks of HIV transmission from the subject of |
the report to other persons, the Department shall afford the |
subject the opportunity to submit any information and comment |
on proposed actions the Department intends to take with |
respect to the subject's contacts who are at potential risk of |
transmission of HIV prior to notification of the subject's |
contacts. The Department shall also afford the subject of the |
report the opportunity to notify the subject's contacts in a |
timely fashion who are at potential risk of transmission of |
HIV prior to the Department taking any steps to notify such |
contacts. If the subject declines to notify such contacts or |
if the Department determines the notices to be inadequate or |
incomplete, the Department shall endeavor to notify such other |
|
persons of the potential risk, and offer testing and |
counseling services to these individuals. When the contacts |
are notified, they shall be informed of the disclosure |
provisions of the AIDS Confidentiality Act and the penalties |
therein and this Section. |
(c) Contacts investigated under this Section shall in the |
case of HIV infection include (i) individuals who have |
undergone invasive procedures performed by an HIV infected |
health care provider and (ii) health care providers who have |
performed invasive procedures for persons infected with HIV, |
provided the Department has determined that there is or may |
have been potential risk of HIV transmission from the health |
care provider to those individuals or from infected persons to |
health care providers. The Department shall have access to the |
subject's records to review for the identity of contacts. The |
subject's records shall not be copied or seized by the |
Department. |
For purposes of this subsection, the term "invasive |
procedures" means those procedures termed invasive by the |
Centers for Disease Control in current guidelines or |
recommendations for the prevention of HIV transmission in |
health care settings, and the term "health care provider" |
means any physician, dentist, podiatric physician, advanced |
practice registered nurse, physician assistant, nurse, or |
other person providing health care services of any kind. |
(d) All information and records held by the Department and |
|
local health authorities pertaining to activities conducted |
pursuant to this Section shall be strictly confidential and |
exempt from copying and inspection under the Freedom of |
Information Act. Such information and records shall not be |
released or made public by the Department or local health |
authorities, and shall not be admissible as evidence, nor |
discoverable in any action of any kind in any court or before |
any tribunal, board, agency or person and shall be treated in |
the same manner as the information and those records subject |
to the provisions of Part 21 of Article VIII of the Code of |
Civil Procedure except under the following circumstances: |
(1) When made with the written consent of all persons |
to whom this information pertains; |
(2) (Blank); or |
(3) When made by the Department for the purpose of |
seeking a warrant authorized by Sections 6 and 7 of this |
Act. Such disclosure shall conform to the requirements of |
subsection (a) of Section 8 of this Act. |
(e) Any person who knowingly or maliciously disseminates |
any information or report concerning the existence of any |
infection disease under this Section is guilty of a Class A |
misdemeanor. |
(Source: P.A. 102-168, eff. 7-27-21.)
|
(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 |
transmitted infection transmissible disease . |
(b) Subject to the provisions of subsection (c) of this |
Section, persons with a sexually transmitted infection |
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 infection 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 transmitted infection 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 transmitted infection 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 transmitted |
infections transmissible diseases . |
(1) Notwithstanding any other provision of law, a |
health care professional who makes a clinical diagnosis of |
chlamydia, 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 transmitted |
infection 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 |
transmitted infections transmissible diseases . Expedited |
partner therapy shall be limited to partners who may have |
been exposed to a sexually transmitted infection |
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 this |
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 transmitted infections 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 transmitted |
infections transmissible diseases , and available |
resources; |
(F) notification of the risk to self, others, and |
the public health if the sexually transmitted |
infection 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 transmitted infection 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 transmitted |
infections 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. 102-185, eff. 1-1-22 .)
|
(410 ILCS 325/7) (from Ch. 111 1/2, par. 7407) |
Sec. 7. Quarantine and isolation. |
(a) Subject to the provisions of subsection (b) of this |
Section, the Department may order a person to be isolated or a |
place to be quarantined and made off limits to the public to |
prevent the probable spread of a sexually transmitted |
infection transmissible disease , until such time as the |
condition can be corrected or the danger to the public health |
eliminated or reduced in such a manner that no substantial |
danger to the public's health any longer exists. |
(b) No person may be ordered to be isolated, and no place |
may be ordered to be quarantined, except with the consent of |
such person or owner of such place or upon the order of a court |
of competent jurisdiction and upon proof by the Department, by |
clear and convincing evidence, that the public's health and |
welfare are significantly endangered by a person with a |
sexually transmitted infection transmissible disease or by a |
place where there is a significant amount of sexual activity |
likely to spread a sexually transmitted infection |
transmissible disease , and upon proof that all other |
|
reasonable means of correcting the problem have been exhausted |
and no less restrictive alternative exists. |
(c) This Section shall be considered supplemental to the |
existing authorities and powers of the Department, and shall |
not be construed to restrain or restrict the Department in |
protecting the public health under any other provisions of the |
law. |
(d) Any person who knowingly or maliciously disseminates |
any false information or report concerning the existence of |
any sexually transmitted infection transmissible disease in |
connection with the Department's power of quarantine and |
isolation is guilty of a Class A misdemeanor. |
(Source: P.A. 85-681.)
|
(410 ILCS 325/8) (from Ch. 111 1/2, par. 7408) |
Sec. 8. Confidentiality. |
(a) All information and records held by the Department and |
its authorized representatives relating to known or suspected |
cases of sexually transmitted infections transmissible |
diseases shall be strictly confidential and exempt from |
inspection and copying under The Freedom of Information Act, |
as amended. The Department and its authorized representatives |
shall not disclose information and records held by them |
relating to known or suspected cases of sexually transmitted |
infections transmissible diseases publicly or in any action of |
any kind in any court or before any tribunal, board, or agency, |
|
and such information shall not be released or made public by a |
court conducting proceedings authorized by subsection (c) of |
Section 6 of this Act, except that release of such information |
may be made under the following circumstances: |
(1) When made with the consent of all persons to which |
the information applies; |
(2) When made for statistical purposes and medical or |
epidemiologic information is summarized so that no person |
can be identified and no names are revealed; |
(3) When made to medical personnel, appropriate State |
agencies or courts of appropriate jurisdiction to enforce |
the provisions of this Act and related rules; or |
(4) When made to persons determined by the Department |
to be or have been at potential risk of HIV transmission |
pursuant to Section 5.5 of this Act. |
(b) (Blank). |
(c) A court hearing a request for the issuance of a warrant |
as authorized in subsection (c) of Section 6 of this Act shall |
conduct such proceedings in camera. A record shall be made of |
authorized 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) No employee of the Department or its authorized |
representatives shall be examined in a civil, criminal, |
special or other proceeding concerning the existence or |
contents of pertinent records of a person examined or treated |
|
for a sexually transmitted infection transmissible disease by |
the Department or its authorized representatives pursuant to |
the provisions of this Act, or concerning the existence or |
contents of such reports received from a private physician or |
private health facility, pursuant to the provisions of this |
Act, without the consent of the person examined and treated |
for such infections diseases , except in proceedings under |
Sections 6 and 7 of this Act. |
(e) Any person who knowingly violates the confidentiality |
provisions of this Section is guilty of a Class A misdemeanor. |
(f) Any person who knowingly or maliciously disseminates |
any false information or report concerning the existence of |
any sexually transmitted infection transmissible disease under |
this Section is guilty of a Class A misdemeanor. |
(Source: P.A. 89-381, eff. 8-18-95.)
|
(410 ILCS 325/9) (from Ch. 111 1/2, par. 7409) |
Sec. 9. Prisoners. |
(a) The Department and its authorized representatives may, |
at its discretion, enter any State, county or municipal |
detention facility to interview, examine and treat any |
prisoner for a sexually transmitted infection transmissible |
disease . Any such State, county or municipal detention |
facility shall cooperate with the Department and its |
authorized representative to provide such space as is |
necessary for the examination and treatment of all prisoners |
|
suffering from or suspected of having a sexually transmitted |
infection transmissible disease . |
(b) Nothing in this Section shall be construed as |
relieving the Department of Corrections or any county or |
municipality of their primary responsibility for providing |
medical treatment for prisoners under their jurisdiction, |
including treatment for sexually transmitted infections |
transmissible diseases . |
(c) Any person who knowingly or maliciously disseminates |
any false information or report concerning the existence of |
any sexually transmitted infection transmissible disease under |
this Section is guilty of a Class A misdemeanor. |
(d) The Department, in consultation with the Department of |
Corrections, shall develop and implement written procedures |
that establish a process for confidentially notifying and |
recommending sexually transmitted infection transmissible |
disease testing of the contacts of a committed person who has |
been diagnosed with a sexually transmitted infection |
transmissible disease and for notifying and recommending |
sexually transmitted infection transmissible disease testing |
of a committed person who has had contact with one diagnosed |
with a sexually transmitted infection transmissible disease . |
The process shall be in accordance with Sections 3, 5, and 8 of |
this Act. |
(Source: P.A. 97-928, eff. 8-10-12.)
|
|
Section 45. The Abused and Neglected Child Reporting Act |
is amended by changing Section 5 as follows:
|
(325 ILCS 5/5) (from Ch. 23, par. 2055) |
Sec. 5. An officer of a local law enforcement agency, |
designated employee of the Department, or a physician treating |
a child may take or retain temporary protective custody of the |
child without the consent of the person responsible for the |
child's welfare, if (1) the officer of a local law enforcement |
agency, designated employee of the Department, or a physician |
treating a child has reason to believe that the child cannot be |
cared for at home or in the custody of the person responsible |
for the child's welfare without endangering the child's health |
or safety; and (2) there is not time to apply for a court order |
under the Juvenile Court Act of 1987 for temporary custody of |
the child. The person taking or retaining a child in temporary |
protective custody shall immediately make every reasonable |
effort to notify the person responsible for the child's |
welfare and shall immediately notify the Department. The |
Department shall provide to the temporary caretaker of a child |
any information in the Department's possession concerning the |
positive results of a test performed on the child to determine |
the presence of the antibody or antigen to Human |
Immunodeficiency Virus (HIV), or of HIV infection, as well as |
any communicable diseases or communicable infections that the |
child has. The temporary caretaker of a child shall not |
|
disclose to another person any information received by the |
temporary caretaker from the Department concerning the results |
of a test performed on the child to determine the presence of |
the antibody or antigen to HIV, or of HIV infection, except |
pursuant to Section 9 of the AIDS Confidentiality Act, as now |
or hereafter amended. The Department shall promptly initiate |
proceedings under the Juvenile Court Act of 1987 for the |
continued temporary custody of the child. |
Where the physician keeping a child in the physician's |
custody does so in the physician's capacity as a member of the |
staff of a hospital or similar institution, the physician |
shall notify the person in charge of the institution or the |
designated agent of the person in charge, who shall then |
become responsible for the further care of such child in the |
hospital or similar institution under the direction of the |
Department. |
Said care includes, but is not limited to the granting of |
permission to perform emergency medical treatment to a minor |
where the treatment itself does not involve a substantial risk |
of harm to the minor and the failure to render such treatment |
will likely result in death or permanent harm to the minor, and |
there is not time to apply for a court order under the Juvenile |
Court Act of 1987. |
Any person authorized and acting in good faith in the |
removal of a child under this Section shall have immunity from |
any liability, civil or criminal, that might otherwise be |
|
incurred or imposed as a result of such removal. Any physician |
authorized and acting in good faith and in accordance with |
acceptable medical practice in the treatment of a child under |
this Section shall have immunity from any liability, civil or |
criminal, that might otherwise be incurred or imposed as a |
result of granting permission for emergency treatment. |
With respect to any child taken into temporary protective |
custody pursuant to this Section, the Department of Children |
and Family Services Guardianship Administrator or the |
Guardianship Administrator's designee shall be deemed the |
child's legally authorized representative for purposes of |
consenting to an HIV test if deemed necessary and appropriate |
by the Department's Guardianship Administrator or the |
Guardianship Administrator's designee and obtaining and |
disclosing information concerning such test pursuant to the |
AIDS Confidentiality Act if deemed necessary and appropriate |
by the Department's Guardianship Administrator or the |
Guardianship Administrator's designee and for purposes of |
consenting to the release of information pursuant to the |
Illinois Sexually Transmitted Infection Transmissible Disease |
Control Act if deemed necessary and appropriate by the |
Department's Guardianship Administrator or designee. |
Any person who administers an HIV test upon the consent of |
the Department of Children and Family Services Guardianship |
Administrator or the Guardianship Administrator's designee, or |
who discloses the results of such tests to the Department's |
|
Guardianship Administrator or the Guardianship Administrator's |
designee, shall have immunity from any liability, civil, |
criminal or otherwise, that might result by reason of such |
actions. For the purpose of any proceedings, civil or |
criminal, the good faith of any persons required to administer |
or disclose the results of tests, or permitted to take such |
actions, shall be presumed. |
(Source: P.A. 103-22, eff. 8-8-23.)
|
Section 50. The Perinatal HIV Prevention Act is amended by |
changing Section 15 as follows:
|
(410 ILCS 335/15) |
Sec. 15. Reporting. |
(a) Health care facilities shall adopt a policy that |
provides that a report of a preliminarily HIV-positive woman |
identified by a rapid HIV test or a report of a preliminarily |
HIV-exposed newborn infant identified by a rapid HIV test |
shall be made to the Department's Perinatal HIV Hotline within |
12 hours but not later than 24 hours of the test result. |
Section 15 of the AIDS Confidentiality Act applies to |
reporting under this Act, except that the immunities set forth |
in that Section do not apply in cases of willful or wanton |
misconduct. |
(b) The Department shall adopt rules specifying the |
information required in reporting the preliminarily |
|
HIV-positive pregnant or post-partum woman and preliminarily |
HIV-exposed newborn infant and the method of reporting. In |
adopting the rules, the Department shall consider the need for |
information, protections for the privacy and confidentiality |
of the infant and parents, the need to provide access to care |
and follow-up services to the infant, and procedures for |
destruction of records maintained by the Department if, |
through subsequent HIV testing, the pregnant or post-partum |
woman or newborn infant is found to be HIV-negative. |
(c) The confidentiality provisions of the AIDS |
Confidentiality Act shall apply to the reports of cases of |
perinatal HIV made pursuant to this Section. |
(d) Health care facilities shall monthly report aggregate |
statistics to the Department that include the number of |
pregnant or delivering women who presented with known HIV |
status; the number of pregnant women rapidly tested for HIV in |
labor and delivery as either a first HIV test or a repeat third |
trimester HIV test; the number of newborn infants rapidly |
tested for HIV-exposure because the HIV status of the |
delivering woman was unknown in the third trimester, or the |
delivering woman refused testing; the number of preliminarily |
HIV-positive pregnant or delivering women and preliminarily |
HIV-exposed newborn infants identified; the number of families |
referred to case management; and other information the |
Department determines is necessary to measure progress under |
the provisions of this Act. Health care facilities must report |
|
the confirmatory test result when it becomes available for |
each preliminarily positive rapid HIV test performed on the |
pregnant or delivering woman and on a newborn. |
(e) The Department or its authorized representative shall |
provide case management services to the preliminarily positive |
pregnant or post-partum woman or the parent or guardian of the |
preliminarily positive newborn infant to ensure access to |
treatment and care and other services where the pregnant or |
post-partum woman or the parent or guardian of the newborn |
infant has consented to the services. |
(f) Every health care facility caring for a newborn infant |
whose mother had been diagnosed HIV positive prior to labor |
and delivery shall report a case of perinatal HIV exposure in |
accordance with the HIV/AIDS Registry Act, the Illinois |
Sexually Transmitted Infection |
Transmissible Disease Control |
Act, and rules to be developed by the Department. If after 18 |
months from the date that the report was submitted, a newborn |
infant is determined to not have HIV or AIDS, the Department |
shall remove the newborn infant's name from all reports, |
records, and files collected or created under this subsection |
(f). |
(Source: P.A. 100-265, eff. 8-22-17.)
|
Section 55 |
. The Juvenile Court Act of 1987 is amended by |
changing Section 2-11 as follows:
|
|
(705 ILCS 405/2-11) (from Ch. 37, par. 802-11) |
Sec. 2-11. Medical and dental treatment and care. At all |
times during temporary custody or shelter care, the court may |
authorize a physician, a hospital or any other appropriate |
health care provider to provide medical, dental or surgical |
procedures if such procedures are necessary to safeguard the |
minor's life or health. |
With respect to any minor for whom the Department of |
Children and Family Services Guardianship Administrator is |
appointed the temporary custodian, the Guardianship |
Administrator or the Guardianship Administrator's designee |
shall be deemed the minor's legally authorized representative |
for purposes of consenting to an HIV test and obtaining and |
disclosing information concerning such test pursuant to the |
AIDS Confidentiality Act and for purposes of consenting to the |
release of information pursuant to the Illinois Sexually |
Transmitted Infection Transmissible Disease Control Act. |
Any person who administers an HIV test upon the consent of |
the Department of Children and Family Services Guardianship |
Administrator or the Guardianship Administrator's designee, or |
who discloses the results of such tests to the Department's |
Guardianship Administrator or the Guardianship Administrator's |
designee, shall have immunity from any liability, civil, |
criminal or otherwise, that might result by reason of such |
actions. For the purpose of any proceedings, civil or |
criminal, the good faith of any persons required to administer |
|
or disclose the results of tests, or permitted to take such |
actions, shall be presumed. |
(Source: P.A. 103-22, eff. 8-8-23.)
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
|