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| 1 |     AN ACT concerning health.
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| 2 |     Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
  
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| 4 |     Section 1. Short title. This Act may be cited as the  | ||||||
| 5 | Infectious Disease Testing Act. | ||||||
| 6 |     Section 5. Definitions. Definitions. As used in this Act: | ||||||
| 7 |     "Health care provider" has the meaning ascribed to it under  | ||||||
| 8 | HIPAA, as specified in 45 CFR 160.103. | ||||||
| 9 |     "Health facility" means a hospital, nursing home, blood  | ||||||
| 10 | bank, blood center, sperm bank, or other health care  | ||||||
| 11 | institution, including any "health facility" as that term is  | ||||||
| 12 | defined in the Illinois Finance Authority Act. | ||||||
| 13 |     "HIPAA" means the Health Insurance Portability and  | ||||||
| 14 | Accountability Act of 1996, Public Law 104-191, as amended by  | ||||||
| 15 | the Health Information Technology for Economic and Clinical  | ||||||
| 16 | Health Act of 2009, Public Law 111-05, and any subsequent  | ||||||
| 17 | amendments thereto and any regulations promulgated thereunder. | ||||||
| 18 |     "Law enforcement officer" means any person employed by the  | ||||||
| 19 | State, a county, or a municipality as a policeman, peace  | ||||||
| 20 | officer, auxiliary policeman, or correctional officer or in  | ||||||
| 21 | some like position involving the enforcement of the law and  | ||||||
| 22 | protection of the public interest at the risk of that person's  | ||||||
| 23 | life.
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| 1 |     Section 10. Infectious disease testing.  An individual  | ||||||
| 2 | shall be required to submit to a test to detect an infectious  | ||||||
| 3 | disease upon the request of a health care provider, employee of  | ||||||
| 4 | a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic,  | ||||||
| 5 | firefighter, or law enforcement officer who, accidentally or in  | ||||||
| 6 | the line of duty, comes into direct skin or mucous membrane  | ||||||
| 7 | contact with the blood or bodily fluids of the individual that  | ||||||
| 8 | is of a nature that may transmit an infectious disease, as  | ||||||
| 9 | determined by a physician in his or her medical judgment. | ||||||
| 10 |     Informed consent is not required for a health care provider  | ||||||
| 11 | or health facility to perform a test on an individual to detect  | ||||||
| 12 | an infectious disease when a health care provider, employee of  | ||||||
| 13 | a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic,  | ||||||
| 14 | firefighter, or law enforcement officer who, accidentally or in  | ||||||
| 15 | the line of duty, comes into direct skin or mucous membrane  | ||||||
| 16 | contact with the blood or bodily fluids of the individual that  | ||||||
| 17 | is of a nature that may transmit an infectious disease, as  | ||||||
| 18 | determined by a physician in his or her medical judgment. | ||||||
| 19 |     Section 99. Effective date. This Act takes effect upon  | ||||||
| 20 | becoming law.
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