| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning health.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 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.
| ||||||
| |||||||
| |||||||
| 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.
| ||||||