Judiciary II - Criminal Law Committee
Filed: 2/8/2006
 
 

 




 

 		












09400HB4396ham001

LRB094 16026 RLC 55509 a






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AMENDMENT TO HOUSE BILL 4396 




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    AMENDMENT NO. ______. Amend House Bill 4396 by replacing 
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the title with  the following:
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    "AN ACT concerning public health."; and

 
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by replacing everything after the enacting clause with the 
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following:
 
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    "Section 5. The AIDS Confidentiality Act is amended  by 
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changing Section 7 as follows:
 
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    (410 ILCS 305/7)  (from Ch. 111 1/2, par. 7307)

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    Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5

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and 6 of this Act, written informed consent is not required for 
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a health
care provider or health facility to perform a test 
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when the health care
provider or health facility procures, 
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processes, distributes or uses a
human body part donated for a 
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purpose specified under the Illinois

Anatomical Gift Act, or 
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semen provided prior to the effective date of this
Act for the 
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purpose of artificial insemination, and such a test is

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necessary to assure medical acceptability of such gift or semen 
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for the
purposes intended.


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    (b) Written informed consent is not required for a health 
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care
provider or health facility to perform a test when a 
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health care provider
or employee of a health facility, or a 
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firefighter or an EMT-A, EMT-I or EMT-P,
is involved in an 
 


 






09400HB4396ham001
- 2 -
LRB094 16026 RLC 55509 a




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accidental direct skin or mucous membrane contact with
the 
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blood or bodily fluids of an individual which is of a nature 
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that may
transmit HIV, as determined by a physician in his 
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medical judgment.  Should
such test prove to be positive, the 
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patient and the health care provider,
health facility employee, 
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firefighter, EMT-A, EMT-I, or EMT-P shall be
provided 
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appropriate counseling consistent with this Act.


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    (c) Written informed consent is not required for a health 
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care
provider or health facility to perform a test when a law 
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enforcement
officer is involved in the line of duty in a direct 
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skin or mucous membrane
contact with the blood or bodily fluids 
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of an individual which is of a
nature that may transmit HIV, as 
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determined by a physician in his medical
judgment.  When the 
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physician determines that a law enforcement officer in the line 
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of duty has experienced a direct skin or mucous membrane 
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contact with the blood or bodily fluids of an individual which 
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is of a nature that may transmit HIV, the individual shall 
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submit, upon the request of that law enforcement officer, to a 
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test of blood or other bodily fluids to detect the presence of 
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HIV. Should such test prove to be positive, the patient shall 
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be
provided appropriate counseling consistent with this Act.  
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For purposes of
this subsection (c), "law enforcement officer" 
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means any person employed by
the State, a county or a 
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municipality as a policeman, peace officer,
auxiliary 
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policeman, correctional officer or in some like position

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involving the enforcement of the law and protection of the 
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public interest
at the risk of that person's life.


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(Source: P.A. 93-794, eff. 7-22-04.)".