Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 697 - HIV/AIDS CONFIDENTIALITY AND TESTING CODE › Subpart A - GENERAL PROVISIONS › Section 697.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the AIDS Confidentiality Act.
"
AIDS" means acquired immunodeficiency
				  syndrome
(Section 3(a) of the Act).
"Blood Bank" means any facility or location at which blood or
				  plasma is procured, furnished, donated, processed, stored or
				  distributed.
"
Department" means the Illinois Department of Public
				  Health or its designated agents
. (Section 3(f) of the Act)
"Designated Agent" means an organization designated by the
				  Department to conduct public health activities in accordance with a written
				  agreement with the Department.
"Director" means the Director of the Illinois Department of
				  Public Health.
"Health Care Facility" or "Facility" means any institution,
				  building or agency, or portion of any institution, building or agency, whether
				  public or private (for-profit or nonprofit) that is used, operated or designed
				  to provide health services, medical treatment or nursing, rehabilitative or
				  preventive care to any person or persons, as well as
a hospital,
				  nursing home, blood bank, blood center, sperm bank, or other health care
				  institution, including any "health facility" as that term is defined in the
				  Illinois Finance Authority Act
[ 20 ILCS 3501 ] (Section 3(k) of the
				  Act).
"Health Care Professional"
means any of the
				  following:
a licensed physician;
a physician assistant to whom the physician
				  assistant's supervising physician has delegated the provision of AIDS and
				  HIV-related health services;
an advanced practice registered nurse who has a
				  written collaborative agreement with a collaborating physician which authorizes
				  the provision of AIDS and HIV-related health services;
an advance practice nurse or physician assistant who
				  practices in a hospital or ambulatory surgical treatment center and possesses
				  appropriate clinical privileges;
a licensed dentist;
a licensed podiatric physician; or
an individual certified to provide HIV testing and
				  counseling by a State or local public health department.
(Section 3(i)
				  of the Act)
"
Health Care Provider"
has the meaning
ascribed by HIPAA as specified in
				  45
				  CFR 160.103
. (Section 3(j) of the
				  Act)
"Health Information Exchange" or "HIE" means a health
				  information exchange or health information organization that oversees and
				  governs the electronic exchange of health information that:
is established pursuant to the Illinois Health
				  Information Exchange and Technology Act and any administrative rules adopted
				  under that Act;
has established a data sharing arrangement with the
				  Authority; or
as of August 16, 2013, was designated by the
				  Authority Board as a member of, or was represented on, the Authority Board's
				  Regional Health Information Exchange Workgroup;
provided that designation shall not require the
				  establishment of a data sharing arrangement or other participation with the
				  Illinois Health Information Exchange or the payment of any fee. In certain
				  circumstances, in accordance with HIPAA, an HIE will be a business
				  associate.
(Section 3(l) of the Act)
"HIPAA" means the Health Insurance Portability and
				  Accountability Act of 1996.
(Section 3(n) of the Act)
"HIV" means the human immunodeficiency
				  virus
. (Section 3(o) of the Act)
"HIV Infection" means infected with HIV, as evidenced by a
				  positive or reactive supplemental laboratory test result.
"HIV-related information" means the identity of a
				  person upon whom an HIV test is performed, the results of an HIV test, as well
				  as diagnosis, treatment, and prescription information that reveals a patient is
				  HIV-positive, including information contained in a limited data set.
				  HIV-related information does not include information that has been
				  de-identified in accordance with HIPAA.
(Section 3(p) of the
				  Act)
"
Informed Consent" means:
when
a health care provider, health care
				  professional, or health facility has implemented opt-in testing, a process by
				  which an individual or
his or her
legal representative
				  receives pre-test information, has an opportunity to ask questions, and
				  consents verbally or in writing to the test without undue inducement or any
				  element of force, fraud, deceit, duress, or other form of constraint or
				  coercion; or
when
a health care provider, health care
				  professional, or health care facility has implemented opt-out testing, the
				  individual or
his or her
legal representative has been
				  notified verbally or in writing that the test is planned, has received pre-test
				  information, has been given the opportunity to ask questions and the
				  opportunity to decline testing, and has not declined testing.
(Section
				  3(q) of the Act)
"Laboratory" means a CLIA approved or licensed facility at
				  which tests are performed to determine the presence of a sexually transmitted
				  infection (STI).
"Legally Authorized Representative" means an individual who
				  is authorized to consent to HIV testing and/or disclosure of HIV test results
				  and HIV-related information for an individual who is:
Under the age of 12;
Deceased;
Declared incompetent by a court of law; or
Otherwise not competent to consent (for reasons other than
				  age, such as the apparent inability to understand or communicate with the
				  health care professional) as determined by the health care professional seeking
				  the consent.
The following individuals shall be authorized to consent, in
				  the stated order of priority:
For a living or deceased child under the age of 18:
Parent, except as limited by Section 9(k) of the Act
				  providing limitations on the ability of a parent or legal guardian to receive
				  the child's test results, and Sections 4 and 5 of the Consent by Minors to
				  Medical Procedures Act regarding release of test results involving a sexually
				  transmitted infection;
Legal guardian or other court-appointed personal
				  representative;
Adult next-of-kin.
For a living or deceased adult age 18 or over:
Agent authorized by durable power of attorney for health
				  care;
Legal guardian or other court-appointed personal
				  representative;
Spouse;
Person in a civil union;
Adult children;
Parent;
Adult next-of-kin.
"Local Health Authority" means the full-time official
				  health department or board of health
recognized by the Department as
having jurisdiction over a particular area
. (Section 3(2) of
				  the Illinois Sexually Transmissible Disease Control Act)
"Opt-in testing" means an approach
in which
an HIV test is presented by offering the test and the patient accepts
				  or declines testing.
(Section 3(s-1) of the Act)
"Opt-out testing" means an approach
in which
an HIV test is presented such that a patient is notified that HIV
				  testing may occur unless the patient declines.
(Section 3(s-2) of the
				  Act)
"Physician" means a physician licensed to practice medicine
				  under the Medical Practice Act of 1987.
"Pre-test information" means:
a reasonable explanation of the test, including its
				  purpose, potential uses, limitation, and the meaning of its results;
				  and
a reasonable explanation of the procedures to be
				  followed, including the voluntary nature of the test, the availability of a
				  qualified person to answer questions, the right to withdraw consent to the
				  testing process at any time, the right to anonymity to the extent provided by
				  law with respect to participation in the test and disclosure of test results,
				  and the right to confidential treatment of information identifying the subject
				  of the test and the results of the test, to the extent provided by
				  law
. (Section 3(w-5) of the Act)
"Rapid HIV Test" means any test approved by the U.S. Food and
				  Drug Administration (FDA) or validated under a laboratory's CLIA certification
				  for the detection of HIV that can be collected and processed within 60
				  minutes.
"Screening Test" means any HIV test approved by the FDA or
				  validated under a laboratory's CLIA certification that must be followed by a
				  supplemental test to confirm a positive result.
"Sexually Transmissible Infection" or "STI" means infection
				  with syphilis, gonorrhea, chlamydia, chancroid or HIV.
"Supplemental Test" means any HIV test approved by the FDA or
				  validated under a laboratory's CLIA certification used to confirm the positive
				  result of a screening test.
"Test" or "HIV Test" means a test to determine the
				  presence of the antibody or antigen to HIV, or of HIV infection
approved by the FDA or validated under a laboratory's CLIA certification.
				  (Section 3(aa) of the Act)
"Treatment" means the provision, coordination or management
				  of health care and related services by one or more health care providers,
				  including the coordination or management of health care by a health care
				  provider with a third party; consultation between health care providers
				  relating to a patient; or the referral of a patient for health care from one
				  health care provider to another. Treatment includes services for prevention,
				  diagnosis and medical management of STIs, including examination, laboratory
				  testing, medication and immunization.