Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 697 - HIV/AIDS CONFIDENTIALITY AND TESTING CODE › Subpart B - HIV TESTING › Section 697.140 - Nondisclosure of the Identity of a Person Tested or Test Results

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No
				person may disclose or be compelled to disclose HIV-related information, except
				to the following persons.
(Section 9 of the Act) The term "disclose"
				as used in this subsection (a) shall not prohibit internal use by a person, or
				a person's agents or employees, for the purposes of treatment, payment and
				health care operations, as those terms are defined in the HIPAA Privacy Rule.
				Any internal use shall be limited to those agents or employees, and the minimum
				necessary information, needed to accomplish the intended purposes of treatment,
				payment or health care operations.
1)
The subject of the test or the subject's legally authorized
				representative. A physician may notify the spouse or civil union partner of the
				test subject, if the test is positive, and has been confirmed, provided the
				physician has first sought unsuccessfully to persuade the patient to notify the
				spouse or civil union partner, or that, a reasonable time after the patient has
				agreed to make the notification, the physician has reason to believe that the
				patient has not provided the notification.
(Section 9(a) of the
				Act).
2)
Any person
				designated in a legally effective authorization for release of HIV-related
				information executed by the subject of the HIV-related information or the
				subject's legally authorized representative
. (Section 9(b) of the Act)
				A legally effective release means a time-limited written release of HIV-related
				information signed by the test subject.
3)
An authorized agent or employee of
				a health care facility or health care
professional or referring,
				treating or consulting health care professional of the test subject,
if
:
A)
The health
				care facility or health care
professional
is authorized to
				obtain the test results.
Health care facility or health care
				professional, for the purposes of this subsection (a)(3)(A), includes personnel
				who handle and process medical records for that health care facility or health
				care professional;
B)
The
				agent or employee
or referring, treating or consulting health care
				professional of the test subject
provides patient care or handles or
				processes specimens of body fluids or tissues;
C) The agent or employee or the test
				subject's referring, treating or consulting health care professional
has a need to know such information
. (Section 9(c) of the
				Act); or
D) The agent or employee
				when involved in an accidental direct skin or mucous membrane contact with the
				blood or bodily fluids of a patient that is of a nature likely to transmit HIV,
				such as needle stick or percutaneous exposure, as certified by a health care
				professional.
4)
The Department
or the local health authority,
in
				accordance with rules for reporting and controlling the spread of
				disease
, or
as otherwise provided by State law
. (See
				77 Ill. Adm. Code 690, 693, 250, 300, 330, 340, 350, 370, 390, and 840.) The
				Department, local health department or designated agent shall not
disclose HIV test results and HIV-related information, publicly or in
				any action of any kind in any court or before any tribunal, board or agency.
				HIV test results and HIV-related information shall be protected from disclosure
				in accordance with the provisions of Sections
8-2101
through
8-2105
of the Code of Civil
				Procedure.
(Section 9(d) of the Act)
5)
A health care facility, health
				care provider, or health care professional which procures, processes,
				distributes or uses
:
A)
A
				human body part from a deceased person with respect to medical information
				regarding the person; or
B)
Semen provided prior to September
				21, 1987, for the purpose of artificial insemination.
(Section 9(e) of
				the Act)
6)
Health
care
facility staff committees for the purpose
				of conducting program monitoring, program evaluation or service
				reviews
conducted by, but not limited to, the Department, local health
				authority or designated agent
.
(Section 9(f) of the
				Act)
7)
Any health care
				provider, health care professional, or employee of a health care facility, and
				any firefighter or any EMR, EMT, A-EMT, paramedic, PHRN,
or
EMT-I involved in an accidental direct skin or mucous membrane contact
				with the blood or bodily fluids of an individual which is of a nature that may
				transmit HIV, as determined by a physician in his
or her
medical judgment.
(Section 9(h) of the Act)
8)
Any law enforcement officer, as
				defined in Section 7(c)
of the Act,
involved in the line of
				duty in a direct skin or mucous membrane contact with the blood or bodily
				fluids of an individual which is of a nature that may transmit HIV, as
				determined by a physician in his
or her
medical
				judgment.
(Section 9(i) of the Act)
9)
A temporary caretaker of a child
				taken into temporary protective custody by the Department of Children and
				Family Services pursuant to Section 5 of the Abused and Neglected Child
				Reporting Act.
(Section 9(j) of the Act)
10)
In the case of a minor under 18
				years of age whose test result is positive and has been confirmed, the health
				care professional who ordered the test shall make a reasonable effort to notify
				the minor's parent or legal guardian if, in the professional judgment of the
				health care professional, notification would be in the best interest of the
				child and the health care professional has first sought unsuccessfully to
				persuade the minor to notify the parent or legal guardian or, a reasonable time
				after the minor has agreed to notify the parent or legal guardian, the health
				care professional has reason to believe that the minor has not made the
				notification.
(Section 9(k) of the Act)