Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 699 - PERINATAL HIV PREVENTION CODE › Subpart A - GENERAL PROVISIONS › Section 699.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Perinatal HIV Prevention Act [410 ILCS 335
				  ].
"AIDS" means acquired immunodeficiency syndrome. (Section
				  3(b) of the AIDS Confidentiality Act)
"Antiretroviral Preventive Treatment" means a
				  well-established method of preventing vertical HIV transmission.
"Department" means the Department of Public Health. (Section
				  5 of the Act)
"Health Care Facility" or "Facility"means any hospital or
				  other institution that is licensed or otherwise authorized to deliver health
				  care services. (Section 5 of the Act)
"Health Care Professional" means a physician licensed to
				  practice medicine in all its branches, a physician assistant who has been
				  delegated the provision of health services by his or her supervising physician,
				  or an advanced practice registered nurse who has a written collaborative
				  agreement with a collaborating physician that authorizes the provision of
				  health services. (Section 5 of the Act)
"Health Care Services" means any prenatal medical care or
				  labor or delivery services to a pregnant woman and her newborn infant,
				  including hospitalization. (Section 5 of the Act)
"HIV" means the human immunodeficiency virus or any other
				  identified causative agent of AIDS. (Section 3(c) of the AIDS Confidentiality
				  Act)
"HIV Test" means an HIV test method approved by the federal
				  Food and Drug Administration (FDA) or validated under a laboratory's Clinical
				  Laboratory Improvement Amendments (CLIA) certification.
"Informed Consent" means a written or verbal agreement by the
				  subject of a test or the subject's legally authorized representative obtained
				  without undue inducement or any element of force, fraud, deceit, duress or
				  other form of constraint or coercion.
"Legally Authorized Representative" means an individual who
				  is authorized to consent to HIV testing and/or disclosure of HIV test results
				  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 lacking decisional capacity) as determined by the health care
				  professional seeking 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 AIDS
				  Confidentiality 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 [410 ILCS 210 ] 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 or other court-appointed personal
				  representative,
Spouse or person in a civil union,
Adult children,
Parent,
Adult next-of-kin.
"Perinatal" means relating to or during the period around
				  childbirth, especially the five months before and one month after birth.
"Physician" means a physician licensed to practice medicine
				  under the Medical Practice Act of 1987 [225 ILCS 60 ].
"Rapid HIV Test" means any test approved by the FDA or
				  validated under a laboratory's CLIA certification for the detection of HIV that
				  can be collected and processed within 60 minutes.
"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.
"Vertical Transmission" means transmission of a pathogen such
				  as HIV from mother to fetus or baby during pregnancy or
				  birth.