77 Ill. Adm. Code 697.110
HIV Pre-Test Information
Section 697
Section 697.110Â HIV Pre-Test
Information
a)Â Â Â Â Â Â Â Â No health care professional may order an HIV test without
making available to the person tested pre-test information.
Pre-test
information may be provided in writing, verbally, or by video, electronic, or
other means and may be provided as designated by the supervising health care
professional or health facility.
(Section 3(w-5) of the Act)Â The subject
must be offered an opportunity to ask questions about the HIV test, or to decline
testing.
b)Â Â Â Â Â Â Â Â Pre-test information may be included along with other medical
information generally provided to a subject. The required pre-test information
consists of the following information:
1)
A reasonable explanation of the test, including its
purpose, potential use, limitations, and the meaning of the results;
2)
A reasonable explanation of the procedures to be followed,
including the voluntary nature of the test;
3)
The
availability of a qualified person to answer questions;
4)
The right to withdraw consent to the test process at any
time;
5)
The
right to anonymity, to the extent provided by law, with respect to
participation in the test and disclosure of test results
;
6)
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); and
7)Â Â Â Â Â Â Â Â The availability of referrals for further information or
counseling.
c)Â Â Â Â Â Â Â Â For the purposes of this Section,
a qualified person to answer
questions is a health care professional or, when acting under the supervision
of a health care professional, a registered nurse, medical assistant, or other
person determined to be sufficiently knowledgeable about HIV testing, its
purpose, potential uses, limitations, the meaning of the test results, and the
testing procedures in the professional judgment of a supervising health care
professional or as designated by a health care facility.
(Section 3(w-5) of
the Act)
d)Â Â Â Â Â Â Â Â Pre-test information when ordering an HIV test is not required
in the situations listed in Section 697.120(b)(1), (2), (5) and (7).