HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/ILLINOI2.ASC

Text File | 1993-01-14 | 88KB | 2,015 lines

/*Illinois, part 2 of 2. */



2310/55.46. Sperm bank and tissue bank registry-Testing

 55.46.  (a) The Department shall establish a registry of all
sperm banks and tissue banks operating in this State. All sperm
banks and tissue banks operating in this State shall register
with the Department by May 1 of each year.  Any person, hospital,
clinic, corporation, partnership or other legal entity which
operates a sperm bank or tissue bank in this State and fails to
register with the Department pursuant to this Section commits a
business offense and shall be subject to a fine of $5000.

(b) All donors of semen for purposes of artificial insemination,
or donors of corneas, bones, organs, or other human tissue for
the purpose of injecting, transfusing or transplanting any of
them in the human body, shall be tested for evidence of exposure
to human immunodeficiency virus (HIV) and any other identified
causative agent of acquired immunodeficiency syndrome (AIDS) at
the time of or after the donation, but prior to the semen,
corneas, bones, organs, or other human tissue being made
available for such use. However, when in the opinion of the
attending physician the life of a recipient of a bone, organ or
other human tissue donation would be jeopardized by delays caused
by testing for evidence of exposure to HIV and any other
causative agent of AIDS, testing shall not be required.

(c) No person may intentionally, knowingly, recklessly or
negligently use the semen, corneas, bones, organs, or other human
tissue of a donor unless the requirements of subsection (b) have
been met. No person may intentionally, knowingly, recklessly or
negligently use the semen, corneas, bones, organs, or other human
tissue of a donor who has tested positive for exposure to HIV or
any other identified causative agent of AIDS.  Violation of this
subsection (c) shall be a Class 4 felony.

(d)  For the purposes of this Section, "human tissue" shall not
be construed to mean whole blood or its component parts.  For the
purposes of this Section, "tissue bank" means any facility or
program that is involved in procuring, furnishing, donating,
processing or distributing corneas, bones,

organs, or other human tissue for the purpose of injecting,
transfusing or transplanting any of them in the human body.



2310/55.52.  Prenatal transmission of HIV infection

 55.52.  The Department shall develop and implement a public
education program to reduce the prenatal transmission of HIV
infection. The program shall be targeted toward population groups
whose behavior places them at the risk of HIV infection.



2310/55.55.  Brochure describing sexually transmitted diseases
and inherited metabolic diseases

 55.55. The Department of Public Health shall prepare a brochure
describing sexually transmitted diseases (including without
limitation acquired immunodeficiency syndrome, or AIDS) and
inherited metabolic diseases (including without limitation
hemophilia, sickle cell anemia and Tay-Sachs disease). The
descriptions shall include discussion of the ways in which the
diseases are transmitted and ways to avoid contacting the
diseases.  With respect to inherited metabolic diseases, the
brochure shall include recommendations that persons who are
susceptible to contacting such diseases obtain genetic
counseling. The brochure shall be distributed to each county
clerk's office in the State and to any other office where
applications for a marriage license are taken, to be distributed
free of charge to persons applying for a marriage license or
others.







2310/55.56. AIDS awareness program-High risk population groups
55.56.  (a) The Department of Public Health shall include within
its

AIDS awareness programs and materials, information directed
toward Hispanics, African Americans and other population groups
in Illinois that are considered high risk populations for AIDS
and AIDS-related complex. Such information shall inform high risk
groups about the transmission of the AIDS virus, the prevention
of infection, the treatment available for the disease and how
treatment may be obtained.



(b) The Department of Public Health shall include in its AIDS
campaign material information directed toward African-Americans
and Hispanics. The Department shall seek the advice and
assistance of community-based organizations representing these
populations with respect to the most effective methods to educate
persons within these populations about AIDS.

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210 ILCS

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85/6.08.  Patients diagnosed as having dangerous communicable or
infectious diseases - Emergency care-Notification - Violations



 6.08.  (a) Every hospital shall provide notification as required
in this Section to police officers, paramedics and ambulance
personnel who have provided or are about to provide emergency
care or life support services to a patient who has been diagnosed
as having a dangerous communicable or infectious disease.  Such
notification shall not include the name of the patient, and the
emergency services provider agency and any person receiving such
notification shall treat the information received as a
confidential medical record.

(b) The Department shall establish by regulation a list of those
communicable reportable diseases and conditions for which
notification shall be provided.

(c) The hospital shall send the letter of notification within 72
hours after a confirmed diagnosis of any of the communicable
diseases listed by the Department pursuant to subsection (b),
except confirmed diagnoses of Acquired Immunodeficiency Syndrome
(AIDS). If there is a confirmed diagnosis of AIDS, the hospital
shall send the letter of notification only if the police
officers, paramedics or ambulance personnel have indicated on the
ambulance run sheet that a reasonable possibility exists that
they have had blood or body fluid contact with the patient, or if
hospital personnel providing the notification have reason to know
of a possible exposure.

(d) Notification letters shall be sent to the designated contact
at the municipal or private provider agencies listed on the
ambulance run sheet. The letter shall state the names of crew
members listed on the ambulance run sheet and the name of the
communicable disease diagnosed, but shall not contain the
patient's name. Upon receipt of such notification letter, the
provider agency shall contact all personnel involved in the pre-
hospital or inter-hospital care and transport of the patient.
Such notification letter may, but is not required to, consist of
the following form:



NOTIFICATION LETTER



(NAME OF HOSPITAL)



(ADDRESS)



     TO   (Name of Organization)

     FROM:        (Infection Control Coordinator)



DATE



As required by Section 6.08 of the Illinois Hospital Licensing
Act      (name of hospital) is hereby providing notification that
the following crew members transported a patient who was later
diagnosed as having      (name of communicable disease)
(list of crew members). The Hospital Licensing Act requires you
to maintain this information as a confidential medical record.
Disclosure of this information may therefore result in civil
liability for the individual or company breaching the patient's
confidentiality, or both.

If you have any questions regarding this patient, please contact
me at     (telephone number), between       (hours).  Questions
regarding exposure or the financial aspects of obtaining medical
care should be directed to your employer.

(e) Upon discharge of a patient with a communicable disease to
emergency personnel, the hospital shall notify the emergency
personnel of appropriate precautions against the communicable
disease, but shall not identify the name of the disease.

(f) The hospital may, in its discretion, take any measures in
addition to those required in this Section to notify police
officers, paramedics and ambulance personnel of possible exposure
to any communicable disease. However, in all cases this
information shall be maintained as a confidential medical record.

(g) Any person providing or failing to provide notification under
the protocol required by this Section shall have immunity from
any liability, either criminal or civil, that might result by
reason of such action or inaction, unless such action or inaction
is willful.

(h) Any person who willfully fails to provide any notification
required pursuant to an applicable protocol which has been
adopted and approved

pursuant to this Section commits a petty offense, and shall be
subject to a fine of $200 for the first offense, and S500 for a
second or subsequent offense.

(i) Nothing in this Section shall preclude a civil action by a
paramedic or ambulance crew member against an emergency services
provider agency which fails to inform such crew member in a
timely fashion of the receipt of a notification letter.



85/6.10.  Testing for HIV upon patient request

 6.10.  The Department shall adopt rules requiring hospitals
licensed under this Act to offer testing for infection with human
immunodeficiency virus (HIV) to patients upon request. Such rules
shall provide for appropriate pre-test and post-test counseling,
and may provide for payment of the cost of testing the medically
indigent in appropriate cases.

Tests requested or administered under such rules shall be subject
to the provisions of the AIDS Confidentiality Act.



DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE

ACT 305. ILLINOIS ALCOHOLISM AND

OTHER DRUG DEPENDENCY ACT

ARTICLE IV.  POWERS AND DUTIES AND FUNCTIONS OF DEPARTMENT

305/4-101.  Powers, duties and functions of the Department

 4-101.  Powers, duties and functions of the Department. In
addition to the powers, duties and functions vested in the
Department by this Act, or by other law's of this State, the
Department shall have the powers, duties and functions enumerated
below:

(a)  To promulgate regulations to provide appropriate standards
for programs and levels of payment for governmentally funded
health and disability programs which provide care prevention,
intervention or treatment for alcoholism and other drug abuse or
dependency.

(b)  To promulgate regulations as may be necessary to carry out
the purposes and enforce the provisions of this Act.

(c)  To the extent made possible by appropriations, to fund a
comprehensive and coordinated array of services throughout the
State for prevention, intervention, treatment, and relapse
prevention that is accessible to, and meets the needs of, at risk
or addicted individuals and their families.

(d) (Blank)

(e)  To develop an annual comprehensive State plan for the
provision of intervention, treatment, rehabilitation, prevention,
education, including education of the elderly, and other services
and activities to alleviate alcoholism and other drug abuse and
dependency. The plan shall include identification of problems,
needs priorities, services and other pertinent information,
including the needs of minorities and other specific populations
in each region of the State and in the entire State. The plan
shall also include a statement of the need for services to reduce
the spread of AIDS and to provide treatment and care for people
with AIDS or AIDS-related complex whose infections were related
to intravenous drug use. Additionally, the plan shall contain a
report of the activities and progress of the program established
under Section 4-103 of this Act. In the development of the plan,
input shall be sought from providers, parent groups, associations
and interested citizens.

(f)  To establish a clearinghouse and central repository for the
development and maintenance of a centralized data collection and
dissemination system and a management information system for all
alcoholism and other drug abuse and dependency functions.

(g)  To review all State health, welfare and treatment services
proposals submitted for Federal funding under legislation that
includes provisions relating to alcoholism and other drug abuse
and dependency.

(h)  To cooperate with public and private agencies, organizations
and individuals in the development of programs, and to provide
technical assistance and consultation services for this purpose.

(i)  To specify a uniform statistical methodology for use by
agencies, organizations and individuals, and to collect and
disseminate statistical information, including the number of
persons treated, frequency of admission and readmission, and
duration of treatment.

(j)  To receive data and assistance from federal, State and local
governmental agencies, and to obtain copies of identification and
arrest data from all federal, State and local law enforcement
agencies for use in carrying out the purposes and functions of
the Department.

(k)  To coordinate the funding of programs relating to alcoholism
and other drug abuse and dependency, to accept gifts or grants,
and to act as the exclusive State agency to accept, receive and
expend funds, grants and services from the Federal government or
its agents, and to deposit such funds into the Alcoholism and
Substance Abuse Fund in the State Treasury which is hereby
created, except funds received from the Federal Alcohol, Drug
Abuse and Mental Health Block Grant, which shall be deposited as
elsewhere provided, and except funds deposited in the Youth Drug
Abuse Prevention Fund. Obligation and expenditure of public funds
may be made by the Department subject to appropriations by the
General Assembly.

(l)  To make such agreements, grants-in-aid and purchase-care
arrangements with any other Department, authority or commission
of this State, or any other state or the Federal Government or
with any public or private agency, including the disbursement of
funds and furnishing of staff, to effectuate the purposes of this
Act.

(m)  To designate and maintain medical examination and other
facilities for measuring alcoholism and other drug abuse and
dependency.

(n)  To designate, coordinate and assist rehabilitation centers
and other necessary facilities for the treatment of alcoholism
and other drug abuse and dependency.

(o)  To assign or transfer any person placed under the treatment
supervision of the Department pursuant to this Act to any person
providing facilities or services approved by the Department, and
who agrees to provide the necessary services, provided that any
person so transferred shall continue to be under the treatment
supervision of the Department or its designee.

(p)  To cooperate with the Department of Corrections in
establishing and conducting programs relating to alcoholism and
other drug abuse and dependency.

(q)  To cooperate with the State Superintendent of Education,
boards of education, schools, police departments, courts and
other public and private agencies and individuals in establishing
programs for prevention and preparing curriculum materials for
use at all levels of education, and to establish prevention
programs in all Educational Service Regions in the State and to
enter into an agreement with the State Superintendent of
Education to establish such programs.

(r)  To prepare, publish, evaluate and disseminate educational
materials dealing with the nature and effects of alcoholism and
other drug abuse and dependency.

(s)  To develop and coordinate, with regional and local agencies,
education and training programs for persons engaged in the
treatment and detoxification of persons having alcoholism or
other drug abuse and dependency problems, which programs shall
include specific AIDS education and training for program
personnel.

(t)  To cooperate with and assist in the development of
education, prevention and treatment programs for employees of
State and local governments and businesses in the State.

(u)  To utilize the support and assistance of interested persons
in the community, particularly recovered addicts and alcoholics,
to encourage clients to voluntarily undergo treatment.

(v)  To promote, conduct, assist and sponsor basic clinical,
epidemiological and statistical research in alcoholism and other
drug abuse and dependency, either individually or in conjunction
with any public or private agency.

(w)  To encourage service providers who receive financial
assistance in any form from the State to assess and collect fees
for services rendered; provided, however, that no person shall be
denied services by any program licensed or funded under this Act
because of inability to pay.  Services shall be afforded to such
persons on the same terms and conditions as services afforded to
persons who are able to pay.

(x)  To cooperate with the Illinois Department of Public Aid in
the development and provision of services offered to recipients
of public assistance for the treatment and prevention of
alcoholism and other drug abuse and dependency.

(y)  To encourage all health and disability insurance programs to
include alcoholism and other drug abuse and dependency as a
covered illness.

(z)  To promulgate regulations to provide appropriate standards
for programs for privately funded health and disability programs
which provide care or treatment for alcoholism and other drug
abuse or dependency.

(aa) The Department may establish and maintain 2 State-wide toll-
free telephone numbers, or may contract with a private agency for
the establishment and maintenance of such telephone numbers. One
telephone number shall be used to provide information and
referrals in relation to alcohol and drug abuse by adults, and
the other telephone number shall be used to provide information
and referrals in relation to alcohol and drug abuse by juveniles.
In conjunction with the establishment of the toll-free telephone
numbers, the Department may, with the assistance of the news
media, produce and actively market television and radio
announcements and billboard advertising using the theme "drug
usage and addiction is a crippling disease" and encouraging the
public to avoid the use of alcohol and illegal drugs and to seek
the help of parents, teachers and professional counselors.

(bb) To promulgate rules in relation to service plans and
rehabilitative services to be provided to persons upon referral
by the Department of Children and Family Services pursuant to
Section 8.2 of the Abused and Neglected Child Reporting Act, as
now or hereafter amended.

(cc) To submit to the General Assembly not later than November 1
of each year a report of the uses to which funds from the Youth
Drug Abuse Prevention Fund were applied during the previous
fiscal year.

(dd) To cooperate with the Illinois Department of Public Health
in the establishment funding and operation of programs for the
prevention and treatment of acquired immunodeficiency syndrome
(AIDS), especially with respect to those persons who may abuse
drugs by intravenous injection or may have been sexual partners
of drug abusers or may have abused substances so that their
immune systems are impaired, making them high-risk.

(ee) To require all programs supported by the Department to
include an education component to inform participants regarding
the causes and means of transmission and methods of reducing the
risk of acquiring or transmitting AIDS, and to include funding
for such education component in its support of the program.

(ff) The Department shall provide training in the recognition of
symptoms and side effects of anabolic steroid abuse. Training
shall be made available to physicians, other health care
professionals, educators, persons engaged in the coaching and
supervision of high school and college athletics, and other
groups determined by the Department to be likely to come into
contact with anabolic steroid abusers. The training shall also
include information concerning education and appropriate referral
of persons identified as probable or actual anabolic steroid
abusers.

The Department is hereby authorized to develop and implement a
Statewide steroid education program to alert the public, and
particularly Illinois student athletes, athletic trainers,
coaches, practitioners, and health club personnel, to the dangers
and adverse effects of abusing anabolic steroids. The program
shall be developed with the advice of the Illinois Advisory
Council established by Section 5101 of this Act.

(gg) To develop and publish pamphlets that describe the causes
and effects of fetal alcohol syndrome and distribute the
pamphlets free of charge to each county clerk in sufficient
quantities that the county clerk may provide a pamphlet to the
recipients of all marriage licenses issued in the county.

(hh) To fund intervention services including the identification
of substance abuse problems in an individual and within a family,
the assessment and impact of that substance abuse on the
individual's health and social, economic, and family well-being,
and the development of a plan to prevent the increased or
continued use of alcohol or other addictive drugs or substances.

(ii) To fund services to help, first, children of alcohol or drug
addicted parents, and then partners, parents, family members, and
other co-dependents who are adversely affected by their
relationship with an alcohol or other drug abuser.

(jj) To make grants with funds appropriated from the Drug
Treatment Fund in accordance with Section 7 of the Controlled
Substance and Cannabis Nuisance Act.





ARTICLE V.  MEDICAL ASSISTANCE

Section

5/5-1.    Declaration of purpose.

5/5-1.1.  Definitions.

5/5-2.    Classes of persons eligible.

5/5-2.1.   Property transfers.

5/5-2.2.   Cooperation in establishing support obligation.

5/5-3.    Residence.

5/5-4.    Amount and nature of medical assistance.

5/5-4.1.   Co-payments.

5/5-4.20.  Definitions.

5/5-4.21.  Medicaid Developmentally Disabled Provider
Participation Fee Trust Fund.

5/5-4.22. Provider participation fees.

5/5-4.23. Payment of fees due.

5/5-4.24.  Notification.

5/5-4.25. Procedures for reconsideration and final
reconciliation.

5/5-4.26.  Penalties.

5/5-4.27.  Disbursements to facilities.

5/5-4.28.  Annual audit.

5/5-4.29.  Applicability.

5/5-4.30.  Definitions.

5/5-4.31.  Medicaid Long Term Care Provider Participation Fee
Trust Fund.

5/5-4.32.  Provider participation fee.

5/5-4.33.  Payment of fees due.

5/5-4.34.  Notification.

5/5-4.35.  Procedures for reconsideration and final
reconciliation.

5/5-4.36.  Penalties.

5/5-4.37.  Disbursements to facilities.

5/5-4.38. Annual audit

5/5-4.39. Applicability.

5/5-5.    Medical services.

5/5-5.01.  Pilot projects-Alzheimer's disease.

5/5-5.02.  Hospital reimbursements.

5/5-5.1.  Grouping of facilities.

5/5-5.2.  Payment

5/5-5.3.  Conditions of payment-Prospective rates-Accounting
principles.

5/5-5.4.  Standards of payment-Department of Public Aid.

5/5-5.5.  Elements of payment rate.

5/5-5.5a.  Kosher kitchen and food service.

5/5-5.6.  Federal requirements.

5/5-5.6a.  Promulgation of payment conditions, standards and
elements.

5/5-5.6b. Prohibition against double payment.

5/5-5.7.   Cost Reports-Audits.

5/5-5.8.   Report on nursing home reimbursement.

5/5-5.8a.  Payment for exceptional care.

5/5-5.8b. Payment to campus facilities.

5/5-5.9, 5/55.10.  Repealed.

5/5-5.11.  Payments for fiscal year 1983 services.

5/5-5.12.  Pharmacy payments.

5/5-5.13.  Reimbursement for antimicrobial drug-Expedited review
for drugs for AIDS treatment.

5/5-5.14.  Non-steroidal anti-inflammatory drugs-Reimbursement.

5/5-5.15.  Prepaid capitation for prescription pharmaceuticals.

5/5-5.16.  Provider reimbursement-Drug Manual amendments-Rules.

5/5-5.17.  Separate reimbursement rate.

5/5-5a.   Home and community-based services payments-Nursing home
pre-screening program.

5/5-5b.   Payment reductions.

5/5-6.    Obligations incurred prior to death of a recipient.

5/5-7.    Fees and charges-Reimbursements to counties.

5/5-8.    Practitioners.

5/5-9.    Choice of medical dispensers.

5/5-10.   Entitlement to social services.

5/5-11.   Co-operative arrangements-Contracts with other State
agencies, health care and rehabilitation organizations, and
fiscal intermediaries.

5/5-12.   Funeral and burial.

5/5-13.   Claim against estate of recipients aged 65 or more.

5/5-14.   Exemption for Townships.

5/5-15.   Contracts with community based organizations-Preventive
health programs-Disclosure of information-Annual report.

5/5-16.   Managed care.

5/5-16.1.  Case management services.

5/5-17.   Programs to improve access to hospital care.

5/5-18.   Health insurance for HIV infected persons eligible for
continuation coverage-Income eligibility requirements-Rules and
regulations.

5/5-19.   Healthy kids program.



5/5-1.  Declaration of purpose



 5-1.  Declaration of purpose.  It is the purpose of this Article
to provide a program of essential medical care and rehabilitative
services for persons receiving basic maintenance grants under
this Code and for other persons who are unable, because of
inadequate resources, to meet their essential medical needs.



Preservation of health, alleviation of sickness, and correction
of handicapping conditions for persons requiring maintenance
support are essential if they are to have an opportunity to
become self supporting or to attain a greater capacity for self-
care.  For persons who are medically indigent but otherwise able
to provide themselves with a livelihood, it is of special
importance to maintain their incentives for continued
independence and preserve their limited resources for ordinary
maintenance needs to prevent their total or substantial
dependency.



5/5-1.1. Definitions



 5-1.1.  Definitions.  The terms defined in this Section shall
have the meanings ascribed to them, except when the context
otherwise requires.



(a)  "Skilled Nursing Facility" means a nursing home eligible to
participate as a Skilled Nursing Facility under Title XIX of the
Federal Social Security Act.'



(b)  "Intermediate Care Facility" means a nursing home eligible
to participate as an Intermediate Care Facility under Title XIX
of the Federal Social Security Act.



(c)  "Standard Services" means those services required for the
care of all patients in the facility and shall as a minimum
include the following: (1) Administration; (2) Dietary
(standard); (3) Housekeeping; (4) Laundry and linen;  (5)
Maintenance of property and equipment, including utilities; (6)
Medical records;  (7) Training of employees;  (8) Utilization
review; (9) Activities services; (10) Social services; (11)
Disability services; and all other similar services required by
either the laws of the State of Illinois or one of its political
subdivisions or municipalities or by Title XIX of the Social
Security Act.

(d)  "Patient Services" means those which vary with the number of
personnel; professional and para-professional skills of the
personnel; specialized equipment, and reflect the intensity of
the medical and psycho-social needs of the patients.  Patient
services shall as a minimum include: (1) Physical services; (2)
Nursing services, including restorative nursing; (3) Medical
direction and patient care planning; (4) Health related
supportive and habilitative services and all similar services
required by either the laws of the State of Illinois or one of
its political subdivisions or municipalities or by Title XIX of
the Social Security Act.



(e)  "Ancillary Services" means those services which require a
specific physician's order and defined as under the medical
assistance program as not being routine in nature for skilled
nursing and intermediate care facilities. Such services generally
must be authorized prior to delivery and payment as provided for
under the rules of the Department of Public Aid.



(f)  "Capital" means the investment in a facility's assets for
both debt and non-debt funds.  Non-debt capital is the difference
between an adjusted replacement value of the assets and the
actual amount of debt capital.



(g)  "Profit" means the amount which shall accrue to a facility
as a result of its revenues exceeding its expenses as determined
in accordance with generally accepted accounting principles.



(h)  "Non-Institutional Services" means those services provided
under paragraph (f) of Section 3 of "An Act in relation to
rehabilitation of disabled persons", approved June 28, 1921, as
amended, and those services provided under Section 4.02 of 'The
Illinois Act on the Aging", approved August 9, 1973, as amended.

(i)  "Exceptional Medical Care" means the level of medical care
required by persons who are medically stable for discharge from a
hospital but who require acute intensity hospital level care for
physician, nurse and ancillary specialist services, including
persons with acquired immunodeficiency syndrome (AIDS) or a
related condition. Such care shall consist of those services
which the Department shall determine by rule.



(j)  "Institutionalized person" means an individual who is an
inpatient in an intermediate care or skilled nursing facility, or
who is an inpatient in a medical institution receiving a level of
care equivalent to that of an intermediate care or skilled
nursing facility, or who is receiving services under Section
1915(c) of the Social Security Act.

(k)  "Institutionalized spouse" means an institutionalized person
who is expected to receive services at the same level of care for
at least 30 days and is married to a spouse who is not an
institutionalized person.



(1)  "Community spouse" is the spouse of an institutionalized
spouse.

5/5-2.  Classes of persons eligible

5/5-2.  Classes of Persons Eligible.  Medical assistance under
this Article shall be available to any of the following classes
of persons in respect to whom a plan for coverage has been
submitted to the Governor by the Illinois Department and approved
by him:

1.   Recipients of basic maintenance grants under Articles III
and IV.

2.  Persons otherwise eligible for basic maintenance under
Articles III and IV but who fail to qualify thereunder on the
basis of need, and who have insufficient income and resources to
meet the costs of necessary medical care, including but not
limited to, all persons who would be determined eligible for such
basic maintenance under Article IV by disregarding the maximum
earned income permitted by federal law.

3.   Persons who would otherwise qualify for Aid to the Medically
Indigent under Article VII.

4.   Persons not eligible under any of the preceding paragraphs
who fall sick, are injured, or die, not having sufficient money,
property or other resources to meet the costs of necessary
medical care or funeral and burial expenses.

5.   (a) Women during pregnancy, after the fact of pregnancy has
been determined by medical diagnosis, and during the 6O-day
period beginning on the last day of the pregnancy, together with
their infants and children born after September 30, 1983, whose
income and resources are insufficient to meet the costs of
necessary medical care to the maximum extent possible under Title
XIX of the Federal Social Security Act.

(b)  The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 5(a) by
April 1,' 1990.  Such plan shall provide ambulatory prenatal care
to pregnant women during a presumptive eligibility period and
establish an income eligibility standard that is equal to 133% of
the confirm income official poverty line, as defined by the
federal Office of Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget Reconcilia
tion Act of 1981, applicable to families of the same size,
provided that costs incurred for medical care are not taken into
account in determining such income eligibility.

(c)  The Illinois Department may conduct a demonstration in at
least one county that will provide medical assistance to pregnant
women, together with their infants and children up to one year of
age, where the income eligibility standard is set up to 185% of
the confirm income official poverty line, as defined by the
federal Office of Management and Budget.  The Illinois Department
shall seek and obtain necessary authorization provided under
federal law to implement such a demonstration.  Such
demonstration may establish resource standards that are not more
restrictive than those established under Article IV of this Code.

6.   Persons under the age of 18 who fail to qualify as dependent
under Article IV and who have insufficient income and resources
to meet the costs of necessary medical care to the maximum extent
permitted under Title XIX of the Federal Social Security Act.

7.   Persons who are 18 years of age or younger and would qualify
as disabled as defined under the Federal Supplemental Security
Income Program, provided medical service for such persons would
be eligible for Federal Financial Participation, and provided the
Illinois Department determines that:

(a)  the person requires a level of care provided by a hospital,
skilled nursing facility, or intermediate care facility, as
determined by a physician licensed to practice medicine in all
its branches

(b)  it is appropriate to provide such care outside of an
institution, as determined by a physician licensed to practice
medicine in all its branches;

(c)  the estimated amount which would be expended for care
outside the institution is not greater than the estimated amount
which would be expended in an institution.

8.   Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs administered
by the Illinois Department due to employment earnings and persons
in assistance units comprised of adults and children who become
ineligible for basic maintenance assistance under Article VI of
this Code  due to employment earnings.  The plan for coverage for
this class of persons shall:

(a)  extend the medical assistance coverage for up to 12 months
following termination of basic maintenance assistance; and

(b)  offer persons who have initially received 6 months of the
coverage provided in paragraph (a) above, the option of receiving
an additional 6 months of coverage, subject to the following:

(i)  such coverage shall be pursuant to provisions of the federal
Social Security Act;

(ii) such coverage shall include all services covered while the
person was eligible for basic maintenance assistance;

(iii) no premium shall be charged for such coverage; and

(iv) such coverage shall be suspended in the event of a person's
failure without good cause to file in a timely fashion reports
required for this coverage under the Social Security Act and
coverage shall be reinstated upon the filing of such reports if
the person remains otherwise eligible.

9.   Persons with acquired immunodeficiency syndrome (AIDS) or
with AID S-related conditions with respect to whom there has been
a determination that but for home or community-based services
such individuals would require the level of care provided in an
inpatient hospital, skilled nursing facility or intermediate care
facility the cost of which is reimbursed under this Article.
Assistance shall be provided to such persons to the maximum
extent permitted under Title XIX of the Federal Social Security
Act.

The Illinois Department and the Governor shall provide a plan for
coverage of the persons eligible under paragraph 7 as soon as
possible after July 1,1984.

The eligibility of any such person for medical assistance under
this Article is not affected by the payment of any grant under
the Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act. The Department shall by rule
establish the amounts of assets to be disregarded in determining
eligibility for medical assistance, which shall at a minimum
equal the amounts to be disregarded under the Federal
Supplemental Security Income Program.  The amount of assets of a
single person to be disregarded shall not be less than $2,000,
and the amount of assets of a married couple to be disregarded
shall not be less than $3,000.

To the extent permitted under federal law, any person found
guilty of a second violation of Article VIIIA 8 shall be
ineligible for medical assistance under this Article, as provided
in Section 8A-8.

The eligibility of any person for medical assistance under this
Article shall not be affected by the receipt by the person of
donations or benefits from fundraisers held for the person in
cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.



5/5-5.13.  Reimbursement for antimicrobial drug-Expedited review
for drugs for AIDS treatment

 5-5.13. The Illinois Department may not prohibit reimbursement
for any antimicrobial drug used to treat infections which is
approved by the federal Food and Drug Administration, and all
such drugs shall be included in any Illinois Public Aid formulary
which the Department may adopt, except that it may restrict
reimbursement for any antimicrobial drugs under the federal
Maximum Allowable Cost Program.

The Illinois Department shall establish procedures for the
expedited review, for purposes of inclusion in the Illinois
Public Aid formulary, of any drug for the treatment of acquired
immunodeficiency syndrome (AIDS) which the federal Food and Drug
Administration has indicated is subject to a treatment
investigational new drug application.



***********

305 ILCS

**************



5/5-18. Health insurance for HIV infected persons eligible for
continuation coverage - Income eligibility requirements-Rules and
regulations

 5-18. The Illinois Department may pay for health insurance
coverage with funds appropriated for this purpose on behalf of
persons who are infected with the human immunodeficiency virus
(HIV) and are eligible for "continuation coverage" as provided by
the federal Consolidated Omnibus Budget Reconciliation Act of
1985 or group health insurance policies. The Illinois Department
shall adopt rules to establish income eligibility requirements
for participation in this health insurance coverage program.  The
Illinois Department shall also adopt rules and regulations to
administer this program that are in compliance with the
requirements of the federal Ryan White Comprehensive AIDS
Resources Emergency Act of 1990.



5/10-22.39. In-service training programs

 1022.39.  In-service training programs. To conduct in-service
training programs for teachers. In addition to other topics at
such programs, school guidance counselors. teachers and other
school personnel who work with -pupils in grades 7 through 12
shall be trained to identify the warning signs of suicidal
behavior in adolescents and teens and shall be taught appropriate
intervention and referral techniques.

School guidance counselors, nurses, teachers and other school
personnel who work with pupils may be trained to have a basic
knowledge of matters relating to acquired immunodeficiency
syndrome (AIDS), including the nature of the disease, its causes
and effects, the means of detecting it and preventing its
transmission, and the availability of appropriate sources of
counseling and referral, and any other information that may be
appropriate considering the age and grade level of such pupils.
The School Board shall supervise such training. The State Board
of Education and the Department of Public Health shall jointly
develop standards for such training.



5/27-9.1. Sex education

 27-9.1. Sex Education (a) No pupil shall be required to take or
participate in any class or course in comprehensive sex education
if his parent or guardian submits written objection thereto, and
refusal to take or participate in such course or program shall
not be reason for suspension or expulsion of such pupil. Each
class or course in comprehensive sex education offered in any of
grades 6 through 12 shall include instruction on the prevention,
transmission and spread of AIDS. Nothing in this Section
prohibits instruction in sanitation, hygiene or traditional
courses in biology.

(b)  All public elementary, junior high, and senior high school
classes that teach sex education and discuss sexual intercourse
shall emphasize that abstinence is the expected norm in that
abstinence from sexual intercourse is the only protection that is
100% effective against unwanted teenage pregnancy, sexually
transmitted diseases, and acquired immune deficiency syndrome
(AIDS) when transmitted sexually.

(c) All sex education courses that discuss sexual intercourse
shall satisfy the following

(1)  Course material and instruction shall be age appropriate.

(2)  Course material and instruction shall teach honor and
respect for monogamous heterosexual marriage.

(3)  Course material and instruction shall stress that pupils
should abstain from sexual intercourse until they are ready for
marriage.

(4)  Course material and instruction shall include a discussion
of the possible emotional and psychological consequences of
preadolescent and adolescent sexual intercourse outside of
marriage and the consequences of unwanted adolescent pregnancy.

(5) Course material and instruction shall stress that sexually
transmitted diseases are serious possible hazards of sexual
intercourse. Pupils shall be provided with statistics based on
the latest medical information citing the failure and success
rates of condoms in preventing AIDS and other sexually
transmitted diseases.

(6) Course material and instruction shall advise pupils of the
laws pertaining to their financial responsibility to children
born in and out of wedlock.

(7)  Course material and instruction shall advise pupils of the
circumstances under which it is unlawful for males to have sexual
relations with females under the age of 18 to whom they are not
married pursuant to Article 12 of the Criminal Code of 1961, as
now or hereafter amended.

(8)  Course material and instruction shall teach pupils to not
make unwanted physical and verbal sexual advances and how t6 say
no to unwanted sexual advances. Pupils shall be taught that it is
wrong to take advantage of or to exploit another person. The
material and instruction shall also encourage youth to resist
negative peer pressure.

(d)  An opportunity shall be afforded to parents or guardians to
examine the instructional materials to be used in such class or
course.



5/27-9.2.  Family life

 27-9.2.  Family Life.  If any school district provides courses
of instruction designed to promote wholesome and comprehensive
understanding of the emotional, psychological, physiological,
hygienic and social responsibility aspects of family life, then
such courses of instruction shall include the teaching of the
alternatives to abortion, appropriate to the various grade
levels; and whenever such courses of instruction are provided in
any of grades 6 through 12, then such courses also shall include
instruction on the  prevention, transmission and spread of AIDS.
However, no pupil shall be required to take or participate in any
family life class or course on AIDS instruction if his parent or
guardian submits written objection thereto, and refusal to take
or participate in such course or program shall not be reason for
suspension or expulsion of such pupil.

The State Superintendent of Education shall prepare and make
available to local school districts courses of instruction
designed to satisfy the requirements of this Section.

The State Superintendent of Education shall develop a procedure
for evaluating and measuring the effectiveness of the family life
courses of instruction in each local school district, including
the setting of reasonable goals for reduced sexual activity,
sexually transmitted diseases and premarital pregnancy.  The
goals shall be set by the beginning of the 1991-92 school year.
The State Superintendent shall distribute a copy of the procedure
to each local school district. Each local school district may
develop additional procedures or methods for measuring the
effectiveness of the family life courses of instruction within
the district.  Before the beginning of the 1993-94 school year,
the State Superintendent shall collect and evaluate all relevant
data to determine whether the goals are being achieved.



5/5. Temporary protective custody

 5. An officer of a local law enforcement agency, designated
employee of the Department, or a physician treating a child may
take or retain temporary protective custody of the child without
the consent of the person responsible for the child's welfare, if
(1) he has reason to believe that the circumstances or conditions
of the child are such that continuing in his place of residence
or in the care and custody of the person responsible for the
child's welfare, presents an imminent danger to that child's life
or health; and (2) there is not time to apply for a court order
under the Juvenile Court Act of 1987 for temporary custody of the
child. The person taking or retaining a child in temporary
protective custody shall immediately make every reasonable effort
to notify the person responsible for the child's welfare and
shall immediately notify the Department.  The Department shall
provide to the temporary caretaker of a child any information in
the Department's possession concerning the positive results of a
test performed on the child to determine the presence of the
antibody or antigen to Human Immunodeficiency Virus (HIV), or of
11W infection, as well as any communicable diseases or commu
nicable infections that the child has. The temporary caretaker of
a child shall not disclose to another person any information
received by the temporary caretaker from the Department
concerning the results of a test performed on the child to
determine the presence of the antibody or antigen to HIV, or of
HIV infection, except pursuant to Section 9 of the AIDS
Confidentiality Act, as now or hereafter amended. The Department
shall promptly initiate proceedings under the Juvenile Court Act
of 1987 for the continued temporary custody of the child.

Where the physician keeping a child in his custody does so in his
capacity as a member of the staff of a hospital or similar
institution, he shall notify the person in charge of the
institution or his designated agent, who shall then become
responsible for the further care of such child in the hospital or
similar institution under the direction of the Department.

Said care includes, but is not limited to the granting of
permission to perform emergency medical treatment to a minor
where the treatment itself does not involve a substantial risk of
harm to the minor and the failure to render such treatment will
likely result in death or permanent harm to the minor, and there
is not time to apply for a court order under the Juvenile Court
Act of 1987.

Any person authorized and acting in good faith in the removal of
a child under this Section shall have immunity from any
liability, civil or criminal that might otherwise be incurred or
imposed as a result of such removal. Any physician authorized and
acting in good faith and in accordance with acceptable medical
practice in the treatment of a child under this Section shall
have immunity from any liability, civil or criminal, that might
otherwise be incurred or imposed as a result of granting
permission for emergency treatment.

With respect to any child taken into temporary protective custody
pursuant to this Section, the Department of Children and Family
Services Guardianship Administrator or his designee shall be
deemed the child's legally authorized representative for purposes
of consenting to an HIV test if deemed necessary and appropriate
by the Department's Guardianship Administrator or designee and
obtaining and disclosing information concerning such test
pursuant to the AIDS Confidentiality Act if deemed necessary and
appropriate by the Department 5 Guardianship Administrator or
designee and for purposes of consenting to the release of
information pursuant to the Illinois Sexually Transmissible
Disease Control Act if deemed necessary and appropriate by the
Department's Guardianship Administrator or designee.

Any person who administers an HIV test upon the consent of the
Department of Children and Family Services Guardianship
Administrator or his designee, or who discloses the results of
such tests to the Department's Guardianship Administrator or his
designee, shall have immunity from any liability, civil, criminal
or otherwise, that might result by reason of such actions. For
the purpose of any proceedings, civil or criminal, the good faith
of any persons required to administer or disclose the results of
tests, or permitted to take such actions, shall be presumed.

********

720 ILCS

********



5/12-7.2.  Educational intimidation

 12-7.2. Educational intimidation.  (a) A person commits
educational intimidation when he knowingly interferes with the
right of any child who is or is believed to be afflicted with a
chronic infectious disease to attend or participate in the
activities of an elementary or secondary school in this State:

(1)  by actual or threatened physical harm to the person or
property of the child or the child's family; or

(2)  by impeding or obstructing the child's right of ingress to,
egress from, or freedom of movement at school facilities or
activities; or

(3)  by exposing or threatening to expose the child, or the
family or friends of the child, to public hatred, contempt or
ridicule.

(b)  Subsection (a) does not apply to the actions of school
officials or the school's infectious disease review team who are
acting within the course of their professional duties and in
accordance with applicable law.

(c)  Educational intimidation is a Class C misdemeanor, except
that a second or subsequent offense shall be a Class A
misdemeanor.

(d)  Independent of any criminal prosecution or the result
thereof, any person suffering injury to his person or damage to
his property as a result of educational intimidation may bring a
civil action for damages, injunction or other appropriate relief.
The court may award actual damages, including damages for
emotional distress, or punitive damages.  A judgment may include
attorney's fees and costs.  The parents or legal guardians of an
unemancipated minor, other than guardians appointed pursuant to
the Juvenile Court Act or the Juvenile Court Act of 1987, shall
be liable for the amount of any judgment for actual damages
awarded against such minor under this subsection (d) in any
amount not exceeding the amount provided under Section 5 of the
Parental Responsibility Law.



5/12-16.2.  Criminal transmission of HIV

 12-16.2. Criminal Transmission of HIV. (a) A person commits
criminal transmission of HIV when he or she, knowing that he or
she is infected with HIV:

(1)  engages in intimate contact with another;

(2)  transfers, donates, or provides his or her blood, tissue,
semen, organs, or other potentially infectious body fluids for
transfusion, transplantation, insemination, or other
administration to another; or

(3)  dispenses, delivers, exchanges, sells, or in any other way
transfers to another any nonsterile intravenous or intramuscular
drug paraphernalia.

(b)  For purposes of this Section:

"HIV" means the human immunodeficiency virus or any other
identified causative agent of acquired immunodeficiency syndrome.

"Intimate contact with another" means the exposure of the body of
one person to a bodily fluid of another person in a manner that
could result in the transmission of HIV.

"Intravenous or intramuscular drug paraphernalia" means any
equipment, product, or material of any kind which is peculiar to
and marketed for use in injecting a substance into the human
body.

(c)  Nothing in this Section shall be construed to require that
an infection with HIV has occurred in order for a person to have
committed criminal transmission of HIV.

(d)  It shall be an affirmative defense that the person exposed
knew that the infected person was infected with HIV, knew that
the action could result in infection with HIV, and consented to
the action with that knowledge.

(e)  A person who commits criminal transmission of HIV commits a
Class 2 felony.



5/12-17.  Defenses

 12-17.  Defenses.

(a)  It shall be a defense to any offense under Section 12-13
through 12-16 of this Code where force or threat of force is an
element of the offense that the victim consented. "Consent" means
a freely given agreement to the act of sexual penetration or
sexual conduct in question. Lack of verbal or physical resistance
or submission by the victim resulting from the use of force or
threat of force by the accused shall not constitute consent. The
manner of dress of the victim at the time of the offense shall
not constitute consent.

(b)  It shall be a defense under subsection (b) and subsection
(c) of Section 12-15 and subsection (d) of Section 12-16 of this
Code that the accused reasonably believed the person to be 17
years of age or over.



5/12-18.  General provisions

 12-18.  General Provisions. (a) No person accused of violating
Sections 12-13,12-14,12-15 or 12-16 of this Code shall be
presumed to be incapable of committing an offense prohibited by
Sections 12-13,12-14, 12-15 or 12-16 of this Code because of age,
physical condition or relationship to the victim, except as
otherwise provided in subsection (c) of this Section. Nothing in
this Section shall be construed to modify or abrogate the
affirmative defense of infancy under Section 6-1 of this Code or
the provisions of Section 54 of the Juvenile Court Act of 1987.

(b)  Any medical examination or procedure which is conducted by a
physician, nurse, medical or hospital personnel, parent, or
caretaker for purposes and in a manner consistent with reasonable
medical standards is not an offense under Sections 12-13, 12-14,
12-15 and 12-16 of this Code.

(c)  No person may be charged by his or her spouse under Sections
12-15 and 12-16 of this Code.

Prosecution of a spouse of a victim under this subsection for any
violation by the victim's spouse of Section 12-13 or 12-14 of
this Code is barred unless the victim reported such offense to a
law enforcement agency or the State's Attorney's office within 30
days after the offense was committed, except when the court finds
good cause for the delay.

(d)  In addition to the sentences provided for in Sections 12-13,
12-14, 12-15 and 12-16 of the Criminal Code of 1961 the Court may
order any person who is convicted of violating any of those
Sections to meet all or any portion of the financial obligations
of treatment, including but not limited to medical, psychiatric,
rehabilitative or psychological treatment, prescribed for the
victim or victims of the offense.

(e)  After a finding at a preliminary hearing that there is
probable cause to believe that an accused has committed a
violation of Section 12-13 or 12-14 of this Code, or after an
indictment is returned charging an accused with a violation of
Section 12-13 and 12-14 of this Code, at the request of the
person who was the victim of the violation of Section 12-13 or 12-
14, the prosecuting State's attorney shall seek an order from the
court to compel the accused to be tested for infection with human
immunodeficiency virus (HIV). The medical test shall be performed
only by appropriately licensed medical practitioners, and shall
consist of an enzyme-linked immunosorbent assay (ELISA) test, or
such other test as may be approved by the Illinois Department of
Public Health; in the event of a positive result, the Western
Blot Assay or a more reliable confirmatory test shall be
administered. The results of the test shall be kept strictly
confidential by all medical personnel involved in the testing and
must be personally delivered in a sealed envelope to the victim
and to the judge who entered the order, for the judge's
inspection in camera. Acting in accordance with the best
interests of the victim and the public, the judge shall have the
discretion to determine to whom, if anyone, the result of the
testing may be revealed; however, in no case shall the identity
of the victim be disclosed. The court shall order that the cost
of the test shall be paid by the county, and may be taxed as
costs against the accused if convicted.



5/3-6-2.  Institutions and facility administration

 3-6-2.  Institutions and Facility Administration.

(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by the
Director.  A chief administrative officer shall be responsible
for all persons assigned to the institution or facility.  The
chief administrative officer shall administer the programs of the
Department for the custody and treatment of such persons.

(b)  The chief administrative officer shall have such assistants
as the Depart. ment may assign.

(c)  The Director or Assistant Director shall have the emergency
powers to temporarily transfer individuals without formal
procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto.  However, transfers made under emergency powers shall be
reviewed as soon as practicable under Article 8, and shall be
subject to Section 1-7 of the Juvenile Court Act of 1987.  This
Section shall not apply to transfers to the Department of Mental
Health and Developmental Disabilities which are provided for
under Section 3-8-5 or Section 3-l5.

(d)  The Department shall provide educational programs for all
committed persons so that all persons have an opportunity to
attain the achievement level equivalent to the completion of the
twelfth grade in the public school system in this State. Other
higher levels of attainment shall be encouraged and professional
instruction shall be maintained wherever possible.  The
Department may establish programs of mandatory education and may
establish rules and regulations for the administration of such
programs.

(e)  A person committed to the Department who becomes in need of
medical or surgical treatment but is incapable of giving consent
thereto shall receive such medical or surgical treatment by the
chief administrative officer consenting on the person's behalf.
Before the chief administrative officer consents, he or she shall
obtain the advice of one or more physicians licensed to practice
medicine in all its branches in this State.  If such physician or
physicians advise:

(1)  that immediate medical or surgical treatment is required
relative to a condition threatening to cause death, damage or
impairment to bodily functions, or disfigurement; and

(2)  that the person is not capable of giving consent to such
treatment; the chief administrative officer may give consent for
such medical or surgical treatment, and such consent shall be
deemed to be the consent of the person for all purposes,
including, but not limited to, the authority of a physician to
give such treatment.

(f)  In the event that the person requires medical care and
treatment at a place other than the institution or facility, the
person may be removed therefrom under conditions prescribed by
the Department.

(g)  Any person having sole custody of a child at the time of
commitment or any woman giving birth to a child after her
commitment, may arrange through the Department of Children and
Family Services for suitable placement of the child outside of
the Department of Corrections. The Director of the Department of
Corrections may determine that there are special reasons why the
child should continue in the custody of the mother until the
child is 6 years old.

(h)  The Department may provide Family Responsibility Services
which may consist of, but not be limited to the following:

(1)  family advocacy counseling;

(2)  parent self-help group;

(3)  parenting skills training;

(4)  parent and child overnight program;

(5)  parent and child reunification counseling, either separately
or together, preceding the inmate's release; and

(6)  a prerelease reunification staffing involving the family
advocate, the inmate and the child's counselor, or both and the
inmate.

(i)  Prior to the release of any inmate who has a documented
history of intravenous drug use, and upon the receipt of that
inmate's written informed consent, the Department shall provide
for the testing of such inmate for infection with human
immunodeficiency virus (HIV) and any other identified causative
agent of acquired immunodeficiency syndrome (AIDS). The testing
provided under this subsection shall consist of an enzyme-linked
immunosorbent assay (ELISA) test or such other test as may be
approved by the Illinois Department of Public Health. If the test
result is positive, the Western Blot Assay or more reliable
confirmatory test shall be administered. All inmates tested in
accordance with the provisions of this subsection shall be
provided with pre-test and post-test counseling. Notwithstanding
any provision of this subsection to the contrary, the Department
shall not be required to conduct the testing and counseling
required by this subsection unless sufficient funds to cover all
costs of such testing and counseling are appropriated for that
purpose by the General Assembly.



5/3-14-1.  Release from the institution

 3-14-1.  Release from the Institution. (a) Upon release of a
person on parole, mandatory release, final discharge or pardon
the Department shall return all property held for him, provide
him with suitable clothing and procure necessary transportation
for him to his designated place of residence and employment.  It
may provide such person with a grant of money for travel and
expenses which may be paid in installments. The amount of the
money grant shall be determined by the Department.

The Department of Corrections may establish and maintain, in any
institution it administers, revolving funds to be known as
"Travel and Allowances Revolving Funds". These revolving funds
shall be used for advancing travel and expense allowances to
committed, paroled, and discharged prisoners. The moneys paid
into such revolving funds shall be from appropriations to the
Department for Committed, Paroled, and Discharged Prisoners.

(b)  The Department shall, not later than January 1, 1986, enter
into a written agreement with the Illinois Department of Public
Aid which shall provide for interagency procedures to process and
expedite applications for benefits authorized by the Illinois
Public Aid Code which are filed by or on behalf of persons
scheduled for discharge from facilities operated by the
Department.

(c)  Except as otherwise provided in this Code, the Department
shall establish procedures to provide written notification of any
release of any person who has been convicted of a Class X felony
to the sheriff of the county from which the offender was
sentenced, and to the sheriff of the county in which the
commission of the offense took place, at the written request of
the sheriff from the county in which the commission of the
offense took place. Except as otherwise provided in this Code,
the Department shall establish procedures to provide written
notification to the proper law enforcement agency for any
municipality with a population of more than 25,000 persons, of
any release of any person who has been convicted of a Class X
felony where the arrest of the offender or the commission of the
offense took place in such municipality, at the written request
of the appropriate law enforcement agency.

(d)  Upon the release of a committed person on parole, mandatory
supervised release, final discharge or pardon, the Department
shall provide such person with information concerning programs
and services of the Illinois Department of Public Health to
ascertain whether such person has been exposed to the human
immunodeficiency virus (HIV) or any identified causative agent of
Acquired Immunodeficiency Syndrome (AIDS).



5/5-4-3.  Persons convicted of sex offenses or institutionalized
as a sexually dangerous person; blood specimens; genetic marker
groups

5-4-3.    (a) Any person convicted of, or who received a
disposition of court supervision for, a sexual offense or attempt
of a sexual offense or institutionalized as a sexually dangerous
person under the Sexually Dangerous Persons Act 1 shall,
regardless of the sentence imposed, be required to submit
specimens of blood to the Illinois Department of State Police in
accordance with the provisions of this Section, provided such
person is:

(1)  convicted of a sexual offense or attempt of a sexual offense
on or after the effective date of this amendatory Act of 1989,
and sentenced to a term of imprisonment, periodic imprisonment,
fine, probation, conditional discharge or any other form of
sentence, or given a disposition of court supervision for the
offense, or

(2)  ordered institutionalized as a sexually dangerous person on
or after the effective date of this amendatory Act of 1989, or

(3)  convicted of a sexual offense or attempt of a sexual offense
before the effective date of this amendatory Act of 1989 and is
presently confined as a result of such conviction in any State
correctional facility or county jail or is presently serving a
sentence of probation, conditional discharge or periodic
imprisonment as a result of such conviction, or

(4)  presently institutionalized as a sexually dangerous person
or presently institutionalized as a person found guilty but
mentally ill of a sexual offense or attempt of a sexual offense.

(b)  Any person required by paragraphs (a)(1) and (a)(2) to
provide specimens of blood shall be ordered by the court to have
specimens of blood collected within 45 days after sentencing at a
collection site designated by the Illinois Department of State
Police.

(c)  Any person required by paragraphs (a)(3) and (a)(4) to
provide specimens of blood shall be required to provide such
samples prior to final discharge, parole, or release at a
collection site designated by the Illinois Department of State
Police.

(d)  The Illinois Department of State Police shall provide all
equipment and instructions necessary for the collection of blood
samples.  The collection of samples shall be performed in a
medically approved manner.  Only a physician authorized to
practice medicine, a registered nurse or other qualified person
approved by the Illinois Department of Public Health may withdraw
blood for the purposes of this Act.  The samples shall thereafter
be forwarded to the Illinois Department of State Police, Division
of Forensic Services and Identification, for analysis and
categorizing into genetic marker groupings.

(e)  The genetic marker groupings shall be maintained by the
Illinois Department of State Police, Division of Forensic
Services and Identification.

(f)  The genetic marker grouping analysis information obtained
pursuant to this Act shall be confidential and shall be released
only to peace officers of the United States, of other states or
territories, of the insular possessions of the United States, of
foreign countries duly authorized to receive the same, to all
peace officers of the State of Illinois and to all prosecutorial
agencies.

(g) For the purposes of this Section, "sexual offense" means any
violation of Sections 11-11, 12-13,12-14,12-15 or 12-16 of the
Criminal Code of 1961, or any former statute of this State which
defined a felony sexual offense.

(h) The Illinois Department of State Police shall be the State
central repository for all genetic marker grouping analysis
information obtained pursuant to this Act. The Illinois
Department of State Police may promulgate rules for the form and
manner of the collection of blood samples and other procedures
for the operation of this Act.  The provisions of the
Administrative Review Law 3 shall apply to all actions taken
under the rules so promulgated.

(i) A person ordered by the court to provide a blood specimen
shall cooperate with the collection of the specimen and any
deliberate act by that person intended to impede, delay or stop
the collection of the blood specimen shall be punishable as
contempt of court.



5/5-5-3.  Disposition

 5-5-3.  Disposition.

(a)  Every person convicted of an offense shall be sentenced as
provided in this Section.

(b)  The following Options shall be appropriate dispositions,
alone or in combination, for all felonies and misdemeanors other
than those identified in subsection (c) of this Section:

(1)  A period of probation;

(2)  A term of periodic imprisonment;

(3)  A term of conditional discharge;

(4)  A term of imprisonment;

(5)  An order directing the offender to clean up and repair the
damage, if the offender was convicted under paragraph (h) of
Section 21-1 of the Criminal Code of 1961;

(6)  A fine; or

(7)  An order directing the offender to make restitution to the
victim under Section 5-5-6 of this Code.

Whenever an individual is sentenced for an offense based upon an
arrest for a violation of Section 11-501 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and the
professional evaluation recommends remedial or rehabilitative
treatment or education, neither the treatment nor the education
shall be the sole disposition and either or both may be imposed
only in conjunction with another disposition.  The court shall
monitor compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or remedial
education must be licensed by the Department of Alcoholism and
Substance Abuse.  However, if the individual is not a resident of
Illinois, the court may accept an alcohol or other drug
evaluation or remedial education program in the state of such
individual's residence.  Programs providing treatment must be
licensed under existing applicable alcoholism and drug treatment
licensure standards.

In addition to any other fine or penalty required by law, any
individual convicted of a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of local ordinance,
whose operation of a motor vehicle while in violation of Section
11-501 or such ordinance proximately caused an incident resulting
in an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response.  Such restitution shall not exceed $500 per public
agency for each such emergency response. For the purpose of this
paragraph, emergency response shall mean any incident requiring a
response by: a police officer as defined under Section 1-162 of
the Illinois Vehicle Code;  a fireman carried on the rolls of a
regularly constituted fire department; and an ambulance as
defined under Section 4.05 of the Emergency Medical Services
(EMS) Systems Act.

Neither a fine nor restitution shall be the sole disposition for
a felony and either or both may be imposed only in conjunction
with another disposition.

(c)(1) When a defendant is found guilty of first degree murder
the State may either seek a sentence of imprisonment under
Section 5-8-1 of this Code, or where appropriate seek a sentence
of death under Section 9-1 of the Criminal Code of 1961.

(2) A period of probation, a term of periodic imprisonment or
conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less than
the minimum term of imprisonment set forth in this Code for the
following offenses, and may order a fine or restitution or both
in conjunction with such term of imprisonment:

(A)  First degree murder where the death penalty is not imposed;

(B)  Attempted first degree murder;

(C)  A Class X felony;

(D)  A violation of Section 401.1 or 407 of the Illinois
Controlled Substances Act, or a violation of subdivision (c)(2)
of Section 401 of that Act which relates to more than 5 grams of
a substance containing cocaine or an analog thereof;

(E)  A violation of Section 5.1 or 9 of the Cannabis Control Act;

(F)  A Class 2 or greater felony if the offender had been
convicted of a Class 2 or greater felony within 10 years of the
date on which he committed the offense for which he is being
sentenced;

(G)  Residential burglary;

(H)  Criminal sexual assault, except as otherwise provided in
subsection (e) of this Section;

(I)  Aggravated battery of a senior citizen;

(J)  A forcible felony if the offense was related to the
activities of an organized gang. For the purposes of this
paragraph, "organized gang" means an association of 5 or more
persons, with an established hierarchy, that encourages members
of the association to perpetrate crimes or provides support to
the members of the association who do commit crimes.

(3)  A minimum term of imprisonment of not less than 48
consecutive hours or 10 days of community service as may be
determined by the court shall be imposed for a second or
subsequent violation committed within 5 years of a previous
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance.

(4)  A minimum term of imprisonment of not less than 7
consecutive days or 30 days of community service shall be imposed
for a violation of paragraph (c) of Section 6-303 of the Illinois
Vehicle Code.

(5)  The court may sentence an offender convicted of a business
offense or a petty offense or a corporation or unincorporated
association convicted of any offense to:

(A)  A period of conditional discharge;

(B)  A fine;

(C)  Make restitution to the victim under Section 5-5-6 of this
Code.

(6)  In no case shall an offender be eligible for a disposition
of probation or conditional discharge for a Class 1 felony
committed while he was serving a term of probation or conditional
discharge for a felony.

(7)  When a defendant is adjudged a habitual criminal under
Article 33B of the Criminal Code of 1961, the court shall
sentence the defendant to a term of natural life imprisonment.

(8)  When a defendant, over the age of 21 years, is convicted of
a Class 1 or Class 2 felony, after having twice been convicted of
any Class 2 or greater Class felonies in Illinois, and such
charges are separately brought and tried and arise out of
different series of acts, such defendant shall be sentenced as a
Class X offender.  This paragraph shall not apply unless (1) the
first felony was committed after the effective date of this
amendatory Act of 1977; and (2) the second felony was committed
after conviction on the first; and (3) the third felony was
committed after conviction on the second.

(9)  A defendant convicted of a second or subsequent offense of
ritualized abuse of a child may be sentenced to a term of natural
life imprisonment.

(d)  In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The trial
court shall hold a hearing under Section 5-4-1 of the Unified
Code of Corrections which may include evidence of the defendant's
life, moral character and occupation during the time since the
original sentence was passed.  The trial court shall then impose
sentence upon the defendant.  The trial court may impose any
sentence which could have been imposed at the original trial
subject to Section 5-5-4 of the Unified Code of Corrections.

(e)  In cases where prosecution for criminal sexual assault or
aggravated criminal sexual abuse under Section 12-13 or 12-16 of
the Criminal Code of 1961 results in conviction of a defendant
who was a family member of the victim at the time of the
commission of the offense, the court shall consider the safety
and welfare of the victim and may impose a sentence of probation
only where:

(1)  the court finds (A) or (13) 6r both are appropriate:

(A)  the defendant is willing to undergo a court approved
counseling program for a minimum duration of 2 years; or

(B)  the defendant is willing to participate in a court approved
plan including but not limited to the defendant's:

(i)  removal from the household;

(ii) restricted contact with the victim;

(iii) continued financial support of the family;

(iv) restitution for harm done to the victim; and

(v)  such other measures that the court may deem appropriate; and

(2)  the court orders the defendant to pay for the victim's
counseling services, to the extent that the court finds, after
considering the defendant's income and assets, that the defendant
is financially capable of paying for such services, if the victim
was under 18 years of age at the time the offense was committed
and requires counseling as a result of the offense.

Probation may be revoked or modified pursuant to Section 5-6-4;
except where the court determines at the hearing that the
defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family members,
the court shall revoke the defendant's probation and impose a
term of imprisonment.

For the purposes of this Section, "family member" and "victim"
shall have the meanings ascribed to them in Section 12-12 of the
Criminal Code of 1961.

(f)  This Article shall not deprive a court in other proceedings
to order a forfeiture of property, to suspend or cancel a
license, to remove a person from office, or to impose any other
civil penalty.

(g)  Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-
19, 11-19.1, 11-19.2, 12-13, 12-14, 12-15 or 12-16 of the
Criminal Code of 1961, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with human
immunodeficiency virus (HIV) or any other identified causative
agent of acquired immunodeficiency syndrome (AIDS).  Any such
medical test shall be performed only by appropriately licensed
medical practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the conviction
was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the victim and the public,
the judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed.  The court
shall notify the defendant of a positive test showing an
infection with the human immunodeficiency virus (HIV).  The court
shall provide information on the availability of HIV testing and
counseling at Department of Public Health facilities to all
parties to whom the results of the testing are revealed and shall
direct the State's Attorney to provide the information to the
victim when possible. A State's Attorney may petition the court
to obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the State's
Attorney shows it is relevant in order to prosecute a charge of
criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.

     (h)  Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether the
defendant has been exposed to human immunodeficiency virus (HIV)
or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS).  Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing and
must be personally delivered in a sealed envelope to the judge of
the court in which the conviction was entered for the judge's
inspection in camera. Acting in accordance with the best
interests of the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of a positive test
showing an infection with the human immunodeficiency virus (HIV).
The court shall provide information on the availability of HIV
testing and counseling at Department of Public Health facilities
to all parties to whom the results of the testing are revealed
and shall direct the State's Attorney to provide the information
to the victim when possible. A State's Attorney may petition the
court to obtain the results of any HIV test administered under
this Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-16.2 of
the Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.

(i)  All fines and penalties imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and disbursed
by the circuit clerk as provided under Section 27.5 of the Clerks
of Courts Act.



5-204.  Medical information brochure

 204. Medical information brochure. The county clerk shall
distribute free of charge, to all persons applying for a marriage
license, a brochure prepared by the Department of Public Health
concerning sexually transmitted diseases and inherited metabolic
diseases.



50/7. Amendment or revocation of the gift

 7. Amendment or Revocation of the Gift. (a) If the will, card,
or other document or executed copy thereof, has been delivered to
a specified donee, the donor may amend or revoke the gift by:

(1)  the execution and delivery to the donee of a signed
statement witnessed and certified as provided in Section 5(b); or

(2)  a signed card or document found on his person, or in his
effects, executed at a date subsequent to the date the original
gift was made and witnessed and certified as provided in Section
5(b).

(b)  Any document of gift which has not been delivered to the
donee may be revoked by the donor in the manner set out in
subsection (a).

(c)  Any gift made by a will may also be amended or revoked in
the manner provided for amendment or revocation of wills or as
provided in subsection (a).



50/8.  Rights and duties at death

 8. Rights and Duties at Death. (a) The donee may accept or
reject the gift. If the donee accepts a gift of the entire body,
he may, subject to the terms of the gift, authorize embalming and
the use of the body in funeral services, unless a person named in
subsection (b) of Section 3 has requested. prior to the final
disposition by the donee, that the remains of said body be
returned to his or her custody for the purpose of final
disposition. Such request shall be honored by the donee if the
terms of the gift are silent on how final disposition is to take
place. If the gift is of a part of the body, the donee or
technician designated by him upon the death of the donor and
prior to embalming, shall cause the part to be removed without
unnecessary mutilation and without undue delay in the release of
the body for the purposes of final disposition.  After removal of
the part, custody of the remainder of the body vests in the
surviving spouse, next of kin, or other persons under obligation
to dispose of the body, in the order or priority listed in
subsection (b) of Section 3 of this Act.

(b)  The time of death shall be determined by a physician who
attends the donor at his death, or, if none, the physician who
certifies the death. The physician shall not participate in the
procedures for removing or transplanting a part.

(c)  A person who acts in good faith in accord with the terms of
this Act and the AIDS Confidentiality Act, or the anatomical gift
laws of another state or a foreign country, is not liable for
damages in any civil action or subject to prosecution in any
criminal proceeding for his act. Any person that participates in
good faith and according to the usual and customary standards of
medical practice in the removal or transplantation of any part of
a decedent's body pursuant to an anatomical gift made by the
decedent under Section 5 of this Act or pursuant to an anatomical
gift made by an individual as authorized by subsection (b) of
Section 3 of this Act shall have immunity from liability, civil,
criminal, or otherwise, that might result by reason of such
actions. For the purpose of any proceedings, civil or criminal,
the validity of an anatomical gift executed pursuant to Section 5
of this Act shall be presumed and the good faith of any person
participating in the removal or transplantation of any part of a
decedent's body pursuant to an anatomical gift made by the
decedent or by another individual authorized by the Act shall be
presumed.

(d)  This Act is subject to the provisions of "An Act to revise
the law in relation to coroners", approved February 6, 1874, as
now or hereafter amended, to the laws of this State prescribing
powers and duties with respect to autopsies, and to the statutes,
rules, and regulations of this State with respect to the
transportation and disposition of deceased human bodies.

(e)  If the donee is provided information, or determines through
independent examination, that there is evidence that the gift was
exposed to the human immunodeficiency virus (HIV) or any other
identified causative agent of acquired immunodeficiency syndrome
(AIDS), the donee may reject the gift and shall treat the
information and examination results as a confidential medical
record; the donee may disclose only the results confirming HIV
exposure, and only to the physician of the deceased donor.  The
donor's physician shall determine whether the person who executed
the gift should be notified of the confirmed positive test
result.