Methodology is explained in the Introduction page 5. Any physician, dentist, podiatrist, nurse or other person providing health care services of any kind. If any exposure prone invasive procedures performed, or DOH identifies any other potential risk transmission to patients, the DOH shall advise HCW that such patients must be retroactively notified of their potential risk of exposure to HIV. If the invasive procedures performed by HCW were not exposure-prone invasive procedures, and no other potential risk of transmission was identified, the entity performing an investigation process shall provide HCW with information concerning the use of universal precautions. HCW shall also be advised to refrain from any future performance of exposure-prone invasive procedures, except in accordance with the recommendations of an ERP.
Although state and oh laws dissclosure much of this discrimination against people with HIV, the ability to enforce those rights usually Illinois statute on hiv disclosure on access to free legal Illinois statute on hiv disclosure, which are increasingly limited and not available at all in roughly half of the states in the United States. State St. To endorse the statement, email Rrichardson hivlawandpolicy. The law establishes a system that is set against people living with HIV Illinpis the beginning. SBintroduced tsatute Sen. Pre-test information must be offered, may be provided verbally, in writing, electronically, by video, or through Premature ejaculationm means, as long as patients are permitted to ask questions. Research shows these laws discourage HIV testingenforce already prominent stigma around HIVand foster racial and sex-based disparities with prosecutions that disproportionately affect women and Black and Latinx communities. There is also an option to list "undetectable," meaning the person has tested positive for HIV in the past but has been treated to the point where the virus can't be detected in standard tests. This bill was a response to a tragic case in Whiteside County, Ill.
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Health Department Policies:. Exemption from prosecution if a condom is wore during sexual activity — No more criminal charges if a person uses a condom. There was no way to prove that he had knowingly exposed his partners to HIV. Gay naked army Content. Every state in the country allows minors to consent to STI testing and care without parental approval, although a number of these set an age threshold for the right to consent without parental involvement. Ohio admin. He-P SBintroduced by Disclodure. Idaho Admin. Methodology is explained in the Introduction page 5. Minors must be 12 years of age or older to consent to HIV testing Illinois statute on hiv disclosure treatment. AR ADC
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Code St. Judges must approve all requests for medical records, and the judge reviews records and determines if they are before they are turned over to prosecutors. Mid This bill was a response to a tragic case in Whiteside County, Ill. Too often, former partners press charges for criminal transmission as retaliation when a relationship has soured.
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The bill does include an important protection against prosecutorial abuse. Judges must approve all requests for medical records, and the judge reviews records and determines if they are before they are turned over to prosecutors.
However, AFC and other advocates will remain vigilant to ensure that abuses do not occur. The bill has been sent to Gov. Pat Quinn who will likely sign the bill into law. The bill strikes an apprehensive compromise between HIV advocates and law enforcement.
While the bill is an improvement, it still contains problematic sections. AFC will continue to monitor the law once it is enacted, and look for opportunities to repeal it altogether. To endorse the statement, email Rrichardson hivlawandpolicy. Categorized under Advocacy and Illinois. Read more Over the course of the last two weeks, Governor Bruce Rauner has deemed it necessary to veto three pieces Bruce Rauner is playing You may have most We decided to make a bad law better.
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How Illinois' HIV Criminalization Law Has Changed: AIDS Foundation of Chicago
A Cicero police officer who is alleged to have had unprotected sex without disclosing to his partner that he was HIV-positive is facing up to seven years in prison on charges of criminal transmission of HIV, even though the man he had sex with says he did not contract the virus. The Illinois law under which both men have been charged makes it a felony for a person who has HIV to engage in unprotected sex without first informing the other person that he or she carries the virus.
Transmission does not have to occur in order for the person with HIV to be charged. The two cases illustrate the broad reach of the decades-old law, which came out of the early days of the HIV-AIDS epidemic in the s. As is the case with similar statutes in other states, the law has been criticized by gay rights advocates who believe it stigmatizes people who carry the virus and does nothing to stem the spread of AIDS.
Arguments for and against HIV-specific criminal laws have been waged for decades, but the effort to do away with them has gained momentum in recent years. Prosecutors in a number of states have argued that people who have HIV should know that there is a risk of passing it on and that they have a responsibility to inform their sexual partners of that risk. But critics say HIV is singled out when there are many other dangerous diseases that can be transmitted through unprotected sex, and that current laws don't take into account the advancements in treatment that can make people with HIV less contagious.
The U. Justice Department earlier this year put out guidelines for states with HIV-specific criminal laws, suggesting elimination of the laws except in the case of sexual assault or when there is evidence that "clearly demonstrates" the person's intent was to transmit the virus. Illinois' law was amended in so that prosecutors are now required to prove that a person intended to transmit HIV.
But still, critics say the law is outdated and overreaching — even in cases where people actively hide their HIV status from their partners. Critics of the law point to cases like that of John Savage, the Cicero police officer whose trial is set to begin next week.
Savage, 40, is accused of having unprotected sex with a thenyear-old man he met on an Internet site in July , according to court records. The Tribune is not naming the man, who requested anonymity because he is an alleged victim of a sex crime. The website where they met caters to gay men, and allows people to disclose on their profile whether they have HIV, or if they don't know. There is also an option to list "undetectable," meaning the person has tested positive for HIV in the past but has been treated to the point where the virus can't be detected in standard tests.
Savage, who had undetectable HIV levels in his blood at the time, had not disclosed anything about his HIV status in his profile, according to court records. It is unclear whether the "undetectable" option was available on the website at the time that Savage created his profile.
The other man noted on his profile that he was HIV-negative. Savage's attorneys contend in a motion filed with the court that the other man initiated contact with Savage by sending him a "smile" — similar to a "poke" on Facebook — on the website, Adam4Adam. The two began exchanging messages and eventually met for dinner and a movie. About a week later, they had sex at Savage's home in La Grange Park, according to the motion.
After the man left Savage's home early the next morning, he sent him a text message asking, "you are negative right? Savage's attorney declined to discuss the case and said he advised Savage not to discuss it because of the upcoming trial. The other man said the Cook County state's attorney's office, which is handling the case, advised him not to discuss it before the trial. Tandra Simonton, a spokeswoman for the state's attorney's office, said prosecutors would not discuss the case because it is still active.
On the day that Savage and the man exchanged text messages about Savage's HIV status, the man went to the emergency room and was referred to his primary care physician, according to the motion filed by Savage's attorney.
Savage was later indicted by a grand jury and was arrested and charged in March More than two years after the two had sex, the other man remains HIV-negative, he told the Tribune. But prosecutors have discretion to reduce the charges, as often happens in criminal cases.
Legislation criminalizing the exchange of bodily fluids from a person with HIV to a person without it started to hit state legislatures in the early years of the epidemic and were spurred on by the federal government when it tied funding for AIDS treatment to a requirement that states enact laws that would be "adequate to prosecute any HIV-infected individual" who knowingly exposes a person to the virus. As of , 24 states had laws that require people with HIV to disclose their status to sexual partners, according to the CDC.
The laws vary in severity and reach, and a movement led by gay rights advocates has caused some states, including Illinois, to amend their laws. Recent changes to Illinois' law were sparked by a case in which a man from Rock Falls in northwestern Illinois was accused of knowingly exposing several women to HIV.
Prosecutors were unable to prove when the man knew that he carried the virus because of strong privacy protections in the state's HIV confidentiality law. The man, who had reportedly been charged with 13 counts of criminally transmitting HIV, was convicted on just one count. State lawmakers, led by Sen. Dale Righter, R-Mattoon, responded with new legislation that would give prosecutors access to a person's medical records in order to determine when the person knew that he or she had HIV.
Gay rights advocates saw an opportunity and gave their support for the measure in exchange for changes in the criminal transmission law. A number of changes came out of that effort. Charges now can be brought only against a person who engages in unprotected sex, whereas the law had allowed prosecution of people who used a condom. Under the previous statute, people also could be — and were — charged for doing things like spitting, biting or scratching a person — activities that are now believed to have a low to zero rate of transmission.
The law was also amended to require that prosecutors prove that a person intended to expose someone else to HIV. Savage, however, is being charged and tried under the previous law, which was in effect at the time that he is alleged to have exposed another man to HIV.
Righter said it was a challenge, "balancing the objections of and the potential targeting of individuals who are HIV-positive, versus public safety. Most people with HIV don't want to pass it on, and those who intentionally do so could be prosecuted under other criminal laws, they say. What is a person going to do about those individuals?
Many people who are aware that they have HIV undergo treatment that can suppress the virus to a point where transmission is highly unlikely but not impossible. Some criticize the law for failing to take risk level into account. A second case making its way through the Cook County criminal court system involves Johanson Little, a year-old man from the Grand Boulevard neighborhood. Prosecutors again would not discuss the case because it is ongoing.
Steve Campbell, a spokesman for the Cook County state's attorney's office, said at the time that Little was charged that he had dated a woman between June and June and that the woman learned in February that she was HIV-positive. The woman, whom the Tribune could not reach for comment and is not identifying because she is the alleged victim of a sex crime, told prosecutors she did not have sex with anyone else during the relationship or after it ended, Campbell said.
Court records allege that Little and the woman had unprotected sex while Little knew that he was infected with HIV. Little had told the woman that his wife had died from ovarian cancer, prosecutors say, but the woman later learned from relatives of the wife that she had died of complications from AIDS.
When the woman confronted Little, he admitted that he knew he was HIV-positive when they had sex, prosecutors said. Little has been HIV-positive since , prosecutors said. His lawyer declined to comment on the case and said he would advise Little not to speak about it. As a result of being charged, Little's HIV-positive status became public knowledge, which critics say is another unfair element of HIV exposure laws.
Gay rights groups say HIV exposure laws discourage people from learning their status, out of fear that once they know, they'll have to disclose it to their partners. If we want to make it easier to disclose and to have candid conversations about sexual health, then we need to be working to get rid of the stigma around HIV. Skip to content. Johanson Little, left, and John Savage. Plus, our updated power rankings. Critics say the changes to the law don't go far enough. Latest News. Martin Stern, real estate developer who played key role in Harold Washington Library and Block 37, dies at Gary man, 60, shot to death Saturday.
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