Bill Text: IL HB5551 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Sexually Transmissible Disease Control Act. Provides that a health care professional who makes a clinical diagnosis of trichomoniasis may prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to the infected person's sexual partner or partners for the treatment of the sexually transmissible disease without physical examination of the partner or partners, if in the judgment of the health care professional the partner is unlikely or unable to present for comprehensive healthcare, including evaluation, testing, and treatment for sexually transmissible diseases.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5551 Detail]

Download: Illinois-2019-HB5551-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5551 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
410 ILCS 325/6 from Ch. 111 1/2, par. 7406
Amends the Illinois Sexually Transmissible Disease Control Act. Provides that a health care professional who makes a clinical diagnosis of trichomoniasis may prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to the infected person's sexual partner or partners for the treatment of the sexually transmissible disease without physical examination of the partner or partners, if in the judgment of the health care professional the partner is unlikely or unable to present for comprehensive healthcare, including evaluation, testing, and treatment for sexually transmissible diseases.
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A BILL FOR
HB5551 LRB101 20797 CPF 70492 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Sexually Transmissible Disease
Control Act is amended by changing Section 6 as follows:
(410 ILCS 325/6) (from Ch. 111 1/2, par. 7406)
Sec. 6. Physical examination and treatment.
(a) Subject to the provisions of subsection (c) of this
Section, the Department and its authorized representatives may
examine or cause to be examined persons reasonably believed to
be infected with or to have been exposed to a sexually
transmissible disease.
(b) Subject to the provisions of subsection (c) of this
Section, persons with a sexually transmissible disease shall
report for complete treatment to a physician licensed under the
provisions of the Medical Practice Act of 1987, or shall submit
to treatment at a facility provided by a local health authority
or other public facility, as the Department shall require by
rule or regulation until the disease is noncommunicable or the
Department determines that the person does not present a real
and present danger to the public health. This subsection (b)
shall not be construed to require the Department or local
health authorities to pay for or provide such treatment.

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(c) No person shall be apprehended, examined or treated for
a sexually transmissible disease against his will, under the
provisions of this Act, except upon the presentation of a
warrant duly authorized by a court of competent jurisdiction.
In requesting the issuance of such a warrant the Department
shall show by a preponderance of evidence that the person is
infectious and that a real and present danger to the public
health and welfare exists unless such warrant is issued and
shall show that all other reasonable means of obtaining
compliance have been exhausted and that no other less
restrictive alternative is available. The court shall require
any proceedings authorized by this subsection (c) to be
conducted in camera. A record shall be made of such proceedings
but shall be sealed, impounded and preserved in the records of
the court, to be made available to the reviewing court in the
event of an appeal.
(d) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of any
sexually transmissible disease under this Section is guilty of
a Class A misdemeanor.
(e) Taking into account the recommendations of the U.S.
Centers for Disease Control and Prevention and other nationally
recognized medical authorities, the Department shall provide
information and technical assistance as appropriate to health
care professionals who provide expedited partner therapy
services for persons with sexually transmissible diseases.

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(1) Notwithstanding any other provision of law, a
health care professional who makes a clinical diagnosis of
chlamydia, or gonorrhea, or trichomoniasis may prescribe,
dispense, furnish, or otherwise provide prescription
antibiotic drugs to the infected person's sexual partner or
partners for the treatment of the sexually transmissible
disease without physical examination of the partner or
partners, if in the judgment of the health care
professional the partner is unlikely or unable to present
for comprehensive healthcare, including evaluation,
testing, and treatment for sexually transmissible
diseases. Expedited partner therapy shall be limited to
partners who may have been exposed to a sexually
transmissible disease within the previous 60 days, if the
patient is able to contact the partner.
(2) Health care professionals who provide expedited
partner therapy shall comply with Sections 4 and 5 of the
Illinois Sexually Transmissible Disease Control Act.
(3) Health care professionals who provide expedited
partner therapy shall provide counseling for the patient
and written materials provided by the Department to be
given by the patient to the partner or partners that
include at a minimum the following:
(A) a warning that a woman who is pregnant or might
be pregnant must not take certain antibiotics and must
immediately contact a health care professional for an

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examination, and a recommendation for such an
examination;
(B) information about the antibiotic and dosage
provided or prescribed; clear and explicit allergy and
side effect warnings, including a warning that a
partner who has a history of allergy to the antibiotic
or the pharmaceutical class of antibiotic must not take
the antibiotic and must be immediately examined by a
health care professional, and a recommendation for
such an examination;
(C) information about the treatment and prevention
of sexually transmissible diseases;
(D) the requirement of abstinence until a period of
time after treatment to prevent infecting others;
(E) notification of the importance of the partner
or partners of the patient to receive examination and
testing for HIV and other sexually transmissible
diseases, and available resources;
(F) notification of the risk to self, others, and
the public health if the sexually transmissible
disease is not completely and successfully treated;
(G) the responsibility of the partner or partners
to inform his or her sex partner or partners of the
risk of sexually transmissible disease and the
importance of prompt examination and treatment; and
(H) other information as deemed necessary by the

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Department.
(4) The Department shall develop and disseminate in
electronic and other formats the following written
materials:
(A) informational materials for partners, as
required in item (3) of this subsection (e);
(B) informational materials for persons who are
repeatedly diagnosed with sexually transmissible
diseases; and
(C) guidance for health care professionals on the
safe and effective provision of expedited partner
therapy.
The Department may offer educational programs about
expedited partner therapy for health care professionals
and pharmacists licensed under the Pharmacy Practice Act.
(5) A health care professional prescribing,
dispensing, furnishing, or otherwise providing in good
faith without fee or compensation prescription antibiotics
to partners under this subsection (e) and providing
counseling and written materials as required by item (3) of
this subsection (e) shall not be subject to civil or
professional liability, except for willful and wanton
misconduct. A health care professional shall not be subject
to civil or professional liability for choosing not to
provide expedited partner therapy.
(6) A pharmacist or pharmacy shall not be subject to

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civil or professional liability for choosing not to fill a
prescription that would cause the pharmacist or pharmacy to
violate any provision of the Pharmacy Practice Act,
including the definition of "prescription" set forth in
subsection (e) of Section 3 of the Pharmacy Practice Act or
the definition of "drug regimen review" set forth in
subsection (y) of Section 3 of the Pharmacy Practice Act.
(Source: P.A. 96-613, eff. 1-1-10.)