Section 693.50 Physical Examination and Medical Treatment for Syphilis, Gonorrhea, Chlamydia, HIV or Chancroid

Section 693

Section 693.50  Physical

Examination and Medical Treatment for Syphilis, Gonorrhea, Chlamydia, HIV or

Chancroid

a)

The Department and

certified local health departments

may examine or cause to be examined persons reasonably believed to be infected

with or to have been exposed to

a reportable STI. (Section 6(a) of the Act)

b)

Persons with

syphilis, gonorrhea, chlamydia, or

chancroid

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

certified

local health

department

or other public facility until the disease is noncommunicable or the Department

or the certified local health department

determines that the person does

not present a real and present danger to the public health. This subsection

shall not be construed to require the Department or the

certified local

health department

to pay for or provide such treatment.

(Section 6(b)

of the Act)

c)

Persons with

HIV

shall report for 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

certified

local

health

department

or other public facility.  This subsection shall not

be construed to require the Department or the certified local health department

to pay for or provide such treatment.

(Section 6(b) of the Act).

1)         The certified local health department or designated agent

shall attempt to determine whether a person within its jurisdiction whose

laboratory test indicates infection with or sexual exposure to syphilis,

gonorrhea, chlamydia or chancroid has received medical treatment prescribed and

rendered to the extent that the infection is no longer communicable by that

person;

2)         If a medical examination or appropriate treatment has not been

provided, the certified local health department shall request that individual

to report for examination or treatment at a specific date, time and location,

or other

ea, chlamydia or chancroid has received medical treatment prescribed and

rendered to the extent that the infection is no longer communicable by that

person;

2)         If a medical examination or appropriate treatment has not been

provided, the certified local health department shall request that individual

to report for examination or treatment at a specific date, time and location,

or otherwise submit verifiable proof of examination or treatment by a specific

date.  For persons living with HIV, if a medical examination or treatment has

not been provided, the certified local health department shall request that

individual to consider examination, testing and treatment;

3)         If the individual is known to have been exposed to an

infection listed in subsection (a) within the maximum incubation period, the

certified local health department shall request that individual to seek early

preventive/presumptive treatment and testing;

4)         The certified local health department shall document all

unsuccessful and successful attempts to secure a medical examination and

appropriate medical treatment and testing for an individual.  Documentation

shall include the dates, times, locations and forms of communication, including

the individual's responses, and a detailed narrative of the process.

d)         A certified local health department or designated agent shall

notify the Department of any case in which it:

1)         knows on the basis of laboratory or epidemiologic evidence

that a person within its jurisdiction is presently infectious to others, is

engaging in conduct or activities that place others at risk of exposure to the STI

or has stated the person's intention to do so, and has refused the examination

or medical treatment that has been prescribed for the contagion control of that

STI; and

2)         has exhausted its means of obtaining compliance with this

Section

erson within its jurisdiction is presently infectious to others, is

engaging in conduct or activities that place others at risk of exposure to the STI

or has stated the person's intention to do so, and has refused the examination

or medical treatment that has been prescribed for the contagion control of that

STI; and

2)         has exhausted its means of obtaining compliance with this

Section.

e)

No person shall be apprehended, examined or treated for

syphilis,

gonorrhea, chlamydia, HIV or chancroid

against

the person's

will,

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 or

certified local health department

shall show by a

preponderance of

the

evidence that the person is infectious and that a

real and present danger to the public health and welfare exists unless

the

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.

(Section 6(c) of the Act) The Department does not delegate

the responsibility to seek a court order to a delegated agency.

1)         In

determining whether no less restrictive means exist, the court shall consider

evidence showing that, under the circumstances presented by the case in which

an order is sought, apprehension, examination or treatment is the measure

provided for in guidelines issued by the Centers for Disease Control and

Prevention.

2)

The

court shall require any proceedings authorized by this Section 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.

(Section 6(c) of the Act)

3)         The

individual shall be given a written notice of any court proceedings conducted

under this Section. The notice shall follow the procedures listed in 77 Ill.

Adm

amera.  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.

(Section 6(c) of the Act)

3)         The

individual shall be given a written notice of any court proceedings conducted

under this Section. The notice shall follow the procedures listed in 77 Ill.

Adm. Code 690.1330 (Control of Communicable Diseases Code).

f)

Any

person who knowingly or maliciously disseminates any false information or

report concerning the existence of

syphilis, gonorrhea, chlamydia, HIV or

chancroid

under this Section is guilty of a Class A misdemeanor.

(Section

6 (d) of the Act)