ILCS » Chapter 410 · Act 305
Illinois Compiled Statutes

410 ILCS 305/2 (2026)

The General Assembly finds that:     (1) The use of tests designed to reveal a condition indicative of Human Immunodeficiency Virus (HIV) infection can be a valuable tool in protecting the public health

✓ current as of May 2026
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(410 ILCS 305/2) (from Ch. 111 1/2, par. 7302)
    Sec. 2. The General Assembly finds that:
    (1) The use of tests designed to reveal a condition indicative of Human Immunodeficiency Virus (HIV) infection can be a valuable tool in protecting the public health.
    (2) Despite existing laws, regulations and professional standards which require or promote the informed, voluntary and confidential use of tests designed to reveal HIV infection, many members of the public are deterred from seeking such testing because they misunderstand the nature of the test or fear that test results or other health information that reveals their HIV status will be disclosed without their consent.
    (3) The public health will be served by facilitating informed, voluntary and confidential use of tests designed to reveal HIV infection and appropriately protecting the health information privacy of patients who are HIV-positive.
    (4) The public health will also be served by expanding the availability of informed, voluntary, and confidential HIV testing and treatment and making HIV testing a routine part of general medical care, as recommended by the United States Centers for Disease Control and Prevention.
    (5) The use of electronic health record systems and the exchange of electronic patient records, both paper and electronic, through secure means, including through secure health information exchanges, should be encouraged to improve patient health care and care coordination, facilitate public health reporting, and control health care costs, among other purposes.
    (6) Limiting the use or disclosure of, and requests for, protected health information to the minimum necessary to accomplish an intended purpose, when being transmitted by or on behalf of a covered entity under HIPAA, is a key component of health information privacy. The disclosure of HIV-related information, when allowed by this Act, shall be performed in accordance with the minimum necessary standard when required under HIPAA.
(Source: P.A. 98-1046, eff. 1-1-15.)

    
Notes of Decisions
Cited in 9 cases, 1994–2018 · leading case: Doe v. Chand, 781 N.E.2d 340 (Ill. App. Ct. 2002).
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Doe v. Chand, 781 N.E.2d 340 (Ill. App. Ct. 2002). · cites it 2× “" 410 ILCS 305/2(2) (West 1998). Clearly, our legislature felt that additional protection was needed to ensure the confidentiality of HIV testing.”
In Re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). · cites it 2× “The public's fear was well-founded, since individuals with HIV and those associated with individuals with HIV have suffered violence and discrimination in housing, medical care, employment, insurance, and education affecting their reputations, economic livelihoods, and personal…”
Sekura v. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175 (Ill. App. Ct. 2018). · cites it 2× “410 ILCS 305/2 (West 2016). The purpose of the AIDS Confidentiality Act is to relieve the fears of people about being tested for AIDS and to protect against unauthorized disclosure ( 410 ILCS 305/2 (West 2016) (members of the public "fear that test results * * * will be…”
Glasco v. Marony, 808 N.E.2d 1107 (Ill. App. Ct. 2004). · cites it 2× “410 ILCS 305/2(3) (West 2000); see also Thiele v.”
Doe v. Burgos, 638 N.E.2d 701 (Ill. App. Ct. 1994). · cites it 2× “" (410 ILCS 305/2(3) (West 1992).) A reading of the Act indicates a purpose to protect individuals against the casual testing of their blood for the presence of the AIDS virus.”
Goins v. Mercy Ctr. for Health Care Servs., 667 N.E.2d 652 (Ill. App. Ct. 1996). “) 410 ILCS 305/2, 9, 13(1), 13(2) (West 1992).”
In re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). · cites it 2× “410 ILCS 305/2 (1),(3) (West 1996). Nonetheless, prior to the Act’s enactment, members of the public were deterred from seeking HIV testing in part because they feared that their results would be disclosed without their consent.”
Bitner v. Pekin Mem'l Hosp., 741 N.E.2d 1075 (Ill. App. Ct. 2000). · cites it 2× “410 ILCS 305/2(2) (West 1998). The Act therefore provides that individuals tested for HIV may remain anonymous by executing a written informed consent which dissociates individual identity from requests for testing and from test results.”
Doe v. Chand Corrected Opinion (Ill. App. Ct. 2002). “" 410 ILCS 305/2(2) (West 1998). Clearly, our legislature felt that additional protection was needed to ensure the confidentiality of HIV testing.”
— 410 ILCS 305/2(1) — 1 case
In Re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). “The public's fear was well-founded, since individuals with HIV and those associated with individuals with HIV have suffered violence and discrimination in housing, medical care, employment, insurance, and education affecting their reputations, economic livelihoods, and personal…”
— 410 ILCS 305/2(2) — 5 cases
Doe v. Chand, 781 N.E.2d 340 (Ill. App. Ct. 2002). “" 410 ILCS 305/2(2) (West 1998). Clearly, our legislature felt that additional protection was needed to ensure the confidentiality of HIV testing.”
In Re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). “The public's fear was well-founded, since individuals with HIV and those associated with individuals with HIV have suffered violence and discrimination in housing, medical care, employment, insurance, and education affecting their reputations, economic livelihoods, and personal…”
In re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). “410 ILCS 305/2 (1),(3) (West 1996). Nonetheless, prior to the Act’s enactment, members of the public were deterred from seeking HIV testing in part because they feared that their results would be disclosed without their consent.”
Doe v. Chand Corrected Opinion (Ill. App. Ct. 2002). “" 410 ILCS 305/2(2) (West 1998). Clearly, our legislature felt that additional protection was needed to ensure the confidentiality of HIV testing.”
Bitner v. Pekin Mem'l Hosp., 741 N.E.2d 1075 (Ill. App. Ct. 2000). “410 ILCS 305/2(2) (West 1998). The Act therefore provides that individuals tested for HIV may remain anonymous by executing a written informed consent which dissociates individual identity from requests for testing and from test results.”
— 410 ILCS 305/2(3) — 3 cases
Glasco v. Marony, 808 N.E.2d 1107 (Ill. App. Ct. 2004). “410 ILCS 305/2(3) (West 2000); see also Thiele v.”
Doe v. Burgos, 638 N.E.2d 701 (Ill. App. Ct. 1994). “" (410 ILCS 305/2(3) (West 1992).) A reading of the Act indicates a purpose to protect individuals against the casual testing of their blood for the presence of the AIDS virus.”
Bitner v. Pekin Mem'l Hosp., 741 N.E.2d 1075 (Ill. App. Ct. 2000). “410 ILCS 305/2(2) (West 1998). The Act therefore provides that individuals tested for HIV may remain anonymous by executing a written informed consent which dissociates individual identity from requests for testing and from test results.”
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