ILCS » Chapter 410 · Act 305
Illinois Compiled Statutes

410 ILCS 305/4 (2026)

Informed consent

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(410 ILCS 305/4) (from Ch. 111 1/2, par. 7304)
    Sec. 4. Informed consent. No person may order an HIV test without first providing pre-test information, as defined under subsection (w-5) of Section 3 of this Act, and receiving the informed consent of the subject of the test or the subject's legally authorized representative in accordance with paragraph (1) or (2) of subsection (q) of Section 3 of this Act.
    A health care provider, health care professional, or health care facility conducting opt-in testing and obtaining informed consent pursuant to paragraph (1) of subsection (q) of Section 3 shall document verbal or written consent in the general consent for medical care, a separate consent form, or elsewhere in the medical record.
    A health care provider, health care professional, or health care facility conducting opt-out testing pursuant to paragraph (2) of subsection (q) of Section 3 shall document the subject's or the subject's legally authorized representative's declination of the test in the medical record. Individual documentation of the provision of pre-test information to each test subject is not required. A health care provider, health care professional, or health facility conducting opt-out testing and shall establish and implement a written procedure for conducting opt-out testing pursuant to paragraph (2) of subsection (q) of Section 3 and for providing pre-test information, as that term is defined under subsection (w-5) of Section 3 of this Act.
(Source: P.A. 99-54, eff. 1-1-16.)

    
Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Doe v. Burgos, 638 N.E.2d 701 (Ill. App. Ct. 1994).
Sort: Relevance Newest Treatment
Doe v. Burgos, 638 N.E.2d 701 (Ill. App. Ct. 1994). · cites it 2× “The Act's provision that "[n]o person may order an HIV test" without consent (410 ILCS 305/4 (West 1992)) seems to refer to doctors or lab technicians who might have blood in their possession, with the consent of the patient, and be tempted to run a test on it.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.