ILCS » Chapter 410 · Act 305
Illinois Compiled Statutes

410 ILCS 305/6 (2026)

Any individual seeking an HIV test shall have the right to anonymous testing, unless identification of the test subject is otherwise required

✓ current as of May 2026
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(410 ILCS 305/6) (from Ch. 111 1/2, par. 7306)
    Sec. 6. Any individual seeking an HIV test shall have the right to anonymous testing, unless identification of the test subject is otherwise required. Anonymous testing shall be performed after pre-test information is provided and informed consent is obtained, using a coded system that does not link individual identity with the request or result. A health care facility or health care provider that does not provide anonymous testing shall refer an individual requesting an anonymous test to a site where it is available. The Department may, if it deems necessary, promulgate regulations exempting blood banks, as defined in the Illinois Blood Bank Act, from the requirements of this Section.
(Source: P.A. 95-7, eff. 6-1-08.)

    
Notes of Decisions
Cited in 3 cases, 2000–2002 · 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 305/6 (West 1998). There is no requirement at common law that such a system be used to give informed consent.”
Doe v. Chand Corrected Opinion (Ill. App. Ct. 2002). “410 ILCS 305/6 (West 1998). There is no requirement at common law that such a system be used to give informed consent.”
Bitner v. Pekin Mem'l Hosp., 741 N.E.2d 1075 (Ill. App. Ct. 2000). “410 ILCS 305/6 (West 1998). The written consent of an individual, however, is not required when that individual may have exposed a law enforcement officer, acting in the line of duty, to HIV 410 ILCS 305/7(c) (West 1998).”
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