ILCS » Chapter 410 · Act 305
Illinois Compiled Statutes

410 ILCS 305/7 (2026)

(a) Notwithstanding the provisions of Sections 4, 5 and 6 of this Act, informed consent is not required for a health care provider or health facility to perform a test when the health care provider or health facility procures, processes, distributes or uses a human body part donated for a purpose specified under the Illinois Anatomical Gift Act, or semen provided prior to the effective date of this Act for the purpose of artificial insemination, and such a test is necessary to assure medical acceptability of such gift or semen for the purposes intended

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(410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
    Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5 and 6 of this Act, informed consent is not required for a health care provider or health facility to perform a test when the health care provider or health facility procures, processes, distributes or uses a human body part donated for a purpose specified under the Illinois Anatomical Gift Act, or semen provided prior to the effective date of this Act for the purpose of artificial insemination, and such a test is necessary to assure medical acceptability of such gift or semen for the purposes intended.
    (b) Informed consent is not required for a health care provider or health facility to perform a test when a health care provider or employee of a health facility, or a firefighter or an EMR, EMT, EMT-I, A-EMT, paramedic, or PHRN, is involved in an accidental direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment. Should such test prove to be positive, the patient and the health care provider, health facility employee, firefighter, EMR, EMT, EMT-I, A-EMT, paramedic, or PHRN shall be provided appropriate counseling consistent with this Act.
    (c) Informed consent is not required for a health care provider or health facility to perform a test when a law enforcement officer is involved in the line of duty in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment. Should such test prove to be positive, the patient shall be provided appropriate counseling consistent with this Act. For purposes of this subsection (c), "law enforcement officer" means any person employed by the State, a county or a municipality as a policeman, peace officer, auxiliary policeman, correctional officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life.
(Source: P.A. 98-973, eff. 8-15-14.)

    
Notes of Decisions
Cited in 3 cases, 1993–2000 · leading case: Doe v. Burgos, 638 N.E.2d 701 (Ill. App. Ct. 1994).
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Doe v. Burgos, 638 N.E.2d 701 (Ill. App. Ct. 1994). · cites it 2× “The medical director of IDOC testified that 95% of persons test positive for HIV antibodies within three months of transmission and at least 99% of persons test positive within six months of transmission.”
Connor v. Foster, 833 F. Supp. 727 (N.D. Ill. 1993). “” 410 ILCS 305/7(c) (1992). Connor admits that he is a drug user and that Doe stuck himself on the hypodermic needle Con-nor had used to inject drugs intravenously into his system shortly before the investigators took him into custody.”
Bitner v. Pekin Mem'l Hosp., 741 N.E.2d 1075 (Ill. App. Ct. 2000). “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). Section 9, which controls disclosure under the Act, reflects this difference in…”
— 410 ILCS 305/7(c) — 3 cases
Doe v. Burgos, 638 N.E.2d 701 (Ill. App. Ct. 1994). “The medical director of IDOC testified that 95% of persons test positive for HIV antibodies within three months of transmission and at least 99% of persons test positive within six months of transmission.”
Connor v. Foster, 833 F. Supp. 727 (N.D. Ill. 1993). “” 410 ILCS 305/7(c) (1992). Connor admits that he is a drug user and that Doe stuck himself on the hypodermic needle Con-nor had used to inject drugs intravenously into his system shortly before the investigators took him into custody.”
Bitner v. Pekin Mem'l Hosp., 741 N.E.2d 1075 (Ill. App. Ct. 2000). “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). Section 9, which controls disclosure under the Act, reflects this difference in…”
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