410 ILCS 305/8
Notwithstanding the provisions of Sections 4 and 5 of this Act, informed consent and pre-test information are not required for the performance of an HIV test: (a) for the purpose of research, if the testing is performed in such a way that the identity of the test subject is not known and may not be retrieved by the researcher, and in such a way that the test subject is not informed of the results of the testing, or (b) when in the judgment of the physician, such testing is medically indicated to provide appropriate diagnosis and treatment to the subject of the test, provided that the subject of the test has otherwise provided his or her consent to such physician for medical treatment
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(410 ILCS 305/8)
(from Ch. 111 1/2, par. 7308)
Sec. 8. Notwithstanding the provisions of Sections 4 and 5 of this Act,
informed consent and pre-test
information are not required for the
performance of an HIV test: (a)
for the purpose of research, if the testing is performed in such a way that
the identity of the test subject is not known and may not be retrieved by
the researcher, and in such a way that the test subject is not informed of
the results of the testing, or (b) when in the judgment of the physician,
such testing is medically indicated to provide appropriate diagnosis and
treatment to the subject of the test, provided that the subject of the test
has otherwise provided his or her consent to such physician for medical treatment.
(Source: P.A. 95-7, eff. 6-1-08.)
Notes of Decisions
Cited in 1
case, 2000–2000 · leading case: Sierakowski, Donald v. Ryan, James E.
Sierakowski, Donald v. Ryan, James E. (2000)
“” 410 ILCS 305/8(b). There is no policy mandating testing, but instead section 8(b) leaves that decision in the hands of individual physicians, to be made on a case-by-case basis.”
— 410 ILCS 305/8(b) — 1 case
Sierakowski, Donald v. Ryan, James E. (2000)
“” 410 ILCS 305/8(b). There is no policy mandating testing, but instead section 8(b) leaves that decision in the hands of individual physicians, to be made on a case-by-case basis.”
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