ILCS » Chapter 410 · Act 305
Illinois Compiled Statutes

410 ILCS 305/9 (2026)

(1) No person may disclose or be compelled to disclose HIV-related information, except to the following persons:         (a) The subject of an HIV test or the subject's     legally authorized representative

✓ current as of May 2026
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(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
    Sec. 9. (1) No person may disclose or be compelled to disclose HIV-related information, except to the following persons:
        (a) The subject of an HIV test or the subject's
    
legally authorized representative. A physician may notify the spouse or civil union partner of the test subject, if the test result is positive and has been confirmed pursuant to rules adopted by the Department, provided that the physician has first sought unsuccessfully to persuade the patient to notify the spouse or civil union partner or that, a reasonable time after the patient has agreed to make the notification, the physician has reason to believe that the patient has not provided the notification. This paragraph shall not create a duty or obligation under which a physician must notify the spouse or civil union partner of the test results, nor shall such duty or obligation be implied. No civil liability or criminal sanction under this Act shall be imposed for any disclosure or non-disclosure of a test result to a spouse or civil union partner by a physician acting in good faith under this paragraph. For the purpose of any proceedings, civil or criminal, the good faith of any physician acting under this paragraph shall be presumed.
        (b) Any person designated in a legally effective
    
authorization for release of the HIV-related information executed by the subject of the HIV-related information or the subject's legally authorized representative.
        (c) An authorized agent or employee of a health
    
facility or health care provider if the health facility or health care provider itself is authorized to obtain the test results, the agent or employee provides patient care or handles or processes specimens of body fluids or tissues, and the agent or employee has a need to know such information.
        (d) The Department and local health authorities
    
serving a population of over 1,000,000 residents or other local health authorities as designated by the Department, in accordance with rules for reporting, preventing, and controlling the spread of disease and the conduct of public health surveillance, public health investigations, and public health interventions, as otherwise provided by State law. The Department, local health authorities, and authorized representatives shall not disclose HIV test results and HIV-related information, publicly or in any action of any kind in any court or before any tribunal, board, or agency. HIV test results and HIV-related information shall be protected from disclosure in accordance with the provisions of Sections 8-2101 through 8-2105 of the Code of Civil Procedure.
        (e) A health facility, health care provider, or
    
health care professional which procures, processes, distributes or uses: (i) a human body part from a deceased person with respect to medical information regarding that person; or (ii) semen provided prior to the effective date of this Act for the purpose of artificial insemination.
        (f) Health facility staff committees for the purposes
    
of conducting program monitoring, program evaluation or service reviews.
        (f-5) (Blank).
        (g) (Blank).
        (h) Any health care provider, health care
    
professional, or employee of a health facility, and any firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I, 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.
        (i) Any law enforcement officer, as defined in
    
subsection (c) of Section 7, 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.
        (j) A temporary caretaker of a child taken into
    
temporary protective custody by the Department of Children and Family Services pursuant to Section 5 of the Abused and Neglected Child Reporting Act, as now or hereafter amended.
        (k) In the case of a minor under 18 years of age
    
whose test result is positive and has been confirmed pursuant to rules adopted by the Department, the health care professional who ordered the test shall make a reasonable effort to notify the minor's parent or legal guardian if, in the professional judgment of the health care professional, notification would be in the best interest of the child and the health care professional has first sought unsuccessfully to persuade the minor to notify the parent or legal guardian or a reasonable time after the minor has agreed to notify the parent or legal guardian, the health care professional has reason to believe that the minor has not made the notification. This subsection shall not create a duty or obligation under which a health care professional must notify the minor's parent or legal guardian of the test results, nor shall a duty or obligation be implied. No civil liability or criminal sanction under this Act shall be imposed for any notification or non-notification of a minor's test result by a health care professional acting in good faith under this subsection. For the purpose of any proceeding, civil or criminal, the good faith of any health care professional acting under this subsection shall be presumed.
    (2) All information and records held by a State agency, local health authority, or health oversight agency pertaining to HIV-related information shall be strictly confidential and exempt from copying and inspection under the Freedom of Information Act. The information and records shall not be released or made public by the State agency, local health authority, or health oversight agency, shall not be admissible as evidence nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person, and shall be treated in the same manner as the information and those records subject to the provisions of Part 21 of Article VIII of the Code of Civil Procedure, except under the following circumstances:
        (A) when made with the written consent of all persons
    
to whom the information pertains; or
        (B) when authorized by Section 5-4-3 of the Unified
    
Code of Corrections.
    Disclosure shall be limited to those who have a need to know the information, and no additional disclosures may be made.
(Source: P.A. 102-168, eff. 7-27-21.)

    
Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1997–2023 · leading case: In Re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998).
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In Re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). · cites it 6× “" 410 ILCS 305/9 (West 1996). The Act's definition of a "person" includes a "natural person" (410 ILCS 305/3(h) (West 1996)), and the Act defines a "test" as "a test to determine the presence of the antibody or antigen to HIV, or of HIV infection" (410 ILCS 305/3(g) (West 1996)).”
Doe v. Dilling, 888 N.E.2d 24 (Ill. 2008). · cites it 2× “Amicus underscores that allowing civil liability based upon a common law cause of action for allegedly fraudulent misrepresentation of another person's HIV status would be at odds with the provisions of the Confidentiality Act, which guarantee the confidentiality of a person's…”
Doe v. Chand, 781 N.E.2d 340 (Ill. App. Ct. 2002). · cites it 2× “410 ILCS 305/9 (West 1998). No such broad right exists at common law for a person submitting to an HIV test.”
Glasco v. Marony, 808 N.E.2d 1107 (Ill. App. Ct. 2004). · cites it 2× “The plaintiff constructively admitted that she changed the negative test results of her test to reflect positive test results and that she or her husband mailed the altered HIV test results to Dr.”
Doe v. Dilling, 861 N.E.2d 1052 (Ill. App. Ct. 2006). “We note that the Council would have us predicate our decision upon the proscriptions of the Confidentiality Act, which provides, in pertinent part, that with the exception of health care providers or public health representatives: “No person may disclose or be compelled to…”
Doe v. Noe, 690 N.E.2d 1012 (Ill. App. Ct. 1997). “410 ILCS 305/9 (West 1992). As we found in the previous count alleging intentional infliction of emotional distress (count X), there is no independent duty on the part of the Hospital, Partner or Corporation to know the HIV status of Surgeon.”
In re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). · cites it 3× “” 410 ILCS 305/9 (West 1996). The Act’s definition of a “person” includes a “natural person” (410 ILCS 305/3(h) (West 1996)), and the Act defines a “test” as “a test to determine the presence of the antibody or antigen to HIV, or of HIV infection” (410 ILCS 305/3(g) (West 1996)).”
Sierakowski, Donald v. Ryan, James E., 223 F.3d 440 (7th Cir. 2000). · cites it 2× “This Illinois Aids Confidentiality Act also generally forbids disclosure of “the identity of any person upon whom a test is performed, or the results of such a test in a manner which permits identification of the subject of the test,” 410 ILCS 305/9, but allows such disclosure…”
Pettigrew v. Putterman, 771 N.E.2d 1008 (Ill. App. Ct. 2002). “410 ILCS 305/9 (West 2000). 2 The screening test utilized in the instant case is known as the “Enzyme-linked Immunosorbent Assay” (ELISA).”
Donald J. Sierakowski v. James E. Ryan, Attorney Gen. of the State of Illinois, in His Off. Capacity, & John R. Lumpkin, Dir. of the Illinois Dep't of Pub. Health, in His Off. Capacity, 223 F.3d 440 (7th Cir. 2000). “410 ILCS 305/9(d). The Illinois Sexually Transmissible Disease Control Act requires that laboratories performing HIV tests report any positive results to the Illinois Department of Public Health within two weeks of the test.”
Brooks v. Kim (N.D. Ill. 2023). “Brooks also asserts a claim against Wellpath—on a theory of respondeat superior—under Illinois' AIDS Confidentiality Act, 410 ILCS 305/9 (count 3). The defendants have moved for summary judgment on all of Brooks's claims.”
Doe v. Dilling (Ill. 2008). “Amicus underscores that allowing civil liability based upon a common law cause of action for allegedly fraudulent misrepresentation of another person’s HIV status would be at odds with the provisions of the Confidentiality Act, which guarantee the confidentiality of a person’s…”
Show all 16 citing cases →
— 410 ILCS 305/9(a) — 2 cases
In Re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). “" 410 ILCS 305/9 (West 1996). The Act's definition of a "person" includes a "natural person" (410 ILCS 305/3(h) (West 1996)), and the Act defines a "test" as "a test to determine the presence of the antibody or antigen to HIV, or of HIV infection" (410 ILCS 305/3(g) (West 1996)).”
In re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). “” 410 ILCS 305/9 (West 1996). The Act’s definition of a “person” includes a “natural person” (410 ILCS 305/3(h) (West 1996)), and the Act defines a “test” as “a test to determine the presence of the antibody or antigen to HIV, or of HIV infection” (410 ILCS 305/3(g) (West 1996)).”
— 410 ILCS 305/9(d) — 4 cases
In Re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). “" 410 ILCS 305/9 (West 1996). The Act's definition of a "person" includes a "natural person" (410 ILCS 305/3(h) (West 1996)), and the Act defines a "test" as "a test to determine the presence of the antibody or antigen to HIV, or of HIV infection" (410 ILCS 305/3(g) (West 1996)).”
Sierakowski, Donald v. Ryan, James E., 223 F.3d 440 (7th Cir. 2000). “This Illinois Aids Confidentiality Act also generally forbids disclosure of “the identity of any person upon whom a test is performed, or the results of such a test in a manner which permits identification of the subject of the test,” 410 ILCS 305/9, but allows such disclosure…”
In re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). “” 410 ILCS 305/9 (West 1996). The Act’s definition of a “person” includes a “natural person” (410 ILCS 305/3(h) (West 1996)), and the Act defines a “test” as “a test to determine the presence of the antibody or antigen to HIV, or of HIV infection” (410 ILCS 305/3(g) (West 1996)).”
Donald J. Sierakowski v. James E. Ryan, Attorney Gen. of the State of Illinois, in His Off. Capacity, & John R. Lumpkin, Dir. of the Illinois Dep't of Pub. Health, in His Off. Capacity, 223 F.3d 440 (7th Cir. 2000). “410 ILCS 305/9(d). The Illinois Sexually Transmissible Disease Control Act requires that laboratories performing HIV tests report any positive results to the Illinois Department of Public Health within two weeks of the test.”
— 410 ILCS 305/9(g) — 1 case
In Re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998). “" 410 ILCS 305/9 (West 1996). The Act's definition of a "person" includes a "natural person" (410 ILCS 305/3(h) (West 1996)), and the Act defines a "test" as "a test to determine the presence of the antibody or antigen to HIV, or of HIV infection" (410 ILCS 305/3(g) (West 1996)).”
— 410 ILCS 305/9(i) — 1 case
Bitner v. Pekin Mem'l Hosp., 741 N.E.2d 1075 (Ill. App. Ct. 2000).
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