Legal Considerations

What are the legal considerations you need to know before you start implementing routine HIV testing in Illinois? This section contains resources that discuss the legal issues that should be considered before implementing HIV testing, particularly in the state of Illinois. Many of the tools in this section were developed through MATEC’s collaborative relationship with AIDS Legal Council of Chicago.

Legal considerations

Downloadable Resources
(Please right-click to download each resource.)

  1.  HIV Legal Issues in Illinois (ALCC, MATEC, IDPH, 2012)
    These slides were presented during a June 2012 webinar hosted by MATEC, IDPH and Ann Hilton Fisher of the AIDS Legal Council of Chicago. In it, Ms. Fisher details the current Illinois state laws regarding testing, confidentiality and criminal transmission, including some recent changes to the law. See also the posted full webinar in this section.
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  2. Legal Organizations in Illinois (MATEC-IL 2012)
    This is a list of some of the legal resources available in Illinois. All HIV testing sites should establish cooperation with a local legal resource. The AIDS Legal Council of Chicago can assist you in starting this cooperation. It also has a toll free number in Illinois to answer any questions concerning HIV testing and the law.
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  3. Illinois HIV Testing Law for Clinicians (ACLU, AFC, ALCC, PACPI, 2012)
    This Fact Sheet highlights the important issues of consent, documentation and legal requirements for testing in compliance with the 2008 changes in the Illinois law. It is very important to read and understand this document before testing.
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  4. Revised Recommendations (CDC, 2007)
    See especially questions 16, 19 & 26. This document provides general background and recommendations about HIV Testing. “In summary, implementing these recommendations will allow people to know their HIV status, get into treatment earlier, and prevent new infections.”
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  5. Community Health Center (CDC, 2011)
    More and more community health centers (CHCs) are providing HIV testing. CHCs are important places to offer HIV testing because the patients who receive medical care there are often members of groups that may be at high risk of HIV infection.
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  6. AIDS Confidentiality Act IL (ALCC, 2008)
    In 1984, ACLU staff served on an Illinois’ AIDS Interdisciplinary Council and acted as a primary author of the original Illinois AIDS Confidentiality Act, the first law in the country to expressly protect the rights of individuals with HIV. It has evolved over the years to this current version which continues to protect the rights of people living with HIV, and incorporates current CDC HIV testing guidelines.
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  7. Amended Criminal Transmission (ALCC, 2012)
    The proposed amendments of this law are already being talked about nationally. It uses common sense and definitions in the determination of criminalization as it pertains to the transmission of HIV.
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