AIDS Foundation of Chicago Applauds Passage
of Landmark HIV Testing Bill

SPRINGFIELD, IL — In an overwhelming show of support for expansion of voluntary testing that does not sacrifice patients rights, the Illinois House voted yesterday 114 – 0 to approve a bill that preserves informed consent to testing and pre-test counseling.

“With leadership from Rep. Ford, IDPH, and other important stakeholders, Illinois will advance a new paradigm for HIV testing that not only streamlines testing but also ensures testing remains informed, ethical, and grounded in the bedrock tenets of patients’ rights,” said AFC Executive Director Mark Ishaug.

The bill, sponsored by State Representative LaShawn K. Ford (D-Chicago), originally contained language that would have eliminated patient rights provisions, but was amended after a meeting with the Illinois Department of Public Health (IPDH) and several other groups, including the AIDS Foundation of Chicago. The compromise preserves important patient protections—including testing only with informed consent and critical pre-test information as well as the right to refuse testing—while fulfilling the U.S. Centers for Disease Control and Prevention’s call for streamlined, routine HIV testing. The bill allows patients to verbally consent to HIV testing. Previously, providers could test patients for HIV only with written consent.

Ann Hilton Fisher, executive director of the AIDS Legal Council of Chicago (ALCC), a participant in the discussions that led to the new proposal, said: “No one should be tested for HIV without their understanding and consent. This compromise ensures that patients, not their doctors, will continue to make their own decisions about HIV testing.”

The bill also imposes increased financial damages for violations of the AIDS Confidentiality Act and includes provisions to support statewide training and technical assistance for clinicians, which will be instrumental in persuading healthcare providers statewide to offer HIV testing more readily as a part of routine medical care.

“The passage of this bill shows that lawmakers are committed to helping Illinoisans unaware of their HIV-status receive the education, testing, and services they need to improve their lives,” said David Ernesto Munar, AFC associate director.

The bill will be heard in the Senate shortly.

HIV Testing Policy Info