Agencies Support Release of Preliminary HIV Test Results During Labor/Delivery and in Instances of Occupational Exposure

December 19, 2003

Conny Moody
Illinois Department of Public Health
525 W. Jefferson, 2nd floor
Springfield, Illinois 62761

Dear Ms. Moody:

The AIDS Foundation of Chicago and the undersigned organizations would like to express our strong support for proposed rules to the HIV/AIDS Confidentiality and Testing Code that were published on November 7, 2003. The code citation for these rules is 77 Ill. Adm. Code 697. The changes made with these rules are an important step in increasing our ability to prevent HIV transmission from mother to child and through occupational exposure.

The FDA approval of new rapid HIV testing technology has created a unique opportunity to implement HIV prevention measures in labor and delivery and after an occupational exposure. In these settings, allowing the release of preliminary HIV test results, and thus facilitating immediate intervention, will afford a new opportunity to prevent infection from occurring. We also are pleased with language that clarifies the definition of "medically indicated," which provides clear guidance to physicians on when they can and cannot perform and HIV test without receiving informed consent. We also appreciate the proposed rules' careful delineation of when, and to whom, these preliminary unconfirmed results may be released.

We also want to acknowledge and applaud the Illinois Department of Public Health for convening a group of community-based organizations to assist in the crafting of this new rule. By soliciting input from providers who will be charged with implementing this change, the Department can be confident that the new language is appropriate to the settings addressed and has ensured a smooth transition into the new protocol.

Again, the Department has our strong support for these new rules, and we look forward to working with you as they are implemented.

Sincerely,

Mark Ishaug, Executive Director
AIDS Foundation of Chicago

Ann Hilton Fisher, Executive Director
AIDS Legal Council of Chicago

Catherine Christeller, Executive Director
Chicago Women's AIDS Project

Ram Yogev, MD, Director
Section of Pediatric, Adolescent and Maternal HIV Infection, Children's Memorial Hospital
Professor of Pediatrics, Northwestern University

Linda S. Coon, Project Director
Families' and Children's AIDS Network

Julie E. Justicz, Director of Advocacy
Health & Disability Advocates

Matthew C. Atwood, Executive Director
Illinois Drug Education And Legislative [IDEAL] Reform

Heather C. Sawyer, Senior Staff Attorney
Lambda Legal

Pat Garcia, MD,MPH, Executive Director
Pediatric AIDS Chicago Prevention Initiative

Charles Clifton, Executive Director
Test Positive Aware Network