What is the Illinois Perinatal HIV Prevention Act?
The Perinatal HIV Prevention Act (410 ILCS 335/) aims to eliminate perinatal HIV transmission and serves as the legal basis for rapid HIV testing in Illinois. It was first passed in August 2003 as Public Act 93-566 and was amended in 2006 and 2007. The law was most recently amended in August 2017 by Public Act 100-0265 and mandates the following:
- Standardized and mandated counseling of all pregnant people.
- Opt-out HIV testing as early in pregnancy as possible.
- Repeat opt-out HIV testing during the third trimester, ideally by the 36th week of pregnancy (August 2017 amendment).
- Opt-out rapid HIV testing be offered on labor and delivery to people without a documented HIV test from the third trimester of the current pregnancy (August 2017 amendment).
- Mandatory rapid HIV testing of newborns to determine HIV-exposure if there is no documentation of maternal HIV testing during the third trimester of pregnancy or at delivery (June 2006/August 2017 amendments).
- Reporting of all preliminary positive rapid HIV tests on birthing parents and infants within 12 hours, but no later than 24 hours, of the test result to the 24/7 Illinois Perinatal HIV Hotline at 1-800-439-4079 to ensure medical consultation and linkage to case management (June 2006/August 2017 amendments).
- Documentation of HIV test results in prenatal, labor and delivery, and newborn pediatric charts.
- Hospitals submit monthly aggregate statistics that include the number of people who present with known positive HIV status, the number of pregnant people rapidly tested for HIV in L&D, the number of newborn infants rapidly tested for HIV, the number of preliminarily positive pregnant people and preliminarily HIV-exposed newborn infants identified and other information determined necessary.
- Hospitals report cases of perinatal HIV exposure of newborns.