Sec. 30. Disclosure of person tested and test results.

783 words·~4 min read·/il/chapter-410/act-513/30

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No person may disclose or be compelled to disclose the identity of any person upon whom a genetic test is performed or the results of a genetic test in a manner that permits identification of the subject of the test, except to the following persons:

(1)The subject of the test or the subject's legally authorized representative. This

paragraph does not create a duty or obligation under which a health care provider must notify the subject's spouse or legal guardian of the test results, and no such duty or obligation shall be implied. No civil liability or criminal sanction under this Act shall be imposed for any disclosure or nondisclosure of a test result to a spouse 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.

(2)Any person designated in a specific written legally effective authorization for

release of the test results executed by the subject of the test or the subject's legally authorized representative.

(3)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, and the agent or employee has a need to know the information in order to conduct the tests or provide care or treatment.

(4)A health facility, health care provider, or health care professional that procures,

processes, distributes, or uses:

(A)a human body part from a deceased person with respect to medical information

regarding that person; or

(B)semen provided prior to the effective date of this Act for the purpose of

artificial insemination.

(5)Health facility staff committees for the purposes of conducting program monitoring,

program evaluation, or service reviews.

(6)In the case of a minor under 18 years of age, the health care provider, health care

professional, or health facility 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 provider, health care professional, or health facility, notification would be in the best interest of the minor and the health care provider, health care professional, or health facility has first sought unsuccessfully to persuade the minor to notify the parent or legal guardian or after a reasonable time after the minor has agreed to notify the parent or legal guardian, the health care provider, health care professional, or health facility has reason to believe that the minor has not made the notification.

This paragraph shall not create a duty or obligation under which a health care provider, health care professional, or health facility 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 provider, health care professional, or health facility acting in good faith under this paragraph.

For the purpose of any proceeding, civil or criminal, the good faith of any health care provider, health care professional, or health facility acting under this paragraph shall be presumed.

(b)All information and records held by a State agency, local health authority, or health oversight agency pertaining to genetic 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 and 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;

(B)when authorized by Section 5-4-3 of the Unified Code of Corrections;

(C)when made for the sole purpose of implementing the Newborn Metabolic Screening

Act and rules; or

(D)when made under the authorization of the Illinois Parentage Act of 2015.

Disclosure shall be limited to those who have a need to know the information, and no additional disclosures may be made.

(c)Disclosure by an insurer in accordance with the requirements of the Article XL of the Illinois Insurance Code shall be deemed compliance with this Section.