Ill. Admin. Code tit. 77, § 693.110 - Examination and Treatment of Prisoners
a A local health department or the Department
may enter any State, county or municipal detention facility located within its
jurisdiction for the purpose of interviewing, examining, testing or treating
any prisoner, detainee or parolee known to have or suspected of having an STI.
A detention facility shall cooperate with the local health department or the
Department and provide the space necessary for interviewing, examining, testing
or treating any prisoner, detainee or parolee known or suspected of having an
STI.
b Interviewing, examination,
testing or treatment shall be voluntary on the part of the prisoner, detainee
or parolee, unless the Department obtains a court-issued warrant pursuant to
Section 693.50 of this Part. In cases of
noncompliant behavior, the Department may also seek court-ordered isolation
pursuant to Section 693.60 of this Part.
c Any health care professional attending or
examining prisoners, detainees or parolees at detention facilities shall follow
the reporting requirements of Section
693.30 of this Part, except that
reporting to the local health department or Department, where applicable, shall
be made within seven days after diagnosing or treating a reportable STI. The
superintendent or other administrator of the detention facility shall provide
the health care professional with all reportable information required by the
report form or this Part to ensure that a complete report is filed with the
appropriate health authority.
d
Nothing in this Section shall be construed as relieving the Department of
Corrections or any county or municipality of their primary responsibility for
providing medical services for prisoners under their jurisdiction, including
treatment for STIs. (Section 9(b) of the Act)
e Subsections (a) and (b) do not apply to any
examination, testing or treatment performed pursuant to Section 5-5-3(g) or (h)
of the Unified Code of Corrections. Section 5-5-3 of the Unified Code of
Corrections requires HIV testing of defendants convicted under Sections 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, or Section 1 or 2
of the Hypodermic Syringes and Needles Act.
Notes
Amended at 37 Ill. Reg. 8762, effective June 12, 2013
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