State Rep. proposes required HIV testing for infants, moms

By Jonathan Benish

The fight against AIDS is at another juncture in Illinois. State Rep. Mary E. Flowers (D-Chicago) proposed HB 4306, which will modify the system of HIV testing from one based solely on volunteering to one of mandatory compliance.

House Bill 4306 requires the testing of newborn infants for HIV when the HIV status of the mother is unknown and requires a positive test to be reported to an electronic surveillance system established by the Department of Public Health.

The bill was a response to problems encountered by hospitals and health care providers.

“This bill was developed by Children’s Memorial Hospital and a coalition of maternal and child health providers who claimed that it was necessary to prevent HIV/AIDS in the remaining — though small — number of mothers and newborns whose HIV/AIDS infection status is unknown,” said Kish Broomfield, press secretary for Flowers.

“As some witnesses indicated, saving a newborn’s life was worth the additional risk to the confidentiality of patient health care,” she said.

However, in instances of religious and serious moral objections, the legislature is working provisions into the bill to allow for some flexibility.

“Language is being deleted from the existing law that provided an expressed right of refusal. The bill includes a provision that permits objection on religious grounds and experience indicates there is no real test of the validity of anyone’s attestation to that effect — this is a “fail safe” for anyone who simply wants to refuse,” Broomfield said.

Despite the controversies surrounding it, some people still feel the bill is necessary.

“Although there is the issue of privacy and the right to refuse, this is an opportunity to identify and care for people and babies who do not yet know they have HIV,” said David M. Roesler, executive director of the Open Door Clinic.

Still, there are aspects of this legislature that are difficult to implement, but some local hospital employees feel confident they could successfully execute this legislation.

“I understand there may be concerns about the public reporting aspects of the legislation and confidentiality issues. We will do what the law requires,” said Sharon Emanuelson, marketing and public relations director for Kishwaukee Health System.

There are instances where programs designed to treat HIV are expensive and can cause debt for governmental agencies.

Along with the fact that treating HIV positive babies is the humane thing to do, the cost of treating HIV will soon be cheaper and fiscally responsible, said State Rep. Robert Pritchard (R-Hinckley).