Feigenholtz bill to protect students’ HIV confidentiality passes key vote

Photo by jasonsmith.com
Illinois state Rep. Sara Feigenholtz

 

By Matt Simonette
Staff writer

The Illinois House Human Services Committee last week approved legislation that would repeal a law requiring health departments to notify school principals if a student tests positive for HIV.

The bill, sponsored by state Rep. Sara Feigenholtz (D-Chicago) was passed 7-1 Feb. 21.

“I think people understand that the confidential status of HIV testing needs to be respected,” Feigenholtz said. “They want to do everything they can to get kids tested.”

Under Illinois law, when a student tests positive for HIV, the state or local department of health must notify the student’s school principal. The principal, in turn, must notify the school district superintendent, and, if necessary, may notify the school nurse.

The law was sponsored by Rep. Penny Pullen (R-Park Ridge) and signed into law by Gov. James Thompson in the late 1980s. It additionally allows a principal to notify anyone they deem necessary that an HIV-positive student is enrolled in the school, so long as the student’s identity is kept secret.

“I’ll give the sponsor of the original bill the benefit of the doubt, that it originated with the best intentions,” Feigenholtz said. But she added that it was now time to “start dropping as many barriers as possible” from anyone wanting to learn their HIV status.

“I’m optimistic that this bill will make it to the governor’s desk,” Feigenholtz said.

Illinois is one of five states that mandate disclosure to any school official, and the only one mandating disclosure to principals.