Section 545.65  Transfer of Alleged Sexual Assault Survivors

a)         All transfers shall conform to the requirements of the federal Emergency Medical Treatment and Active Labor Act.  

b)         Alleged sexual assault survivors may be transferred to another hospital, in accordance with the requirements of this Section, as part of a community or areawide plan.

c)         The hospital shall provide an appropriate medical screening examination and necessary stabilizing treatment prior to transfer of the patient.  If a patient has an emergency medical condition that has not stabilized, the requirements of the federal Emergency Medical Treatment and Active Labor Act shall be met.

d)         All unauthorized personnel, including law enforcement personnel, shall remain outside the examination room during the medical examination.  If a patient who is in the custody of law enforcement officers exhibits behavior that may cause physical harm to herself/himself or hospital staff, the staff shall request that law enforcement officers be posted outside the treatment room door.

e)         A member of the health care team shall respond within minutes to ensure privacy, shall refer to such patients by code to avoid embarrassment, and shall offer a private room if a short wait is unavoidable.

f)          The alleged sexual assault survivor shall be given a tactful and humane explanation concerning the reason for the referral to another hospital for treatment.

g)         The emergency department personnel shall notify the receiving hospital of the referral of the alleged sexual assault survivor.

h)         The receiving treatment facility shall:

1)         Have the available space and qualified personnel for the treatment of the alleged sexual assault survivor; and

2)         Agree to accept the transfer of the alleged sexual assault survivor and to provide appropriate medical treatment.

i)          An emergency department record shall be completed and a copy transported with the patient to the receiving treatment facility.  This record shall include:

1)         A completed emergency department admission form;

2)         Physicians' findings, if any;

3)         Nurses' notes;

4)         The name and relationship to the patient, if known, of any person present during an examination conducted pursuant to this Section;

5)         Observations of signs and symptoms and the presence of any trauma or injury (e.g., cuts, scratches, bruises, red marks, and broken bones), if any examination was conducted or treatment rendered pursuant to subsection (a) of this Section; and

6)         The results of any tests.

j)          The emergency department record shall not reflect any conclusions regarding whether a crime (e.g., criminal sexual assault, criminal sexual abuse) occurred. 

k)         The hospital shall maintain a chain of custody in the handling of the alleged sexual assault survivor and his or her clothing.

1)         The hospital shall handle the patient and clothing as minimally as possible.

2)         The hospital shall not attempt to obtain any specimens for evidentiary purposes (e.g., blood, saliva, hair samples, etc.).

3)         If it is necessary to remove any clothing in order to render emergency services as described in subsection (a) of this Section, removal should be attempted without cutting, tearing or shaking the garments.

4)         All loose or removed articles of clothing or other possessions of the patient shall be left to dry if possible, placed in separate paper bags, and then placed in one larger paper bag.  The bag shall be sealed and labeled with the patient's name, the names of the health care personnel in attendance, the contents, the date, and the time collected.  The bag shall be transported with the patient to the receiving treatment facility.

l)          If the alleged sexual assault survivor was brought to the transfer facility by the police, a friend, or family member, and has no life-threatening conditions, the survivor may be transported by the police or by the friend or family member to a treatment facility, with the consent of the survivor.  All other transfers shall be by ambulance.

m)        A transfer facility shall transport or refer an alleged sexual assault survivor only to a treatment facility designated in its approved transfer plan.

n)         The hospital shall offer to call a friend, family member or rape crisis advocate to accompany the patient.

o)         The hospital shall take all reasonable steps to secure the alleged sexual assault survivor's written informed consent to refuse a transfer to another facility.

p)         The hospital shall comply with the Emergency Medical Treatment Act [210 ILCS 70], COBRA requirements (26 USC 4980B), and the federal Emergency Medical Treatment and Active Labor Act.

(Source:  Amended at 27 Ill. Reg. 1567, effective January 15, 2003)