Full Text of HB3038 101st General Assembly
HB3038ham001 101ST GENERAL ASSEMBLY | Rep. Michael D. Unes Filed: 3/25/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3038
| 2 | | AMENDMENT NO. ______. Amend House Bill 3038 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Sexual Assault Survivors Emergency | 5 | | Treatment Act is amended by changing Section 2 as follows:
| 6 | | (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
| 7 | | Sec. 2. Hospital and approved pediatric health care | 8 | | facility requirements for sexual assault plans.
| 9 | | (a) Every hospital
required to be licensed by the | 10 | | Department pursuant to
the Hospital Licensing Act, or operated | 11 | | under the University of Illinois Hospital Act that provides | 12 | | general medical and surgical hospital services
shall provide | 13 | | either (i) transfer services to all sexual assault survivors, | 14 | | (ii) medical forensic services to all sexual assault survivors, | 15 | | or (iii) transfer services to pediatric sexual assault | 16 | | survivors and medical forensic services to sexual assault |
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| 1 | | survivors 13 years old or older, in accordance with rules | 2 | | adopted by the Department.
| 3 | | In addition, every such hospital, regardless of whether or | 4 | | not a request
is made for reimbursement, shall submit
to the | 5 | | Department a plan to provide either (i) transfer services to | 6 | | all sexual assault survivors, (ii) medical forensic services to | 7 | | all sexual assault survivors, or (iii) transfer services to | 8 | | pediatric sexual assault survivors and medical forensic | 9 | | services to sexual assault survivors 13 years old or older.
The
| 10 | | Department shall approve such plan for
either (i) transfer | 11 | | services to all sexual assault survivors, (ii) medical forensic | 12 | | services
to all sexual assault survivors, or (iii) transfer | 13 | | services to pediatric sexual assault survivors and medical | 14 | | forensic services to sexual assault survivors 13 years old or | 15 | | older, if it finds that the implementation of
the proposed plan | 16 | | would provide (i) transfer services or (ii) medical forensic | 17 | | services for
sexual assault survivors in accordance with the | 18 | | requirements of this Act and provide sufficient protections | 19 | | from the
risk of pregnancy to
sexual assault survivors. | 20 | | Notwithstanding anything to the contrary in this paragraph, the | 21 | | Department may approve a sexual assault transfer plan for the | 22 | | provision of medical forensic services until January 1, 2022 | 23 | | if: | 24 | | (1) a treatment hospital with approved pediatric | 25 | | transfer has agreed, as part of an areawide treatment plan, | 26 | | to accept sexual assault survivors 13 years of age or older |
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| 1 | | from the proposed transfer hospital, if the treatment | 2 | | hospital with approved pediatric transfer is | 3 | | geographically closer to the transfer hospital than a | 4 | | treatment hospital or another treatment hospital with | 5 | | approved pediatric transfer and such transfer is not unduly | 6 | | burdensome on the sexual assault survivor; and | 7 | | (2) a treatment hospital has agreed, as a part of an | 8 | | areawide treatment plan, to accept sexual assault | 9 | | survivors under 13 years of age from the proposed transfer | 10 | | hospital and transfer to the treatment hospital would not | 11 | | unduly burden the sexual assault survivor.
| 12 | | The Department may not approve a sexual assault transfer | 13 | | plan unless a treatment hospital has agreed, as a part of an | 14 | | areawide treatment plan, to accept sexual assault survivors | 15 | | from the proposed transfer hospital and a transfer to the | 16 | | treatment hospital would not unduly burden the sexual assault | 17 | | survivor. | 18 | | In counties with a population of less than 1,000,000, the | 19 | | Department may not approve a sexual assault transfer plan for a | 20 | | hospital located within a 20-mile radius of a 4-year public | 21 | | university, not including community colleges, unless there is a | 22 | | treatment hospital with a sexual assault treatment plan | 23 | | approved by the Department within a 20-mile radius of the | 24 | | 4-year public university. | 25 | | A transfer must be in accordance with federal and State | 26 | | laws and local ordinances. |
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| 1 | | A treatment hospital with approved pediatric transfer must | 2 | | submit an areawide treatment plan under Section 3 of this Act | 3 | | that includes a written agreement with a treatment hospital | 4 | | stating that the treatment hospital will provide medical | 5 | | forensic services to pediatric sexual assault survivors | 6 | | transferred from the treatment hospital with approved | 7 | | pediatric transfer. The areawide treatment plan may also | 8 | | include an approved pediatric health care facility. | 9 | | A transfer hospital must submit an areawide treatment plan | 10 | | under Section 3 of this Act that includes a written agreement | 11 | | with a treatment hospital stating that the treatment hospital | 12 | | will provide medical forensic services to all sexual assault | 13 | | survivors transferred from the transfer hospital. The areawide | 14 | | treatment plan may also include an approved pediatric health | 15 | | care facility. Notwithstanding anything to the contrary in this | 16 | | paragraph, until January 1, 2022, the areawide treatment plan | 17 | | may include a written agreement with a treatment hospital with | 18 | | approved pediatric transfer that is geographically closer than | 19 | | other hospitals providing medical forensic services to sexual | 20 | | assault survivors 13 years of age or older stating that the | 21 | | treatment hospital with approved pediatric transfer will | 22 | | provide medical services to sexual assault survivors 13 years | 23 | | of age or older who are transferred from the transfer hospital. | 24 | | If the areawide treatment plan includes a written agreement | 25 | | with a treatment hospital with approved pediatric transfer, it | 26 | | must also include a written agreement with a treatment hospital |
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| 1 | | stating that the treatment hospital will provide medical | 2 | | forensic services to sexual assault survivors under 13 years of | 3 | | age who are transferred from the transfer hospital. | 4 | | Beginning January 1, 2019, each treatment hospital and | 5 | | treatment hospital with approved pediatric transfer shall | 6 | | ensure that emergency department attending physicians, | 7 | | physician assistants, advanced practice registered nurses, and | 8 | | registered professional nurses providing clinical services, | 9 | | who do not meet the definition of a qualified medical provider | 10 | | in Section 1a of this Act, receive a minimum of 2 hours of | 11 | | sexual assault training by July 1, 2020 or until the treatment | 12 | | hospital or treatment hospital with approved pediatric | 13 | | transfer certifies to the Department, in a form and manner | 14 | | prescribed by the Department, that it employs or contracts with | 15 | | a qualified medical provider in accordance with subsection | 16 | | (a-7) of Section 5, whichever occurs first. | 17 | | After July 1, 2020 or once a treatment hospital or a | 18 | | treatment hospital with approved pediatric transfer certifies | 19 | | compliance with subsection (a-7) of Section 5, whichever occurs | 20 | | first, each treatment hospital and treatment hospital with | 21 | | approved pediatric transfer shall ensure that emergency | 22 | | department attending physicians, physician assistants, | 23 | | advanced practice registered nurses, and registered | 24 | | professional nurses providing clinical services, who do not | 25 | | meet the definition of a qualified medical provider in Section | 26 | | 1a of this Act, receive a minimum of 2 hours of continuing |
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| 1 | | education on responding to sexual assault survivors every 2 | 2 | | years. Protocols for training shall be included in the | 3 | | hospital's sexual assault treatment plan. | 4 | | Sexual assault training provided under this subsection may | 5 | | be provided in person or online and shall include, but not be | 6 | | limited to: | 7 | | (1) information provided on the provision of medical | 8 | | forensic services; | 9 | | (2) information on the use of the Illinois Sexual | 10 | | Assault Evidence Collection Kit; | 11 | | (3) information on sexual assault epidemiology, | 12 | | neurobiology of trauma, drug-facilitated sexual assault, | 13 | | child sexual abuse, and Illinois sexual assault-related | 14 | | laws; and | 15 | | (4) information on the hospital's sexual | 16 | | assault-related policies and procedures. | 17 | | The online training made available by the Office of the | 18 | | Attorney General under subsection (b) of Section 10 may be used | 19 | | to comply with this subsection. | 20 | | (b) An approved pediatric health care facility may provide | 21 | | medical forensic services, in accordance with rules adopted by | 22 | | the Department, to all pediatric sexual assault survivors who | 23 | | present for medical forensic services in relation to injuries | 24 | | or trauma resulting from a sexual assault. These services shall | 25 | | be provided by a qualified medical provider. | 26 | | A pediatric health care facility must participate in or |
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| 1 | | submit an areawide treatment plan under Section 3 of this Act | 2 | | that includes a treatment hospital. If a pediatric health care | 3 | | facility does not provide certain medical or surgical services | 4 | | that are provided by hospitals, the areawide sexual assault | 5 | | treatment plan must include a procedure for ensuring a sexual | 6 | | assault survivor in need of such medical or surgical services | 7 | | receives the services at the treatment hospital. The areawide | 8 | | treatment plan may also include a treatment hospital with | 9 | | approved pediatric transfer. | 10 | | The Department shall review a proposed sexual assault | 11 | | treatment plan submitted by a pediatric health care facility | 12 | | within 60 days after receipt of the plan. If the Department | 13 | | finds that the proposed plan meets the minimum requirements set | 14 | | forth in Section 5 of this Act and that implementation of the | 15 | | proposed plan would provide medical forensic services for | 16 | | pediatric sexual assault survivors, then the Department shall | 17 | | approve the plan. If the Department does not approve a plan, | 18 | | then the Department shall notify the pediatric health care | 19 | | facility that the proposed plan has not been approved. The | 20 | | pediatric health care facility shall have 30 days to submit a | 21 | | revised plan. The Department shall review the revised plan | 22 | | within 30 days after receipt of the plan and notify the | 23 | | pediatric health care facility whether the revised plan is | 24 | | approved or rejected. A pediatric health care facility may not | 25 | | provide medical forensic services to pediatric sexual assault | 26 | | survivors who present with a complaint of sexual assault within |
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| 1 | | a minimum of the last 7 days or who have disclosed past sexual | 2 | | assault by a specific individual and were in the care of that | 3 | | individual within a minimum of the last 7 days until the | 4 | | Department has approved a treatment plan. | 5 | | If an approved pediatric health care facility is not open | 6 | | 24 hours a day, 7 days a week, it shall post signage at each | 7 | | public entrance to its facility that: | 8 | | (1) is at least 14 inches by 14 inches in size; | 9 | | (2) directs those seeking services as follows: "If | 10 | | closed, call 911 for services or go to the closest hospital | 11 | | emergency department, (insert name) located at (insert | 12 | | address)."; | 13 | | (3) lists the approved pediatric health care | 14 | | facility's hours of operation; | 15 | | (4) lists the street address of the building; | 16 | | (5) has a black background with white bold capital | 17 | | lettering in a clear and easy to read font that is at least | 18 | | 72-point type, and with "call 911" in at least 125-point | 19 | | type; | 20 | | (6) is posted clearly and conspicuously on or adjacent | 21 | | to the door at each entrance and, if building materials | 22 | | allow, is posted internally for viewing through glass; if | 23 | | posted externally, the sign shall be made of | 24 | | weather-resistant and theft-resistant materials, | 25 | | non-removable, and adhered permanently to the building; | 26 | | and |
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| 1 | | (7) has lighting that is part of the sign itself or is | 2 | | lit with a dedicated light that fully illuminates the sign. | 3 | | A copy of the proposed sign must be submitted to the | 4 | | Department and approved as part of the approved pediatric | 5 | | health care facility's sexual assault treatment plan. | 6 | | (c) Each treatment hospital, treatment hospital with | 7 | | approved pediatric transfer, and approved pediatric health | 8 | | care facility must enter into a memorandum of understanding | 9 | | with a rape crisis center for medical advocacy services, if | 10 | | these services are available to the treatment hospital, | 11 | | treatment hospital with approved pediatric transfer, or | 12 | | approved pediatric health care facility. With the consent of | 13 | | the sexual assault survivor, a rape crisis counselor shall | 14 | | remain in the exam room during the collection for forensic | 15 | | evidence. | 16 | | (d) Every treatment hospital, treatment hospital with | 17 | | approved pediatric transfer, and approved pediatric health | 18 | | care facility's sexual assault treatment plan shall include | 19 | | procedures for complying with mandatory reporting requirements | 20 | | pursuant to (1) the Abused and Neglected Child Reporting Act; | 21 | | (2) the Abused and Neglected Long Term Care Facility Residents | 22 | | Reporting Act; (3) the Adult Protective Services Act; and (iv) | 23 | | the Criminal Identification Act. | 24 | | (e) Each treatment hospital, treatment hospital with | 25 | | approved pediatric transfer, and approved pediatric health | 26 | | care facility shall submit to the Department every 6 months, in |
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| 1 | | a manner prescribed by the Department, the following | 2 | | information: | 3 | | (1) The total number of patients who presented with a | 4 | | complaint of sexual assault. | 5 | | (2) The total number of Illinois Sexual Assault | 6 | | Evidence Collection Kits: | 7 | | (A) offered to (i) all sexual assault survivors and | 8 | | (ii) pediatric sexual assault survivors
pursuant to | 9 | | paragraph (1.5) of subsection (a-5) of Section 5; | 10 | | (B) completed for (i) all sexual assault survivors | 11 | | and (ii) pediatric sexual assault
survivors; and | 12 | | (C) declined by (i) all sexual assault survivors | 13 | | and (ii) pediatric sexual assault survivors. | 14 | | This information shall be made available on the | 15 | | Department's website.
| 16 | | (Source: P.A. 100-775, eff. 1-1-19 .)".
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