HB3038ham002 101ST GENERAL ASSEMBLY

Rep. Michael D. Unes

Filed: 3/27/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3038

2    AMENDMENT NO. ______. Amend House Bill 3038 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sexual Assault Survivors Emergency
5Treatment 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
8facility requirements for sexual assault plans.
9    (a) Every hospital required to be licensed by the
10Department pursuant to the Hospital Licensing Act, or operated
11under the University of Illinois Hospital Act that provides
12general medical and surgical hospital services shall provide
13either (i) transfer services to all sexual assault survivors,
14(ii) medical forensic services to all sexual assault survivors,
15or (iii) transfer services to pediatric sexual assault
16survivors and medical forensic services to sexual assault

 

 

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1survivors 13 years old or older, in accordance with rules
2adopted by the Department.
3    In addition, every such hospital, regardless of whether or
4not a request is made for reimbursement, shall submit to the
5Department a plan to provide either (i) transfer services to
6all sexual assault survivors, (ii) medical forensic services to
7all sexual assault survivors, or (iii) transfer services to
8pediatric sexual assault survivors and medical forensic
9services to sexual assault survivors 13 years old or older. The
10Department shall approve such plan for either (i) transfer
11services to all sexual assault survivors, (ii) medical forensic
12services to all sexual assault survivors, or (iii) transfer
13services to pediatric sexual assault survivors and medical
14forensic services to sexual assault survivors 13 years old or
15older, if it finds that the implementation of the proposed plan
16would provide (i) transfer services or (ii) medical forensic
17services for sexual assault survivors in accordance with the
18requirements of this Act and provide sufficient protections
19from the risk of pregnancy to sexual assault survivors.
20Notwithstanding anything to the contrary in this paragraph, the
21Department may approve a sexual assault transfer plan for the
22provision of medical forensic services until January 1, 2022
23if:
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
13plan unless a treatment hospital has agreed, as a part of an
14areawide treatment plan, to accept sexual assault survivors
15from the proposed transfer hospital and a transfer to the
16treatment hospital would not unduly burden the sexual assault
17survivor.
18    In counties with a population of less than 1,000,000, the
19Department may not approve a sexual assault transfer plan for a
20hospital located within a 20-mile radius of a 4-year public
21university, not including community colleges, unless there is a
22treatment hospital with a sexual assault treatment plan
23approved by the Department within a 20-mile radius of the
244-year public university.
25    A transfer must be in accordance with federal and State
26laws and local ordinances.

 

 

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1    A treatment hospital with approved pediatric transfer must
2submit an areawide treatment plan under Section 3 of this Act
3that includes a written agreement with a treatment hospital
4stating that the treatment hospital will provide medical
5forensic services to pediatric sexual assault survivors
6transferred from the treatment hospital with approved
7pediatric transfer. The areawide treatment plan may also
8include an approved pediatric health care facility.
9    A transfer hospital must submit an areawide treatment plan
10under Section 3 of this Act that includes a written agreement
11with a treatment hospital stating that the treatment hospital
12will provide medical forensic services to all sexual assault
13survivors transferred from the transfer hospital. The areawide
14treatment plan may also include an approved pediatric health
15care facility. Notwithstanding anything to the contrary in this
16paragraph, until January 1, 2022, the areawide treatment plan
17may include a written agreement with a treatment hospital with
18approved pediatric transfer that is geographically closer than
19other hospitals providing medical forensic services to sexual
20assault survivors 13 years of age or older stating that the
21treatment hospital with approved pediatric transfer will
22provide medical services to sexual assault survivors 13 years
23of age or older who are transferred from the transfer hospital.
24If the areawide treatment plan includes a written agreement
25with a treatment hospital with approved pediatric transfer, it
26must also include a written agreement with a treatment hospital

 

 

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1stating that the treatment hospital will provide medical
2forensic services to sexual assault survivors under 13 years of
3age who are transferred from the transfer hospital.
4    Beginning January 1, 2019, each treatment hospital and
5treatment hospital with approved pediatric transfer shall
6ensure that emergency department attending physicians,
7physician assistants, advanced practice registered nurses, and
8registered professional nurses providing clinical services,
9who do not meet the definition of a qualified medical provider
10in Section 1a of this Act, receive a minimum of 2 hours of
11sexual assault training by July 1, 2020 or until the treatment
12hospital or treatment hospital with approved pediatric
13transfer certifies to the Department, in a form and manner
14prescribed by the Department, that it employs or contracts with
15a 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
18treatment hospital with approved pediatric transfer certifies
19compliance with subsection (a-7) of Section 5, whichever occurs
20first, each treatment hospital and treatment hospital with
21approved pediatric transfer shall ensure that emergency
22department attending physicians, physician assistants,
23advanced practice registered nurses, and registered
24professional nurses providing clinical services, who do not
25meet the definition of a qualified medical provider in Section
261a of this Act, receive a minimum of 2 hours of continuing

 

 

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1education on responding to sexual assault survivors every 2
2years. Protocols for training shall be included in the
3hospital's sexual assault treatment plan.
4    Sexual assault training provided under this subsection may
5be provided in person or online and shall include, but not be
6limited 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
18Attorney General under subsection (b) of Section 10 may be used
19to comply with this subsection.
20    (b) An approved pediatric health care facility may provide
21medical forensic services, in accordance with rules adopted by
22the Department, to all pediatric sexual assault survivors who
23present for medical forensic services in relation to injuries
24or trauma resulting from a sexual assault. These services shall
25be provided by a qualified medical provider.
26    A pediatric health care facility must participate in or

 

 

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1submit an areawide treatment plan under Section 3 of this Act
2that includes a treatment hospital. If a pediatric health care
3facility does not provide certain medical or surgical services
4that are provided by hospitals, the areawide sexual assault
5treatment plan must include a procedure for ensuring a sexual
6assault survivor in need of such medical or surgical services
7receives the services at the treatment hospital. The areawide
8treatment plan may also include a treatment hospital with
9approved pediatric transfer.
10    The Department shall review a proposed sexual assault
11treatment plan submitted by a pediatric health care facility
12within 60 days after receipt of the plan. If the Department
13finds that the proposed plan meets the minimum requirements set
14forth in Section 5 of this Act and that implementation of the
15proposed plan would provide medical forensic services for
16pediatric sexual assault survivors, then the Department shall
17approve the plan. If the Department does not approve a plan,
18then the Department shall notify the pediatric health care
19facility that the proposed plan has not been approved. The
20pediatric health care facility shall have 30 days to submit a
21revised plan. The Department shall review the revised plan
22within 30 days after receipt of the plan and notify the
23pediatric health care facility whether the revised plan is
24approved or rejected. A pediatric health care facility may not
25provide medical forensic services to pediatric sexual assault
26survivors who present with a complaint of sexual assault within

 

 

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1a minimum of the last 7 days or who have disclosed past sexual
2assault by a specific individual and were in the care of that
3individual within a minimum of the last 7 days until the
4Department has approved a treatment plan.
5    If an approved pediatric health care facility is not open
624 hours a day, 7 days a week, it shall post signage at each
7public 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
4Department and approved as part of the approved pediatric
5health care facility's sexual assault treatment plan.
6    (c) Each treatment hospital, treatment hospital with
7approved pediatric transfer, and approved pediatric health
8care facility must enter into a memorandum of understanding
9with a rape crisis center for medical advocacy services, if
10these services are available to the treatment hospital,
11treatment hospital with approved pediatric transfer, or
12approved pediatric health care facility. With the consent of
13the sexual assault survivor, a rape crisis counselor shall
14remain in the exam room during the collection for forensic
15evidence.
16    (d) Every treatment hospital, treatment hospital with
17approved pediatric transfer, and approved pediatric health
18care facility's sexual assault treatment plan shall include
19procedures for complying with mandatory reporting requirements
20pursuant to (1) the Abused and Neglected Child Reporting Act;
21(2) the Abused and Neglected Long Term Care Facility Residents
22Reporting Act; (3) the Adult Protective Services Act; and (iv)
23the Criminal Identification Act.
24    (e) Each treatment hospital, treatment hospital with
25approved pediatric transfer, and approved pediatric health
26care facility shall submit to the Department every 6 months, in

 

 

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1a manner prescribed by the Department, the following
2information:
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
15Department's website.
16(Source: P.A. 100-775, eff. 1-1-19.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".