Section 380.560  Care and Treatment of Sexual Assault Survivors

a)         For the purposes of this Section, the following definitions shall apply:

1)         Sexual assault − an act of nonconsensual sexual conduct or sexual penetration, as defined in Section 11-01 of the Criminal Code of 2012, including, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012.

2)         Ambulance Provider − an individual or entity that owns and operates a business or service using ambulances or emergency medical services vehicles to transport emergency patients.

b)         The facility shall adhere to the following protocol for the care and treatment of consumers who are suspected of having been sexually assaulted in the facility or elsewhere:

1)         Notify local law enforcement pursuant to the requirements of Section 380.550;

2)         Call an ambulance provider if medical care is needed.  The facility shall always request transport to a hospital if sexual penetration occurred or is suspected to have occurred and shall document whether a consumer refuses treatment;

3)         Move the survivor, as quickly as reasonably possible, to a closed environment to ensure privacy while waiting for emergency or law enforcement personnel to arrive. The facility shall ensure the welfare and privacy of the survivor, including the use of incident code to avoid embarrassment; and

4)         Offer to call a friend or family member and a sexual assault crisis advocate, when available, to accompany the survivor.

c)         The facility shall take all reasonable steps to preserve evidence of the alleged sexual assault, including encouraging the survivor not to change clothes or bathe, if he or she has not done so since the sexual assault, and to not launder or dispose of the consumer's clothing or bed linens until local law enforcement can determine whether those items have evidentiary value.

d)         The facility shall notify the Department and draft a descriptive summary of the alleged sexual assault pursuant to the requirements of Section 380.530.

e)         As much as is reasonably possible, the facility shall ensure that the sexual assault survivor receives all appropriate follow-up care pursuant to the Department's rules titled Sexual Assault Survivors Emergency Treatment Code.