Section 545.95  Emergency Contraception

a)         Every hospital or approved pediatric health care facility providing services to sexual assault survivors in accordance with a plan approved under Section 545.35 shall develop a protocol for providing emergency contraception information and treatment to sexual assault survivors.  (Section 2.2(b) of the Act)  

b)         The Department will approve the protocol if it finds that the implementation of the protocol would provide sufficient protection for survivors of sexual assault and if the protocol provides for the following as soon as possible and, in any event, no later than 12 hours after the sexual assault survivor presents himself or herself at the hospital or approved pediatric health care facility for emergency care:

1)       Medically and factually accurate written and oral information about emergency contraception;

2)       The indications and contraindications and risks associated with the use of emergency contraception;

3)       A description of how and when victims may be provided emergency contraception at no cost upon the written order of a physician, a licensed APRN who possesses clinical privileges recommended by the hospital or approved pediatric health care facility medical staff and granted by the hospital or approved pediatric health care facility as authorized by the Nurse Practice Act, or a licensed physician assistant (Section 2.2(b) of the Act); and

4)       Appropriate referral to a physician.

c)         The hospital or approved pediatric health care facility shall implement the protocol upon approval by the Department.  (Section 2.2(b) of the Act)

d)         The Department will produce medically and factually accurate written materials that all treatment hospitals and approved pediatric health care facilities shall provide to each female sexual assault survivor of childbearing age.  

(Source:  Amended at 44 Ill. Reg. 6326, effective April 10, 2020)