HB3038 EnrolledLRB101 10078 CPF 55181 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17survivors 13 years old or older, in accordance with rules
18adopted by the Department.
19    In addition, every such hospital, regardless of whether or
20not a request is made for reimbursement, shall submit to the
21Department a plan to provide either (i) transfer services to
22all sexual assault survivors, (ii) medical forensic services to
23all sexual assault survivors, or (iii) transfer services to

 

 

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1pediatric sexual assault survivors and medical forensic
2services to sexual assault survivors 13 years old or older. The
3Department shall approve such plan for either (i) transfer
4services to all sexual assault survivors, (ii) medical forensic
5services to all sexual assault survivors, or (iii) transfer
6services to pediatric sexual assault survivors and medical
7forensic services to sexual assault survivors 13 years old or
8older, if it finds that the implementation of the proposed plan
9would provide (i) transfer services or (ii) medical forensic
10services for sexual assault survivors in accordance with the
11requirements of this Act and provide sufficient protections
12from the risk of pregnancy to sexual assault survivors.
13Notwithstanding anything to the contrary in this paragraph, the
14Department may approve a sexual assault transfer plan for the
15provision of medical forensic services until January 1, 2022
16if:
17        (1) a treatment hospital with approved pediatric
18    transfer has agreed, as part of an areawide treatment plan,
19    to accept sexual assault survivors 13 years of age or older
20    from the proposed transfer hospital, if the treatment
21    hospital with approved pediatric transfer is
22    geographically closer to the transfer hospital than a
23    treatment hospital or another treatment hospital with
24    approved pediatric transfer and such transfer is not unduly
25    burdensome on the sexual assault survivor; and
26        (2) a treatment hospital has agreed, as a part of an

 

 

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1    areawide treatment plan, to accept sexual assault
2    survivors under 13 years of age from the proposed transfer
3    hospital and transfer to the treatment hospital would not
4    unduly burden the sexual assault survivor.
5    The Department may not approve a sexual assault transfer
6plan unless a treatment hospital has agreed, as a part of an
7areawide treatment plan, to accept sexual assault survivors
8from the proposed transfer hospital and a transfer to the
9treatment hospital would not unduly burden the sexual assault
10survivor.
11    In counties with a population of less than 1,000,000, the
12Department may not approve a sexual assault transfer plan for a
13hospital located within a 20-mile radius of a 4-year public
14university, not including community colleges, unless there is a
15treatment hospital with a sexual assault treatment plan
16approved by the Department within a 20-mile radius of the
174-year public university.
18    A transfer must be in accordance with federal and State
19laws and local ordinances.
20    A treatment hospital with approved pediatric transfer must
21submit an areawide treatment plan under Section 3 of this Act
22that includes a written agreement with a treatment hospital
23stating that the treatment hospital will provide medical
24forensic services to pediatric sexual assault survivors
25transferred from the treatment hospital with approved
26pediatric transfer. The areawide treatment plan may also

 

 

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1include an approved pediatric health care facility.
2    A transfer hospital must submit an areawide treatment plan
3under Section 3 of this Act that includes a written agreement
4with a treatment hospital stating that the treatment hospital
5will provide medical forensic services to all sexual assault
6survivors transferred from the transfer hospital. The areawide
7treatment plan may also include an approved pediatric health
8care facility. Notwithstanding anything to the contrary in this
9paragraph, until January 1, 2022, the areawide treatment plan
10may include a written agreement with a treatment hospital with
11approved pediatric transfer that is geographically closer than
12other hospitals providing medical forensic services to sexual
13assault survivors 13 years of age or older stating that the
14treatment hospital with approved pediatric transfer will
15provide medical services to sexual assault survivors 13 years
16of age or older who are transferred from the transfer hospital.
17If the areawide treatment plan includes a written agreement
18with a treatment hospital with approved pediatric transfer, it
19must also include a written agreement with a treatment hospital
20stating that the treatment hospital will provide medical
21forensic services to sexual assault survivors under 13 years of
22age who are transferred from the transfer hospital.
23    Beginning January 1, 2019, each treatment hospital and
24treatment hospital with approved pediatric transfer shall
25ensure that emergency department attending physicians,
26physician assistants, advanced practice registered nurses, and

 

 

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1registered professional nurses providing clinical services,
2who do not meet the definition of a qualified medical provider
3in Section 1a of this Act, receive a minimum of 2 hours of
4sexual assault training by July 1, 2020 or until the treatment
5hospital or treatment hospital with approved pediatric
6transfer certifies to the Department, in a form and manner
7prescribed by the Department, that it employs or contracts with
8a qualified medical provider in accordance with subsection
9(a-7) of Section 5, whichever occurs first.
10    After July 1, 2020 or once a treatment hospital or a
11treatment hospital with approved pediatric transfer certifies
12compliance with subsection (a-7) of Section 5, whichever occurs
13first, each treatment hospital and treatment hospital with
14approved pediatric transfer shall ensure that emergency
15department attending physicians, physician assistants,
16advanced practice registered nurses, and registered
17professional nurses providing clinical services, who do not
18meet the definition of a qualified medical provider in Section
191a of this Act, receive a minimum of 2 hours of continuing
20education on responding to sexual assault survivors every 2
21years. Protocols for training shall be included in the
22hospital's sexual assault treatment plan.
23    Sexual assault training provided under this subsection may
24be provided in person or online and shall include, but not be
25limited to:
26        (1) information provided on the provision of medical

 

 

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1    forensic services;
2        (2) information on the use of the Illinois Sexual
3    Assault Evidence Collection Kit;
4        (3) information on sexual assault epidemiology,
5    neurobiology of trauma, drug-facilitated sexual assault,
6    child sexual abuse, and Illinois sexual assault-related
7    laws; and
8        (4) information on the hospital's sexual
9    assault-related policies and procedures.
10    The online training made available by the Office of the
11Attorney General under subsection (b) of Section 10 may be used
12to comply with this subsection.
13    (b) An approved pediatric health care facility may provide
14medical forensic services, in accordance with rules adopted by
15the Department, to all pediatric sexual assault survivors who
16present for medical forensic services in relation to injuries
17or trauma resulting from a sexual assault. These services shall
18be provided by a qualified medical provider.
19    A pediatric health care facility must participate in or
20submit an areawide treatment plan under Section 3 of this Act
21that includes a treatment hospital. If a pediatric health care
22facility does not provide certain medical or surgical services
23that are provided by hospitals, the areawide sexual assault
24treatment plan must include a procedure for ensuring a sexual
25assault survivor in need of such medical or surgical services
26receives the services at the treatment hospital. The areawide

 

 

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1treatment plan may also include a treatment hospital with
2approved pediatric transfer.
3    The Department shall review a proposed sexual assault
4treatment plan submitted by a pediatric health care facility
5within 60 days after receipt of the plan. If the Department
6finds that the proposed plan meets the minimum requirements set
7forth in Section 5 of this Act and that implementation of the
8proposed plan would provide medical forensic services for
9pediatric sexual assault survivors, then the Department shall
10approve the plan. If the Department does not approve a plan,
11then the Department shall notify the pediatric health care
12facility that the proposed plan has not been approved. The
13pediatric health care facility shall have 30 days to submit a
14revised plan. The Department shall review the revised plan
15within 30 days after receipt of the plan and notify the
16pediatric health care facility whether the revised plan is
17approved or rejected. A pediatric health care facility may not
18provide medical forensic services to pediatric sexual assault
19survivors who present with a complaint of sexual assault within
20a minimum of the last 7 days or who have disclosed past sexual
21assault by a specific individual and were in the care of that
22individual within a minimum of the last 7 days until the
23Department has approved a treatment plan.
24    If an approved pediatric health care facility is not open
2524 hours a day, 7 days a week, it shall post signage at each
26public entrance to its facility that:

 

 

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1        (1) is at least 14 inches by 14 inches in size;
2        (2) directs those seeking services as follows: "If
3    closed, call 911 for services or go to the closest hospital
4    emergency department, (insert name) located at (insert
5    address).";
6        (3) lists the approved pediatric health care
7    facility's hours of operation;
8        (4) lists the street address of the building;
9        (5) has a black background with white bold capital
10    lettering in a clear and easy to read font that is at least
11    72-point type, and with "call 911" in at least 125-point
12    type;
13        (6) is posted clearly and conspicuously on or adjacent
14    to the door at each entrance and, if building materials
15    allow, is posted internally for viewing through glass; if
16    posted externally, the sign shall be made of
17    weather-resistant and theft-resistant materials,
18    non-removable, and adhered permanently to the building;
19    and
20        (7) has lighting that is part of the sign itself or is
21    lit with a dedicated light that fully illuminates the sign.
22    A copy of the proposed sign must be submitted to the
23Department and approved as part of the approved pediatric
24health care facility's sexual assault treatment plan.
25    (c) Each treatment hospital, treatment hospital with
26approved pediatric transfer, and approved pediatric health

 

 

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1care facility must enter into a memorandum of understanding
2with a rape crisis center for medical advocacy services, if
3these services are available to the treatment hospital,
4treatment hospital with approved pediatric transfer, or
5approved pediatric health care facility. With the consent of
6the sexual assault survivor, a rape crisis counselor shall
7remain in the exam room during the collection for forensic
8evidence.
9    (d) Every treatment hospital, treatment hospital with
10approved pediatric transfer, and approved pediatric health
11care facility's sexual assault treatment plan shall include
12procedures for complying with mandatory reporting requirements
13pursuant to (1) the Abused and Neglected Child Reporting Act;
14(2) the Abused and Neglected Long Term Care Facility Residents
15Reporting Act; (3) the Adult Protective Services Act; and (iv)
16the Criminal Identification Act.
17    (e) Each treatment hospital, treatment hospital with
18approved pediatric transfer, and approved pediatric health
19care facility shall submit to the Department every 6 months, in
20a manner prescribed by the Department, the following
21information:
22        (1) The total number of patients who presented with a
23    complaint of sexual assault.
24        (2) The total number of Illinois Sexual Assault
25    Evidence Collection Kits:
26            (A) offered to (i) all sexual assault survivors and

 

 

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1        (ii) pediatric sexual assault survivors pursuant to
2        paragraph (1.5) of subsection (a-5) of Section 5;
3            (B) completed for (i) all sexual assault survivors
4        and (ii) pediatric sexual assault survivors; and
5            (C) declined by (i) all sexual assault survivors
6        and (ii) pediatric sexual assault survivors.
7    This information shall be made available on the
8Department's website.
9(Source: P.A. 100-775, eff. 1-1-19.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.