94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1878

 

Introduced 2/25/2005, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 70/5   from Ch. 111 1/2, par. 87-5

    Amends the Sexual Assault Survivors Emergency Treatment Act. Provides that every hospital providing emergency hospital services to an alleged sexual assault survivor under the Act shall provide such medication as is deemed appropriate, including HIV prophylaxis.


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A BILL FOR

 

SB1878 LRB094 11451 RXD 42372 b

1     AN ACT concerning health.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Sexual Assault Survivors Emergency
5 Treatment Act is amended by changing Section 5 as follows:
 
6     (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
7     Sec. 5. Minimum requirements for hospitals providing
8 emergency service to sexual assault survivors.
9     (a) Every hospital providing emergency hospital services
10 to an alleged sexual assault survivor under this Act shall, as
11 minimum requirements for such services, provide, with the
12 consent of the alleged sexual assault survivor, and as ordered
13 by the attending physician, an advanced practice nurse who has
14 a written collaborative agreement with a collaborating
15 physician that authorizes provision of emergency services, or a
16 physician assistant who has been delegated authority to provide
17 emergency services, the following:
18         (1) appropriate medical examinations and laboratory
19     tests required to ensure the health, safety, and welfare of
20     an alleged sexual assault survivor or which may be used as
21     evidence in a criminal proceeding against a person accused
22     of the sexual assault, or both; and records of the results
23     of such examinations and tests shall be maintained by the
24     hospital and made available to law enforcement officials
25     upon the request of the alleged sexual assault survivor;
26         (2) appropriate oral and written information
27     concerning the possibility of infection, sexually
28     transmitted disease and pregnancy resulting from sexual
29     assault;
30         (3) appropriate oral and written information
31     concerning accepted medical procedures, medication, and
32     possible contraindications of such medication available

 

 

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1     for the prevention or treatment of infection or disease
2     resulting from sexual assault;
3         (4) such medication as is deemed appropriate by the
4     attending physician, an advanced practice nurse, or a
5     physician assistant, including HIV prophylaxis;
6         (5) a blood test to determine the presence or absence
7     of sexually transmitted disease;
8         (6) written and oral instructions indicating the need
9     for a second blood test 6 weeks after the sexual assault to
10     determine the presence or absence of sexually transmitted
11     disease; and
12         (7) appropriate counseling as determined by the
13     hospital, by trained personnel designated by the hospital.
14     (b) Any minor who is an alleged survivor of sexual assault
15 who seeks emergency services under this Act shall be provided
16 such services without the consent of the parent, guardian or
17 custodian of the minor.
18 (Source: P.A. 93-962, eff. 8-20-04.)