HB4081 Enrolled LRB096 11796 RPM 22608 b

1     AN ACT concerning public 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 Sections 5 and 6.4 as
6 follows:
 
7     (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
8     Sec. 5. Minimum requirements for hospitals providing
9 hospital emergency services and forensic services to sexual
10 assault survivors.
11     (a) Every hospital providing hospital emergency services
12 and forensic services to sexual assault survivors under this
13 Act shall, as minimum requirements for such services, provide,
14 with the consent of the sexual assault survivor, and as ordered
15 by the attending physician, an advanced practice nurse who has
16 a written collaborative agreement with a collaborating
17 physician that authorizes provision of emergency services, or a
18 physician assistant who has been delegated authority to provide
19 hospital emergency services and forensic services, the
20 following:
21         (1) appropriate medical examinations and laboratory
22     tests required to ensure the health, safety, and welfare of
23     a sexual assault survivor or which may be used as evidence

 

 

HB4081 Enrolled - 2 - LRB096 11796 RPM 22608 b

1     in a criminal proceeding against a person accused of the
2     sexual assault, or both; and records of the results of such
3     examinations and tests shall be maintained by the hospital
4     and made available to law enforcement officials upon the
5     request of the sexual assault survivor;
6         (2) appropriate oral and written information
7     concerning the possibility of infection, sexually
8     transmitted disease and pregnancy resulting from sexual
9     assault;
10         (3) appropriate oral and written information
11     concerning accepted medical procedures, medication, and
12     possible contraindications of such medication available
13     for the prevention or treatment of infection or disease
14     resulting from sexual assault;
15         (4) an amount of medication for treatment at the
16     hospital and after discharge as is deemed appropriate by
17     the attending physician, an advanced practice nurse, or a
18     physician assistant and consistent with the hospital's
19     current approved protocol for sexual assault survivors;
20         (5) an evaluation of the sexual assault survivor's risk
21     of contracting human immunodeficiency virus (HIV) from the
22     sexual assault;
23         (6) written and oral instructions indicating the need
24     for follow-up examinations and laboratory tests after the
25     sexual assault to determine the presence or absence of
26     sexually transmitted disease;

 

 

HB4081 Enrolled - 3 - LRB096 11796 RPM 22608 b

1         (7) referral by hospital personnel for appropriate
2     counseling; and
3         (8) when HIV prophylaxis is deemed appropriate, an
4     initial dose or doses of HIV prophylaxis, along with
5     written and oral instructions indicating the importance of
6     timely follow-up healthcare.
7     (b) Any person minor who is a sexual assault survivor who
8 seeks emergency hospital services and forensic services or
9 follow-up healthcare under this Act shall be provided such
10 services without the consent of any the parent, guardian, or
11 custodian, surrogate, or agent of the minor.
12     (c) Nothing in this Section creates a physician-patient
13 relationship that extends beyond discharge from the hospital
14 emergency department.
15 (Source: P.A. 94-434, eff. 1-1-06; 95-432, eff. 1-1-08.)
 
16     (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)
17     Sec. 6.4. Sexual assault evidence collection program.
18     (a) There is created a statewide sexual assault evidence
19 collection program to facilitate the prosecution of persons
20 accused of sexual assault. This program shall be administered
21 by the Illinois State Police. The program shall consist of the
22 following: (1) distribution of sexual assault evidence
23 collection kits which have been approved by the Illinois State
24 Police to hospitals that request them, or arranging for such
25 distribution by the manufacturer of the kits, (2) collection of

 

 

HB4081 Enrolled - 4 - LRB096 11796 RPM 22608 b

1 the kits from hospitals after the kits have been used to
2 collect evidence, (3) analysis of the collected evidence and
3 conducting of laboratory tests, (4) maintaining the chain of
4 custody and safekeeping of the evidence for use in a legal
5 proceeding, and (5) the comparison of the collected evidence
6 with the genetic marker grouping analysis information
7 maintained by the Department of State Police under Section
8 5-4-3 of the Unified Code of Corrections and with the
9 information contained in the Federal Bureau of Investigation's
10 National DNA database; provided the amount and quality of
11 genetic marker grouping results obtained from the evidence in
12 the sexual assault case meets the requirements of both the
13 Department of State Police and the Federal Bureau of
14 Investigation's Combined DNA Index System (CODIS) policies.
15 The standardized evidence collection kit for the State of
16 Illinois shall be the Illinois State Police Sexual Assault
17 Evidence Kit. A sexual assault evidence collection kit may not
18 be released by a hospital without the written consent of the
19 sexual assault survivor. In the case of a survivor who is a
20 minor 13 years of age or older, evidence and information
21 concerning the sexual assault may be released at the written
22 request of the minor. If the survivor is a minor who is under
23 13 years of age, evidence and information concerning the
24 alleged sexual assault may be released at the written request
25 of the parent, guardian, investigating law enforcement
26 officer, or Department of Children and Family Services. If the

 

 

HB4081 Enrolled - 5 - LRB096 11796 RPM 22608 b

1 survivor is an adult who has a guardian of the person, a health
2 care surrogate, or an agent acting under a health care power of
3 attorney, then consent of the guardian, surrogate, or agent is
4 not required to release evidence and information concerning the
5 sexual assault. If the adult is unable to provide consent for
6 the release of evidence and information and a guardian,
7 surrogate, or agent under a health care power of attorney is
8 unavailable or unwilling to release the information, then an
9 investigating law enforcement officer may authorize the
10 release. Any health care professional, including any
11 physician, advanced practice nurse, physician assistant, or
12 nurse, sexual assault nurse examiner, and any health care
13 institution, including any hospital, who provides evidence or
14 information to a law enforcement officer pursuant to a written
15 request as specified in this Section is immune from any civil
16 or professional liability that might arise from those actions,
17 with the exception of willful or wanton misconduct. The
18 immunity provision applies only if all of the requirements of
19 this Section are met.
20     (a-5) All sexual assault evidence collected using the State
21 Police Evidence Collection Kits before January 1, 2005 (the
22 effective date of Public Act 93-781) that have not been
23 previously analyzed and tested by the Department of State
24 Police shall be analyzed and tested within 2 years after
25 receipt of all necessary evidence and standards into the State
26 Police Laboratory if sufficient staffing and resources are

 

 

HB4081 Enrolled - 6 - LRB096 11796 RPM 22608 b

1 available. All sexual assault evidence collected using the
2 State Police Evidence Collection Kits on or after January 1,
3 2005 (the effective date of Public Act 93-781) shall be
4 analyzed and tested by the Department of State Police within
5 one year after receipt of all necessary evidence and standards
6 into the State Police Laboratory if sufficient staffing and
7 resources are available.
8     (b) The Illinois State Police shall administer a program to
9 train hospitals and hospital personnel participating in the
10 sexual assault evidence collection program, in the correct use
11 and application of the sexual assault evidence collection kits.
12 A sexual assault nurse examiner may conduct examinations using
13 the sexual assault evidence collection kits, without the
14 presence or participation of a physician. The Department shall
15 cooperate with the Illinois State Police in this program as it
16 pertains to medical aspects of the evidence collection.
17     (c) In this Section, "sexual assault nurse examiner" means
18 a registered nurse who has completed a sexual assault nurse
19 examiner (SANE) training program that meets the Forensic Sexual
20 Assault Nurse Examiner Education Guidelines established by the
21 International Association of Forensic Nurses.
22 (Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08.)
 
23     Section 99. Effective date. This Act takes effect January
24 1, 2010.