Full Text of SB2850 94th General Assembly
SB2850 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2850
Introduced 1/20/2006, by Sen. Jeffrey M. Schoenberg SYNOPSIS AS INTRODUCED: |
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410 ILCS 70/1a |
from Ch. 111 1/2, par. 87-1a |
410 ILCS 70/2 |
from Ch. 111 1/2, par. 87-2 |
410 ILCS 70/2.1 |
from Ch. 111 1/2, par. 87-2.1 |
410 ILCS 70/2.2 |
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410 ILCS 70/5 |
from Ch. 111 1/2, par. 87-5 |
410 ILCS 70/5.1 new |
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410 ILCS 70/5.2 new |
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410 ILCS 70/6 |
from Ch. 111 1/2, par. 87-6 |
410 ILCS 70/6.1 |
from Ch. 111 1/2, par. 87-6.1 |
410 ILCS 70/6.2 |
from Ch. 111 1/2, par. 87-6.2 |
410 ILCS 70/6.3 |
from Ch. 111 1/2, par. 87-6.3 |
410 ILCS 70/6.4 |
from Ch. 111 1/2, par. 87-6.4 |
410 ILCS 70/7 |
from Ch. 111 1/2, par. 87-7 |
410 ILCS 70/3 rep. |
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410 ILCS 70/4 rep. |
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Amends the Sexual Assault Survivors Emergency Treatment Act. Changes references from "emergency hospital service" to "forensic and emergency medical services". Changes certain references from "alleged sexual assault survivor" to "sexual assault survivor". Sets forth minimum requirements for health care facilities providing follow-up care to sexual assault survivors. Provides that a minor who is a survivor of sexual assault shall be provided certain services without the consent of a parent, guardian, or custodian. Provides that a sexual assault survivor may have an advocate or other support person present when receiving services. Repeals provisions relating to community or areawide plans for forensic and medical services to sexual assault survivors and submission of plans to the Department of Public Health. Makes other changes.
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A BILL FOR
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SB2850 |
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LRB094 18640 LJB 53993 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sexual Assault Survivors Emergency | 5 |
| Treatment Act is amended by changing Sections 1a, 2, 2.1, 2.2, | 6 |
| 5, 6, 6.1, 6.2, 6.3, 6.4, and 7 and by adding Sections 5.1 and | 7 |
| 5.2 as follows:
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| (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
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| Sec. 1a. " Sexual assault " means an act of forced sexual | 10 |
| penetration or
sexual conduct, as defined in Section 12-12 of | 11 |
| the Criminal Code, including
acts prohibited under Sections | 12 |
| 12-13 through 12-16 of the Criminal Code of
1961, as amended.
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| (Source: P.A. 85-577.)
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| (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
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| Sec. 2. Hospitals to furnish emergency service. Every | 16 |
| hospital
required to be licensed by the Department of Public
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| Health pursuant to
the Hospital Licensing Act, approved July 1, | 18 |
| 1953, as now or hereafter
amended, which provides general | 19 |
| medical and surgical hospital services
shall provide forensic | 20 |
| and emergency medical services
emergency hospital service , in | 21 |
| accordance with rules and
regulations adopted by the Department | 22 |
| of Public Health,
to all alleged
sexual assault survivors who | 23 |
| apply for such forensic and emergency medical
hospital | 24 |
| emergency services in
relation to injuries or trauma resulting | 25 |
| from the alleged sexual assault.
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| In addition every such hospital, regardless of whether or | 27 |
| not a request
is made for reimbursement, except hospitals | 28 |
| participating in community
or area wide plans in compliance | 29 |
| with Section 4 of this Act, shall submit
to the Department of | 30 |
| Public Health a plan to provide
forensic and emergency medical
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| hospital emergency
services to alleged sexual assault |
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| survivors which
shall be made available by such hospital.
Such | 2 |
| plan shall be submitted within 60 days of receipt of the
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| Department's request for this plan, to the Department of Public | 4 |
| Health for approval prior to such plan becoming effective. The
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| Department of Public Health shall approve such plan for
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| forensic and emergency medical services
emergency service
to | 7 |
| alleged sexual assault survivors if it finds that the | 8 |
| implementation of
the proposed plan would provide adequate | 9 |
| forensic and emergency medical services
hospital emergency | 10 |
| service for
alleged sexual assault survivors and provide | 11 |
| sufficient protections from the
risk of pregnancy by sexual | 12 |
| assault survivors.
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| The Department of Public Health shall periodically
conduct | 14 |
| on site
reviews
of such approved
plans with hospital personnel | 15 |
| to insure that the established procedures
are being followed.
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| (Source: P.A. 92-156, eff. 1-1-02.)
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| (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
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| Sec. 2.1. Plans of correction - Penalties for failure to | 19 |
| implement
such plans. If the Department of Public Health | 20 |
| surveyor determines that
the hospital is not
in compliance with | 21 |
| its approved plan, the surveyor shall provide the
hospital with | 22 |
| a written list of the specific items of noncompliance within
2 | 23 |
| weeks of the conclusion of the on site review. The hospital | 24 |
| shall have
14 working days to submit to the Department of | 25 |
| Public Health a plan of
correction which
contains the | 26 |
| hospital's specific proposals for correcting the items of
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| noncompliance. The Department of Public Health shall review the | 28 |
| plan of
correction and
notify the hospital in writing as to | 29 |
| whether the plan is acceptable
or nonacceptable.
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| If the Department of Public Health finds the Plan of | 31 |
| Correction
nonacceptable, the
hospital shall have 7 working | 32 |
| days to resubmit an acceptable Plan of
Correction. Upon | 33 |
| notification that its Plan of Correction is acceptable, a
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| hospital shall implement the Plan of Correction within 60 days.
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| The failure to submit an acceptable Plan of Correction or |
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| to implement
the Plan of Correction, within the time frames | 2 |
| required in this Section,
will subject a hospital to the | 3 |
| imposition of a fine by the Department of
Public Health. The
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| Department of Public Health may impose a fine of up to $500
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| $100.00 per day
until a hospital
complies with the requirements | 6 |
| of this Section.
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| Before imposing a fine pursuant to this Section, the | 8 |
| Department of Public
Health shall
provide the hospital via | 9 |
| certified mail with written notice and an
opportunity for an | 10 |
| administrative hearing. Such hearing must be requested
within | 11 |
| 10 working days of receipt of the Department of Public Health's | 12 |
| Notice.
All hearings
shall be conducted in accordance with the | 13 |
| Department of Public Health's rules
in
administrative | 14 |
| hearings.
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| (Source: P.A. 90-587, eff. 7-1-98.)
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| (410 ILCS 70/2.2)
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| Sec. 2.2. Emergency contraception.
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| (a) The General Assembly finds:
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| (1) Crimes of sexual assault and abuse
violence cause | 20 |
| significant physical, emotional, and
psychological trauma | 21 |
| to the victims. This trauma is compounded by a victim's
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| fear of becoming pregnant and bearing a child as a result | 23 |
| of the sexual
assault.
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| (2) Each year over 32,000 women become pregnant in the | 25 |
| United States as
the result of rape and
approximately 50% | 26 |
| of these pregnancies end in abortion.
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| (3) As approved for use by the Federal Food and Drug | 28 |
| Administration (FDA),
emergency contraception can | 29 |
| significantly reduce the risk of pregnancy if taken
within | 30 |
| 96
72 hours after the sexual assault.
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| (4) By providing emergency contraception to rape | 32 |
| victims in a timely
manner, the trauma of rape can be | 33 |
| significantly reduced.
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| (b) Within 120 days after the effective date of this | 35 |
| amendatory Act of the
92nd General Assembly, every hospital |
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| providing services to alleged sexual
assault survivors in | 2 |
| accordance with a plan approved under Section 2 must
develop a | 3 |
| protocol that ensures that each survivor of sexual
assault will | 4 |
| receive medically and factually accurate and written and oral
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| information about emergency contraception; the indications and
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| counter-indications and risks associated with the use of | 7 |
| emergency
contraception;
and a description of how and when | 8 |
| victims may be provided emergency
contraception upon
the | 9 |
| written order of a physician licensed to practice medicine
in | 10 |
| all its branches, an advanced practice nurse who has a written | 11 |
| collaborative agreement with a collaborating physician that | 12 |
| authorizes prescription of emergency contraception, or a | 13 |
| physician assistant who has been delegated authority to | 14 |
| prescribe emergency contraception. The Department shall | 15 |
| approve the protocol if it finds
that the implementation of the | 16 |
| protocol would provide sufficient protection
for survivors of a
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| an alleged sexual assault.
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| The hospital shall implement the protocol upon approval by | 19 |
| the Department.
The Department shall adopt rules and | 20 |
| regulations establishing one or more safe
harbor protocols and | 21 |
| setting minimum acceptable protocol standards that
hospitals | 22 |
| may develop and implement. The Department shall approve any | 23 |
| protocol
that meets those standards. The Department may provide | 24 |
| a sample acceptable
protocol upon request.
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| (Source: P.A. 92-156, eff. 1-1-02; 93-962, eff. 8-20-04.)
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| (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
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| Sec. 5. Minimum requirements for hospitals providing | 28 |
| forensic and emergency medical services
emergency service
to | 29 |
| sexual assault survivors.
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| (a) Every hospital providing forensic and emergency | 31 |
| medical
emergency
hospital services to a
an alleged sexual | 32 |
| assault survivor under this Act
shall, as minimum requirements | 33 |
| for such services, provide, with the consent
of the alleged | 34 |
| sexual assault survivor, and as ordered by the attending
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| physician, an advanced practice nurse who has a written |
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| collaborative agreement with a collaborating physician that | 2 |
| authorizes provision of forensic and emergency medical
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| emergency services, or a physician assistant who has been | 4 |
| delegated authority to provide forensic and emergency medical
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| emergency services, the following:
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| (1) appropriate medical examinations and laboratory
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| tests required to ensure the health, safety, and welfare
of | 8 |
| a
an alleged sexual assault survivor or which may be
used | 9 |
| as evidence in a criminal proceeding against a person | 10 |
| accused of the
sexual assault, or both; and records of the | 11 |
| results of such examinations
and tests shall be maintained | 12 |
| by the hospital and made available to law
enforcement | 13 |
| officials upon the request of the alleged sexual assault | 14 |
| survivor;
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| (2) appropriate oral and written information | 16 |
| concerning the possibility
of infection, sexually | 17 |
| transmitted disease and pregnancy
resulting from sexual | 18 |
| assault;
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| (3) appropriate oral and written information | 20 |
| concerning accepted medical
procedures, medication, and | 21 |
| possible contraindications of such medication
available | 22 |
| for the prevention or treatment of infection or disease | 23 |
| resulting
from sexual assault;
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| (4) such medication , dispensed at the time of service | 25 |
| for immediate and future treatment related to the sexual | 26 |
| assault, as is deemed appropriate by the attending | 27 |
| physician, an advanced practice nurse, or a physician | 28 |
| assistant, including HIV prophylaxis;
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| (5) (blank)
a blood test to determine the presence or | 30 |
| absence of sexually
transmitted disease ;
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| (6) written and oral instructions indicating the need | 32 |
| for a second examination and subsequent blood
tests
test 6 | 33 |
| weeks after the sexual assault to determine the presence or | 34 |
| absence of
sexually transmitted disease; and
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| (7) referral for appropriate counseling as determined | 36 |
| by the hospital, by trained
personnel designated by the |
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| hospital .
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| (b) (Blank)
Any minor who is an alleged survivor of sexual
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| assault who seeks emergency services
under this Act shall be | 4 |
| provided such services without the consent
of the parent, | 5 |
| guardian or custodian of the minor .
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| (Source: P.A. 93-962, eff. 8-20-04; 94-434, eff. 1-1-06.)
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| (410 ILCS 70/5.1 new) | 8 |
| Sec. 5.1. Minimum requirements for health care facilities | 9 |
| providing follow-up care to sexual assault survivors. Each | 10 |
| health care facility that provides follow-up care to a sexual | 11 |
| assault survivor shall, as minimum requirements for the | 12 |
| service, provide, with the consent of the alleged sexual | 13 |
| assault survivor and as ordered by an attending physician, an | 14 |
| advance practice nurse who has a written collaborative | 15 |
| agreement with a collaborating physician, or a physician | 16 |
| assistant who has been delegated authority to provide follow-up | 17 |
| services, the following: | 18 |
| (1) a physical examination; and | 19 |
| (2) blood tests to determine the presence or absence of | 20 |
| sexually transmitted diseases. | 21 |
| (410 ILCS 70/5.2 new) | 22 |
| Sec. 5.2. Survivor's rights. | 23 |
| (a) Any minor who is a survivor of sexual assault and who | 24 |
| seeks forensic and emergency medical services under this Act | 25 |
| shall be provided the services without the consent of the | 26 |
| minor's parents, guardian, or custodian. | 27 |
| (b) A sexual assault survivor has the right to have present | 28 |
| during forensic and emergency medical services and follow-up | 29 |
| care an advocate or other support person of the survivor's | 30 |
| choosing.
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| (410 ILCS 70/6) (from Ch. 111 1/2, par. 87-6)
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| Sec. 6. Powers and duties of Departments of Public Health | 33 |
| and Healthcare and Family Services
Public Aid .
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| (a) The Department of Public Health shall have
the duties | 2 |
| and responsibilities
required by Sections 2, 6.1, 6.2, and 6.4.
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| (b) The Department of Healthcare and Family Services
Public | 4 |
| Aid shall have the duties and
responsibilities required by | 5 |
| Sections 6.3 and 7.
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| (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised | 7 |
| 12-15-05.)
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| (410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)
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| Sec. 6.1. To prescribe minimum standards, rules and
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| regulations necessary
to implement this Act, which shall apply | 11 |
| to every hospital
required to be licensed by the Department of | 12 |
| Public
Health.
Such standards shall include, but not be limited | 13 |
| to, a
uniform system for recording results of medical | 14 |
| examinations
and all diagnostic tests performed in connection | 15 |
| therewith to
determine the condition and necessary treatment of | 16 |
| alleged
sexual assault survivors, which results shall be | 17 |
| preserved in a
confidential manner as part of the hospital | 18 |
| record of the patient.
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| (410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)
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| Sec. 6.2. To assist in the development and operation
of | 22 |
| programs which provide forensic and emergency medical
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| emergency services to alleged sexual assault
survivors, and, | 24 |
| where necessary, to provide grants to hospitals for
this | 25 |
| purpose.
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| (Source: P.A. 85-577.)
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| (410 ILCS 70/6.3) (from Ch. 111 1/2, par. 87-6.3)
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| Sec. 6.3. To establish standards, rules and regulations, | 29 |
| for the
reimbursement to hospitals , health care facilities, and | 30 |
| ambulance providers of billed charges of
providing services to | 31 |
| alleged sexual assault survivors, pursuant to
Section 7 of this | 32 |
| Act.
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| (Source: P.A. 85-577.)
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| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
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| Sec. 6.4. Sexual assault evidence collection program.
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| (a) There is created a statewide sexual assault evidence | 4 |
| collection program
to facilitate the prosecution of persons | 5 |
| accused of sexual assault. This
program shall be administered | 6 |
| by the Illinois
State Police. The program shall
consist of the | 7 |
| following: (1) distribution of sexual assault evidence
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| collection kits which have been approved by the Illinois
State | 9 |
| Police to hospitals that request them, or arranging for
such | 10 |
| distribution by the manufacturer of the kits, (2) collection of | 11 |
| the kits
from hospitals after the kits have been used to | 12 |
| collect
evidence, (3) analysis of the collected evidence and | 13 |
| conducting of laboratory
tests, (4) maintaining the chain of | 14 |
| custody and safekeeping of the evidence
for use in a legal | 15 |
| proceeding, and (5) the comparison of the collected evidence | 16 |
| with the genetic marker grouping analysis information | 17 |
| maintained by the Department of State Police under Section | 18 |
| 5-4-3 of the Unified Code of Corrections and with the | 19 |
| information contained in the Federal Bureau of Investigation's | 20 |
| National DNA database; provided the amount and quality of | 21 |
| genetic marker grouping results obtained from the evidence in | 22 |
| the sexual assault case meets the requirements of both the | 23 |
| Department of State Police and the Federal Bureau of | 24 |
| Investigation's Combined DNA Index System (CODIS) policies. | 25 |
| The standardized evidence collection kit for
the State of | 26 |
| Illinois shall be the Illinois State Police Sexual Assault | 27 |
| Evidence Collection Kit
State Police Evidence Collection Kit, | 28 |
| also
known as "S.P.E.C.K." .
A sexual assault evidence | 29 |
| collection kit may not be released by a hospital
without the | 30 |
| written consent of the sexual assault survivor. In the case of | 31 |
| a
survivor who is a minor 13 years of age or older, evidence | 32 |
| and
information concerning the alleged sexual assault may be | 33 |
| released at the
written request of the minor. If the survivor | 34 |
| is a minor who is under 13 years
of age, evidence and | 35 |
| information concerning the alleged sexual assault may be
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| released at the written request of the parent, guardian, | 2 |
| investigating law
enforcement officer, or Department of | 3 |
| Children and Family Services. Any health
care professional, | 4 |
| including any physician, advanced practice nurse, physician | 5 |
| assistant, or nurse, sexual assault nurse
examiner, and any | 6 |
| health care
institution, including any hospital, who provides | 7 |
| evidence or information to a
law enforcement officer pursuant | 8 |
| to a written request as specified in this
Section is immune | 9 |
| from any civil or professional liability that might arise
from | 10 |
| those actions, with the exception of willful or wanton | 11 |
| misconduct. The
immunity provision applies only if all of the | 12 |
| requirements of this Section are
met.
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| (a-5) All sexual assault evidence collected using the State | 14 |
| Police Evidence Collection Kits before January 1, 2005 ( the | 15 |
| effective date of Public Act 93-781)
this amendatory Act of the | 16 |
| 93rd General Assembly that have not been previously analyzed | 17 |
| and tested by the Department of State Police shall be analyzed | 18 |
| and tested within 2 years after receipt of all necessary | 19 |
| evidence and standards into the State Police Laboratory if | 20 |
| sufficient staffing and resources are available. All sexual | 21 |
| assault evidence collected using the State Police Evidence | 22 |
| Collection Kits on or after January 1, 2005 ( the effective date | 23 |
| of Public Act 93-781) this amendatory Act of the 93rd General | 24 |
| Assembly shall be analyzed and tested by the Department of | 25 |
| State Police within one year after receipt of all necessary | 26 |
| evidence and standards into the State Police Laboratory if | 27 |
| sufficient staffing and resources are available.
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| (b) The Illinois State Police shall administer a program to | 29 |
| train hospitals
and hospital personnel participating in the | 30 |
| sexual assault evidence collection
program, in the correct use | 31 |
| and application of the sexual assault evidence
collection kits. | 32 |
| A sexual assault nurse examiner may conduct
examinations using | 33 |
| the sexual assault evidence collection kits, without the
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| presence or participation of a physician. The Department of | 35 |
| Public Health
shall
cooperate with the Illinois State Police in | 36 |
| this
program as it pertains to medical aspects of the evidence |
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| collection.
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| (c) In this Section, "sexual assault nurse examiner" means | 3 |
| a registered
nurse
who has completed a sexual assault nurse | 4 |
| examiner (SANE) training program that
meets the Forensic Sexual | 5 |
| Assault Nurse Examiner Education Guidelines
established by the | 6 |
| International Association of Forensic Nurses.
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| (Source: P.A. 92-514, eff. 1-1-02; 93-781, eff. 1-1-05; 93-962, | 8 |
| eff. 8-20-04; revised 10-14-04.)
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| (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
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| Sec. 7. Hospital charges and reimbursement. When any | 11 |
| hospital , health care facility,
or ambulance provider | 12 |
| furnishes forensic and emergency medical services, follow-up | 13 |
| care, or ambulance
emergency services to any alleged sexual
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| assault survivor, as defined by the Department of Healthcare | 15 |
| and Family Services
Public Aid pursuant to
Section 6.3 of this | 16 |
| Act, who is neither eligible to
receive such services under the | 17 |
| Illinois Public Aid Code nor covered as
to such services by a | 18 |
| policy of insurance, the hospital , health care facility, and | 19 |
| ambulance provider
shall furnish such services to that person | 20 |
| without charge and shall
be entitled to be reimbursed for its | 21 |
| appropriate
billed charges in
providing such services by the | 22 |
| Department of Healthcare and Family Services
Public Aid .
| 23 |
| (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised | 24 |
| 12-15-05.)
| 25 |
| (410 ILCS 70/3 rep.)
| 26 |
| (410 ILCS 70/4 rep.)
| 27 |
| Section 10. The Sexual Assault Survivors Emergency | 28 |
| Treatment Act is amended by repealing Sections 3 and 4.
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