Full Text of SB0970 102nd General Assembly
SB0970sam003 102ND GENERAL ASSEMBLY | Sen. Rachelle Crowe Filed: 3/28/2022
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| 1 | | AMENDMENT TO SENATE BILL 970
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 970, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Sexual Assault Survivors Emergency | 6 | | Treatment Act is amended by changing Sections 1a, 1a-1, 2, | 7 | | 2-1, 2.1, 2.1-1, 5, 5-1, and 5.4 and by adding Section 1b as | 8 | | follows:
| 9 | | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| 10 | | Sec. 1a. Definitions. | 11 | | (a) In this Act:
| 12 | | "Advanced practice registered nurse" has the meaning | 13 | | provided in Section 50-10 of the Nurse Practice Act. | 14 | | "Ambulance provider" means an individual or entity that | 15 | | owns and operates a business or service using ambulances or | 16 | | emergency medical services vehicles to transport emergency |
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| 1 | | patients.
| 2 | | "Approved pediatric health care facility" means a health | 3 | | care facility, other than a hospital, with a sexual assault | 4 | | treatment plan approved by the Department to provide medical | 5 | | forensic services to : (A) pediatric sexual assault survivors | 6 | | who present with a complaint of sexual assault within a | 7 | | minimum of 96 hours the last 7 days or who have disclosed past | 8 | | sexual assault by a specific individual and were in the care of | 9 | | that individual within a minimum of 96 hours; and (B) sexual | 10 | | assault survivors at least 13 years of age but under 18 years | 11 | | of age who present with a complaint of sexual assault within a | 12 | | minimum of the last 7 days or who have disclosed past sexual | 13 | | assault by a specific individual and were in the care of that | 14 | | individual within a minimum of the last 7 days. | 15 | | "Areawide sexual assault treatment plan" means a plan, | 16 | | developed by hospitals or by hospitals and approved pediatric | 17 | | health care facilities in a community or area to be served, | 18 | | which provides for medical forensic services to sexual assault | 19 | | survivors that shall be made available by each of the | 20 | | participating hospitals and approved pediatric health care | 21 | | facilities.
| 22 | | "Board-certified child abuse pediatrician" means a | 23 | | physician certified by the American Board of Pediatrics in | 24 | | child abuse pediatrics. | 25 | | "Board-eligible child abuse pediatrician" means a | 26 | | physician who has completed the requirements set forth by the |
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| 1 | | American Board of Pediatrics to take the examination for | 2 | | certification in child abuse pediatrics. | 3 | | "Department" means the Department of Public Health.
| 4 | | "Emergency contraception" means medication as approved by | 5 | | the federal Food and Drug Administration (FDA) that can | 6 | | significantly reduce the risk of pregnancy if taken within 72 | 7 | | hours after sexual assault.
| 8 | | "Follow-up healthcare" means healthcare services related | 9 | | to a sexual assault, including laboratory services and | 10 | | pharmacy services, rendered within 90 days of the initial | 11 | | visit for medical forensic services.
| 12 | | "Health care professional" means a physician, a physician | 13 | | assistant, a sexual assault forensic examiner, an advanced | 14 | | practice registered nurse, a registered professional nurse, a | 15 | | licensed practical nurse, or a sexual assault nurse examiner.
| 16 | | "Hospital" means a hospital licensed under the Hospital | 17 | | Licensing Act or operated under the University of Illinois | 18 | | Hospital Act, any outpatient center included in the hospital's | 19 | | sexual assault treatment plan where hospital employees provide | 20 | | medical forensic services, and an out-of-state hospital that | 21 | | has consented to the jurisdiction of the Department under | 22 | | Section 2.06.
| 23 | | "Illinois State Police Sexual Assault Evidence Collection | 24 | | Kit" means a prepackaged set of materials and forms to be used | 25 | | for the collection of evidence relating to sexual assault. The | 26 | | standardized evidence collection kit for the State of Illinois |
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| 1 | | shall be the Illinois State Police Sexual Assault Evidence | 2 | | Collection Kit.
| 3 | | "Law enforcement agency having jurisdiction" means the law | 4 | | enforcement agency in the jurisdiction where an alleged sexual | 5 | | assault or sexual abuse occurred. | 6 | | "Licensed practical nurse" has the meaning provided in | 7 | | Section 50-10 of the Nurse Practice Act. | 8 | | "Medical forensic services" means health care delivered to | 9 | | patients within or under the care and supervision of personnel | 10 | | working in a designated emergency department of a hospital or | 11 | | an approved pediatric health care facility. "Medical forensic | 12 | | services" includes, but is not limited to, taking a medical | 13 | | history, performing photo documentation, performing a physical | 14 | | and anogenital examination, assessing the patient for evidence | 15 | | collection, collecting evidence in accordance with a statewide | 16 | | sexual assault evidence collection program administered by the | 17 | | Illinois State Police using the Illinois State Police Sexual | 18 | | Assault Evidence Collection Kit, if appropriate, assessing the | 19 | | patient for drug-facilitated or alcohol-facilitated sexual | 20 | | assault, providing an evaluation of and care for sexually | 21 | | transmitted infection and human immunodeficiency virus (HIV), | 22 | | pregnancy risk evaluation and care, and discharge and | 23 | | follow-up healthcare planning. | 24 | | "Pediatric health care facility" means a clinic or | 25 | | physician's office that provides medical services to patients | 26 | | under the age of 18 pediatric patients . |
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| 1 | | "Pediatric sexual assault survivor" means a person under | 2 | | the age of 13 who presents for medical forensic services in | 3 | | relation to injuries or trauma resulting from a sexual | 4 | | assault. | 5 | | "Photo documentation" means digital photographs or | 6 | | colposcope videos stored and backed up securely in the | 7 | | original file format. | 8 | | "Physician" means a person licensed to practice medicine | 9 | | in all its branches.
| 10 | | "Physician assistant" has the meaning provided in Section | 11 | | 4 of the Physician Assistant Practice Act of 1987. | 12 | | "Prepubescent sexual assault survivor" means a female who | 13 | | is under the age of 18 years and has not had a first menstrual | 14 | | cycle or a male who is under the age of 18 years and has not | 15 | | started to develop secondary sex characteristics who presents | 16 | | for medical forensic services in relation to injuries or | 17 | | trauma resulting from a sexual assault. | 18 | | "Qualified medical provider" means a board-certified child | 19 | | abuse pediatrician, board-eligible child abuse pediatrician, a | 20 | | sexual assault forensic examiner, or a sexual assault nurse | 21 | | examiner who has access to photo documentation tools, and who | 22 | | participates in peer review. | 23 | | "Registered Professional Nurse" has the meaning provided | 24 | | in Section 50-10 of the Nurse Practice Act. | 25 | | "Sexual assault" means: | 26 | | (1) an act of sexual conduct; as used in this |
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| 1 | | paragraph, "sexual conduct" has the meaning provided under | 2 | | Section 11-0.1 of the Criminal Code of 2012; or | 3 | | (2) any act of sexual penetration; as used in this | 4 | | paragraph, "sexual penetration" has the meaning provided | 5 | | under Section 11-0.1 of the Criminal Code of 2012 and | 6 | | includes, without limitation, acts prohibited under | 7 | | Sections 11-1.20 through 11-1.60 of the Criminal Code of | 8 | | 2012.
| 9 | | "Sexual assault forensic examiner" means a physician or | 10 | | physician assistant who has completed training that meets or | 11 | | is substantially similar to the Sexual Assault Nurse Examiner | 12 | | Education Guidelines established by the International | 13 | | Association of Forensic Nurses. | 14 | | "Sexual assault nurse examiner" means an advanced practice | 15 | | registered nurse or registered professional nurse who has | 16 | | completed a sexual assault nurse examiner training program | 17 | | that meets the Sexual Assault Nurse Examiner Education | 18 | | Guidelines established by the International Association of | 19 | | Forensic Nurses. | 20 | | "Sexual assault services voucher" means a document | 21 | | generated by a hospital or approved pediatric health care | 22 | | facility at the time the sexual assault survivor receives | 23 | | outpatient medical forensic services that may be used to seek | 24 | | payment for any ambulance services, medical forensic services, | 25 | | laboratory services, pharmacy services, and follow-up | 26 | | healthcare provided as a result of the sexual assault. |
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| 1 | | "Sexual assault survivor" means a person who presents for | 2 | | medical forensic services in relation to injuries or trauma | 3 | | resulting from a sexual assault.
| 4 | | "Sexual assault transfer plan" means a written plan | 5 | | developed by a hospital and approved by the Department, which | 6 | | describes the hospital's procedures for transferring sexual | 7 | | assault survivors to another hospital, and an approved | 8 | | pediatric health care facility, if applicable, in order to | 9 | | receive medical forensic services. | 10 | | "Sexual assault treatment plan" means a written plan that | 11 | | describes the procedures and protocols for providing medical | 12 | | forensic services to sexual assault survivors who present | 13 | | themselves for such services, either directly or through | 14 | | transfer from a hospital or an approved pediatric health care | 15 | | facility.
| 16 | | "Transfer hospital" means a hospital with a sexual assault | 17 | | transfer plan approved by the Department. | 18 | | "Transfer services" means the appropriate medical | 19 | | screening examination and necessary stabilizing treatment | 20 | | prior to the transfer of a sexual assault survivor to a | 21 | | hospital or an approved pediatric health care facility that | 22 | | provides medical forensic services to sexual assault survivors | 23 | | pursuant to a sexual assault treatment plan or areawide sexual | 24 | | assault treatment plan.
| 25 | | "Treatment hospital" means a hospital with a sexual | 26 | | assault treatment plan approved by the Department to provide |
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| 1 | | medical forensic services to : (A) all sexual assault survivors | 2 | | 13 years of age or older who present with a complaint of sexual | 3 | | assault within a minimum of the last 7 days or who have | 4 | | disclosed past sexual assault by a specific individual and | 5 | | were in the care of that individual within a minimum of the | 6 | | last 7 days ; and (B) pediatric sexual assault survivors who | 7 | | present with a complaint of sexual assault within a minimum of | 8 | | 96 hours or who have disclosed past sexual assault by a | 9 | | specific individual and were in the care of that individual | 10 | | within a minimum of 96 hours . | 11 | | "Treatment hospital with approved pediatric transfer" | 12 | | means a hospital with a treatment plan approved by the | 13 | | Department to provide medical forensic services to sexual | 14 | | assault survivors 13 years old or older who present with a | 15 | | complaint of sexual assault within a minimum of the last 7 days | 16 | | or who have disclosed past sexual assault by a specific | 17 | | individual and were in the care of that individual within a | 18 | | minimum of the last 7 days. | 19 | | (b) This Section is effective on and after January 1, 2024 | 20 | | 2022 . | 21 | | (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; | 22 | | 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. | 23 | | 11-30-21; revised 12-16-21.)
| 24 | | (410 ILCS 70/1a-1) | 25 | | (Section scheduled to be repealed on December 31, 2023) |
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| 1 | | Sec. 1a-1. Definitions. | 2 | | (a) In this Act: | 3 | | "Advanced practice registered nurse" has the meaning | 4 | | provided in Section 50-10 of the Nurse Practice Act. | 5 | | "Ambulance provider" means an individual or entity that | 6 | | owns and operates a business or service using ambulances or | 7 | | emergency medical services vehicles to transport emergency | 8 | | patients. | 9 | | "Approved pediatric health care facility" means a health | 10 | | care facility, other than a hospital, with a sexual assault | 11 | | treatment plan approved by the Department to provide medical | 12 | | forensic services to : (A) pediatric sexual assault survivors | 13 | | who present with a complaint of sexual assault within a | 14 | | minimum of 96 hours the last 7 days or who have disclosed past | 15 | | sexual assault by a specific individual and were in the care of | 16 | | that individual within a minimum of 96 hours; and (B) sexual | 17 | | assault survivors at least 13 years of age but under 18 years | 18 | | of age who present with a complaint of sexual assault within a | 19 | | minimum of the last 7 days or who have disclosed past sexual | 20 | | assault by a specific individual and were in the care of that | 21 | | individual within a minimum of the last 7 days. | 22 | | "Approved federally qualified health center" means a | 23 | | facility as defined in Section 1905(l)(2)(B) of the federal | 24 | | Social Security Act with a sexual assault treatment plan | 25 | | approved by the Department to provide medical forensic | 26 | | services to sexual assault survivors 13 years old or older who |
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| 1 | | present with a complaint of sexual assault within a minimum of | 2 | | the last 7 days or who have disclosed past sexual assault by a | 3 | | specific individual and were in the care of that individual | 4 | | within a minimum of the last 7 days. | 5 | | "Areawide sexual assault treatment plan" means a plan, | 6 | | developed by hospitals or by hospitals, approved pediatric | 7 | | health care facilities, and approved federally qualified | 8 | | health centers in a community or area to be served, which | 9 | | provides for medical forensic services to sexual assault | 10 | | survivors that shall be made available by each of the | 11 | | participating hospitals and approved pediatric health care | 12 | | facilities. | 13 | | "Board-certified child abuse pediatrician" means a | 14 | | physician certified by the American Board of Pediatrics in | 15 | | child abuse pediatrics. | 16 | | "Board-eligible child abuse pediatrician" means a | 17 | | physician who has completed the requirements set forth by the | 18 | | American Board of Pediatrics to take the examination for | 19 | | certification in child abuse pediatrics. | 20 | | "Department" means the Department of Public Health. | 21 | | "Emergency contraception" means medication as approved by | 22 | | the federal Food and Drug Administration (FDA) that can | 23 | | significantly reduce the risk of pregnancy if taken within 72 | 24 | | hours after sexual assault. | 25 | | "Federally qualified health center" means a facility as | 26 | | defined in Section 1905(l)(2)(B) of the federal Social |
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| 1 | | Security Act that provides primary care or sexual health | 2 | | services. | 3 | | "Follow-up healthcare" means healthcare services related | 4 | | to a sexual assault, including laboratory services and | 5 | | pharmacy services, rendered within 90 days of the initial | 6 | | visit for medical forensic services. | 7 | | "Health care professional" means a physician, a physician | 8 | | assistant, a sexual assault forensic examiner, an advanced | 9 | | practice registered nurse, a registered professional nurse, a | 10 | | licensed practical nurse, or a sexual assault nurse examiner. | 11 | | "Hospital" means a hospital licensed under the Hospital | 12 | | Licensing Act or operated under the University of Illinois | 13 | | Hospital Act, any outpatient center included in the hospital's | 14 | | sexual assault treatment plan where hospital employees provide | 15 | | medical forensic services, and an out-of-state hospital that | 16 | | has consented to the jurisdiction of the Department under | 17 | | Section 2.06-1. | 18 | | "Illinois State Police Sexual Assault Evidence Collection | 19 | | Kit" means a prepackaged set of materials and forms to be used | 20 | | for the collection of evidence relating to sexual assault. The | 21 | | standardized evidence collection kit for the State of Illinois | 22 | | shall be the Illinois State Police Sexual Assault Evidence | 23 | | Collection Kit. | 24 | | "Law enforcement agency having jurisdiction" means the law | 25 | | enforcement agency in the jurisdiction where an alleged sexual | 26 | | assault or sexual abuse occurred. |
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| 1 | | "Licensed practical nurse" has the meaning provided in | 2 | | Section 50-10 of the Nurse Practice Act. | 3 | | "Medical forensic services" means health care delivered to | 4 | | patients within or under the care and supervision of personnel | 5 | | working in a designated emergency department of a hospital, | 6 | | approved pediatric health care facility, or an approved | 7 | | federally qualified health centers. | 8 | | "Medical forensic services" includes, but is not limited | 9 | | to, taking a medical history, performing photo documentation, | 10 | | performing a physical and anogenital examination, assessing | 11 | | the patient for evidence collection, collecting evidence in | 12 | | accordance with a statewide sexual assault evidence collection | 13 | | program administered by the Department of State Police using | 14 | | the Illinois State Police Sexual Assault Evidence Collection | 15 | | Kit, if appropriate, assessing the patient for | 16 | | drug-facilitated or alcohol-facilitated sexual assault, | 17 | | providing an evaluation of and care for sexually transmitted | 18 | | infection and human immunodeficiency virus (HIV), pregnancy | 19 | | risk evaluation and care, and discharge and follow-up | 20 | | healthcare planning. | 21 | | "Pediatric health care facility" means a clinic or | 22 | | physician's office that provides medical services to patients | 23 | | under the age of 18 pediatric patients . | 24 | | "Pediatric sexual assault survivor" means a person under | 25 | | the age of 13 who presents for medical forensic services in | 26 | | relation to injuries or trauma resulting from a sexual |
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| 1 | | assault. | 2 | | "Photo documentation" means digital photographs or | 3 | | colposcope videos stored and backed up securely in the | 4 | | original file format. | 5 | | "Physician" means a person licensed to practice medicine | 6 | | in all its branches. | 7 | | "Physician assistant" has the meaning provided in Section | 8 | | 4 of the Physician Assistant Practice Act of 1987. | 9 | | "Prepubescent sexual assault survivor" means a female who | 10 | | is under the age of 18 years and has not had a first menstrual | 11 | | cycle or a male who is under the age of 18 years and has not | 12 | | started to develop secondary sex characteristics who presents | 13 | | for medical forensic services in relation to injuries or | 14 | | trauma resulting from a sexual assault. | 15 | | "Qualified medical provider" means a board-certified child | 16 | | abuse pediatrician, board-eligible child abuse pediatrician, a | 17 | | sexual assault forensic examiner, or a sexual assault nurse | 18 | | examiner who has access to photo documentation tools, and who | 19 | | participates in peer review. | 20 | | "Registered Professional Nurse" has the meaning provided | 21 | | in Section 50-10 of the Nurse Practice Act. | 22 | | "Sexual assault" means: | 23 | | (1) an act of sexual conduct; as used in this | 24 | | paragraph, "sexual conduct" has the meaning provided under | 25 | | Section 11-0.1 of the Criminal Code of 2012; or | 26 | | (2) any act of sexual penetration; as used in this |
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| 1 | | paragraph, "sexual penetration" has the meaning provided | 2 | | under Section 11-0.1 of the Criminal Code of 2012 and | 3 | | includes, without limitation, acts prohibited under | 4 | | Sections 11-1.20 through 11-1.60 of the Criminal Code of | 5 | | 2012. | 6 | | "Sexual assault forensic examiner" means a physician or | 7 | | physician assistant who has completed training that meets or | 8 | | is substantially similar to the Sexual Assault Nurse Examiner | 9 | | Education Guidelines established by the International | 10 | | Association of Forensic Nurses. | 11 | | "Sexual assault nurse examiner" means an advanced practice | 12 | | registered nurse or registered professional nurse who has | 13 | | completed a sexual assault nurse examiner training program | 14 | | that meets the Sexual Assault Nurse Examiner Education | 15 | | Guidelines established by the International Association of | 16 | | Forensic Nurses. | 17 | | "Sexual assault services voucher" means a document | 18 | | generated by a hospital or approved pediatric health care | 19 | | facility at the time the sexual assault survivor receives | 20 | | outpatient medical forensic services that may be used to seek | 21 | | payment for any ambulance services, medical forensic services, | 22 | | laboratory services, pharmacy services, and follow-up | 23 | | healthcare provided as a result of the sexual assault. | 24 | | "Sexual assault survivor" means a person who presents for | 25 | | medical forensic services in relation to injuries or trauma | 26 | | resulting from a sexual assault. |
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| 1 | | "Sexual assault transfer plan" means a written plan | 2 | | developed by a hospital and approved by the Department, which | 3 | | describes the hospital's procedures for transferring sexual | 4 | | assault survivors to another hospital, and an approved | 5 | | pediatric health care facility, if applicable, in order to | 6 | | receive medical forensic services. | 7 | | "Sexual assault treatment plan" means a written plan that | 8 | | describes the procedures and protocols for providing medical | 9 | | forensic services to sexual assault survivors who present | 10 | | themselves for such services, either directly or through | 11 | | transfer from a hospital or an approved pediatric health care | 12 | | facility. | 13 | | "Transfer hospital" means a hospital with a sexual assault | 14 | | transfer plan approved by the Department. | 15 | | "Transfer services" means the appropriate medical | 16 | | screening examination and necessary stabilizing treatment | 17 | | prior to the transfer of a sexual assault survivor to a | 18 | | hospital or an approved pediatric health care facility that | 19 | | provides medical forensic services to sexual assault survivors | 20 | | pursuant to a sexual assault treatment plan or areawide sexual | 21 | | assault treatment plan. | 22 | | "Treatment hospital" means a hospital with a sexual | 23 | | assault treatment plan approved by the Department to provide | 24 | | medical forensic services to : (A) all sexual assault survivors | 25 | | 13 years of age or older who present with a complaint of sexual | 26 | | assault within a minimum of the last 7 days or who have |
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| 1 | | disclosed past sexual assault by a specific individual and | 2 | | were in the care of that individual within a minimum of the | 3 | | last 7 days ; and (B) pediatric sexual assault survivors who | 4 | | present with a complaint of sexual assault within a minimum of | 5 | | 96 hours or who have disclosed past sexual assault by a | 6 | | specific individual and were in the care of that individual | 7 | | within a minimum of 96 hours . | 8 | | "Treatment hospital with approved pediatric transfer" | 9 | | means a hospital with a treatment plan approved by the | 10 | | Department to provide medical forensic services to sexual | 11 | | assault survivors 13 years old or older who present with a | 12 | | complaint of sexual assault within a minimum of the last 7 days | 13 | | or who have disclosed past sexual assault by a specific | 14 | | individual and were in the care of that individual within a | 15 | | minimum of the last 7 days. | 16 | | (b) This Section is repealed on December 31, 2023.
| 17 | | (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; | 18 | | 102-674, eff. 11-30-21.) | 19 | | (410 ILCS 70/1b new) | 20 | | Sec. 1b. Subsequent medical forensic services; pediatric | 21 | | sexual assault survivors. Medical forensic services, as | 22 | | defined in this Act, including the evidence collection kit, | 23 | | may be offered to pediatric sexual assault survivors who | 24 | | present with a complaint of sexual assault or who have | 25 | | disclosed past sexual assault past 96 hours at the clinical |
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| 1 | | discretion of the qualified medical provider. All pediatric | 2 | | sexual assault survivors have access to a multidisciplinary | 3 | | team as defined in Section 2.5 of the Children's Advocacy | 4 | | Center Act. A member of the multidisciplinary team may access | 5 | | a qualified medical provider to determine the need for | 6 | | evidence collection beyond 96 hours.
| 7 | | (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
| 8 | | Sec. 2. Hospital and approved pediatric health care | 9 | | facility requirements for sexual assault plans.
| 10 | | (a) Every hospital
required to be licensed by the | 11 | | Department pursuant to
the Hospital Licensing Act, or operated | 12 | | under the University of Illinois Hospital Act that provides | 13 | | general medical and surgical hospital services
shall provide | 14 | | either (i) transfer services to all sexual assault survivors, | 15 | | (ii) medical forensic services to all sexual assault | 16 | | survivors, or (iii) transfer services to pediatric sexual | 17 | | assault survivors and medical forensic services to sexual | 18 | | assault survivors 13 years old or older, in accordance with | 19 | | rules adopted by the Department.
| 20 | | In addition, every such hospital, regardless of whether or | 21 | | not a request
is made for reimbursement, shall submit
to the | 22 | | Department a plan to provide either (i) transfer services to | 23 | | all sexual assault survivors, (ii) medical forensic services | 24 | | to all sexual assault survivors, or (iii) transfer services to | 25 | | pediatric sexual assault survivors and medical forensic |
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| 1 | | services to sexual assault survivors 13 years old or older | 2 | | within the time frame established by the Department .
The
| 3 | | Department shall approve such plan for
either (i) transfer | 4 | | services to all sexual assault survivors, (ii) medical | 5 | | forensic services
to all sexual assault survivors, or (iii) | 6 | | transfer services to pediatric sexual assault survivors and | 7 | | medical forensic services to sexual assault survivors 13 years | 8 | | old or older, if it finds that the implementation of
the | 9 | | proposed plan would provide (i) transfer services or (ii) | 10 | | medical forensic services for
sexual assault survivors in | 11 | | accordance with the requirements of this Act and provide | 12 | | sufficient protections from the
risk of pregnancy to
sexual | 13 | | assault survivors. Notwithstanding anything to the contrary in | 14 | | this paragraph, the Department may approve a sexual assault | 15 | | transfer plan for the provision of medical forensic services | 16 | | if: | 17 | | (1) a treatment hospital with approved pediatric | 18 | | transfer has agreed, as part of an areawide treatment | 19 | | plan, to accept sexual assault survivors 13 years of age | 20 | | or older from the proposed transfer hospital, if the | 21 | | treatment 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 | 25 | | unduly 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 | 6 | | plan unless a treatment hospital has agreed, as a part of an | 7 | | areawide treatment plan, to accept sexual assault survivors | 8 | | from the proposed transfer hospital and a transfer to the | 9 | | treatment hospital would not unduly burden the sexual assault | 10 | | survivor. | 11 | | In counties with a population of less than 1,000,000, the | 12 | | Department may not approve a sexual assault transfer plan for | 13 | | a hospital located within a 20-mile radius of a 4-year public | 14 | | university, not including community colleges, unless there is | 15 | | a treatment hospital or out-of-state hospital with a sexual | 16 | | assault treatment plan approved by the Department within a | 17 | | 30-mile 20-mile radius of the 4-year public university. A | 18 | | hospital located within a 20-mile radius of a 4-year public | 19 | | university, not including community colleges, may be approved | 20 | | as a treatment hospital with pediatric transfer if there is a | 21 | | treatment hospital or out-of-state hospital with a sexual | 22 | | assault treatment plan within a 30-mile radius of the 4-year | 23 | | public university. | 24 | | A transfer must be in accordance with federal and State | 25 | | laws and local ordinances. | 26 | | A treatment hospital with approved pediatric transfer must |
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| 1 | | submit an areawide treatment plan under Section 3 of this Act | 2 | | that includes a written agreement with a treatment hospital | 3 | | stating that the treatment hospital will provide medical | 4 | | forensic services to pediatric sexual assault survivors | 5 | | transferred from the treatment hospital with approved | 6 | | pediatric transfer. The areawide treatment plan may also | 7 | | include an approved pediatric health care facility. | 8 | | A transfer hospital must submit an areawide treatment plan | 9 | | under Section 3 of this Act that includes a written agreement | 10 | | with a treatment hospital stating that the treatment hospital | 11 | | will provide medical forensic services to all sexual assault | 12 | | survivors transferred from the transfer hospital. The areawide | 13 | | treatment plan may also include an approved pediatric health | 14 | | care facility. Notwithstanding anything to the contrary in | 15 | | this paragraph, the areawide treatment plan may include a | 16 | | written agreement with a treatment hospital with approved | 17 | | pediatric transfer that is geographically closer than other | 18 | | hospitals providing medical forensic services to sexual | 19 | | assault survivors 13 years of age or older stating that the | 20 | | treatment hospital with approved pediatric transfer will | 21 | | provide medical services to sexual assault survivors 13 years | 22 | | of age or older who are transferred from the transfer | 23 | | hospital. If the areawide treatment plan includes a written | 24 | | agreement with a treatment hospital with approved pediatric | 25 | | transfer, it must also include a written agreement with a | 26 | | treatment hospital stating that the treatment hospital will |
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| 1 | | provide medical forensic services to sexual assault survivors | 2 | | under 13 years of age who are transferred from the transfer | 3 | | hospital. | 4 | | Beginning January 1, 2019, each treatment hospital and | 5 | | treatment hospital with approved pediatric transfer shall | 6 | | ensure that emergency department attending physicians, | 7 | | physician assistants, advanced practice registered nurses, and | 8 | | registered professional nurses providing clinical services, | 9 | | who do not meet the definition of a qualified medical provider | 10 | | in Section 1a of this Act, receive a minimum of 2 hours of | 11 | | sexual assault training by July 1, 2020 or until the treatment | 12 | | hospital or treatment hospital with approved pediatric | 13 | | transfer certifies to the Department, in a form and manner | 14 | | prescribed by the Department, that it employs or contracts | 15 | | with a qualified medical provider in accordance with | 16 | | subsection (a-7) of Section 5, whichever occurs first. | 17 | | After July 1, 2020 or once a treatment hospital or a | 18 | | treatment hospital with approved pediatric transfer certifies | 19 | | compliance with subsection (a-7) of Section 5, whichever | 20 | | occurs first, each treatment hospital and treatment hospital | 21 | | with approved pediatric transfer shall ensure that emergency | 22 | | department attending physicians, physician assistants, | 23 | | advanced practice registered nurses, and registered | 24 | | professional nurses providing clinical services, who do not | 25 | | meet the definition of a qualified medical provider in Section | 26 | | 1a of this Act, receive a minimum of 2 hours of continuing |
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| 1 | | education on responding to sexual assault survivors every 2 | 2 | | years. Protocols for training shall be included in the | 3 | | hospital's sexual assault treatment plan. | 4 | | Sexual assault training provided under this subsection may | 5 | | be provided in person or online and shall include, but not be | 6 | | limited to: | 7 | | (1) information provided on the provision of medical | 8 | | forensic services; | 9 | | (2) information on the use of the Illinois Sexual | 10 | | Assault Evidence Collection Kit; | 11 | | (3) information on sexual assault epidemiology, | 12 | | neurobiology of trauma, drug-facilitated sexual assault, | 13 | | child sexual abuse, and Illinois sexual assault-related | 14 | | laws; and | 15 | | (4) information on the hospital's sexual | 16 | | assault-related policies and procedures. | 17 | | The online training made available by the Office of the | 18 | | Attorney General under subsection (b) of Section 10 may be | 19 | | used to comply with this subsection. | 20 | | (a-5) A hospital must submit a plan to provide either (i) | 21 | | transfer services to all sexual assault survivors, (ii) | 22 | | medical forensic services to all sexual assault survivors, or | 23 | | (iii) transfer services to pediatric sexual assault survivors | 24 | | and medical forensic services to sexual assault survivors 13 | 25 | | years old or older as required in subsection (a) of this | 26 | | Section within 60 days of the Department's request. Failure to |
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| 1 | | submit a plan as described in this subsection shall subject a | 2 | | hospital to the imposition of a fine by the Department. The | 3 | | Department may impose a fine of up to $500 per day until the | 4 | | hospital submits a plan as described in this subsection. | 5 | | (a-10) Upon receipt of a plan as described in subsection | 6 | | (a-5), the Department shall notify the hospital whether or not | 7 | | the plan is acceptable. If the Department determines that the | 8 | | plan is unacceptable, the hospital must submit a modified plan | 9 | | within 10 days of service of the notification. If the | 10 | | Department determines that the modified plan is unacceptable, | 11 | | or if the hospital fails to submit a modified plan within 10 | 12 | | days, the Department may impose a fine of up to $500 per day | 13 | | until an acceptable plan has been submitted, as determined by | 14 | | the Department. | 15 | | (b) An approved pediatric health care facility may provide | 16 | | medical forensic services, in accordance with rules adopted by | 17 | | the Department, to all pediatric sexual assault survivors who | 18 | | present for medical forensic services in relation to injuries | 19 | | or trauma resulting from a sexual assault. These services | 20 | | shall be provided by a qualified medical provider. | 21 | | A pediatric health care facility must participate in or | 22 | | submit an areawide treatment plan under Section 3 of this Act | 23 | | that includes a treatment hospital. If a pediatric health care | 24 | | facility does not provide certain medical or surgical services | 25 | | that are provided by hospitals, the areawide sexual assault | 26 | | treatment plan must include a procedure for ensuring a sexual |
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| 1 | | assault survivor in need of such medical or surgical services | 2 | | receives the services at the treatment hospital. The areawide | 3 | | treatment plan may also include a treatment hospital with | 4 | | approved pediatric transfer. | 5 | | The Department shall review a proposed sexual assault | 6 | | treatment plan submitted by a pediatric health care facility | 7 | | within 60 days after receipt of the plan. If the Department | 8 | | finds that the proposed plan meets the minimum requirements | 9 | | set forth in Section 5 of this Act and that implementation of | 10 | | the proposed plan would provide medical forensic services for | 11 | | pediatric sexual assault survivors, then the Department shall | 12 | | approve the plan. If the Department does not approve a plan, | 13 | | then the Department shall notify the pediatric health care | 14 | | facility that the proposed plan has not been approved. The | 15 | | pediatric health care facility shall have 30 days to submit a | 16 | | revised plan. The Department shall review the revised plan | 17 | | within 30 days after receipt of the plan and notify the | 18 | | pediatric health care facility whether the revised plan is | 19 | | approved or rejected. Until the Department has approved a | 20 | | treatment plan, a A pediatric health care facility may not | 21 | | provide medical forensic services to pediatric sexual assault | 22 | | survivors who present with a complaint of sexual assault | 23 | | within a minimum of 96 hours the last 7 days or who have | 24 | | disclosed past sexual assault by a specific individual and | 25 | | were in the care of that individual within a minimum of 96 | 26 | | hours the last 7 days until the Department has approved a |
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| 1 | | treatment plan . | 2 | | If an approved pediatric health care facility is not open | 3 | | 24 hours a day, 7 days a week, it shall post signage at each | 4 | | public entrance to its facility that: | 5 | | (1) is at least 14 inches by 14 inches in size; | 6 | | (2) directs those seeking services as follows: "If | 7 | | closed, call 911 for services or go to the closest | 8 | | hospital emergency department, (insert name) located at | 9 | | (insert address)."; | 10 | | (3) lists the approved pediatric health care | 11 | | facility's hours of operation; | 12 | | (4) lists the street address of the building; | 13 | | (5) has a black background with white bold capital | 14 | | lettering in a clear and easy to read font that is at least | 15 | | 72-point type, and with "call 911" in at least 125-point | 16 | | type; | 17 | | (6) is posted clearly and conspicuously on or adjacent | 18 | | to the door at each entrance and, if building materials | 19 | | allow, is posted internally for viewing through glass; if | 20 | | posted externally, the sign shall be made of | 21 | | weather-resistant and theft-resistant materials, | 22 | | non-removable, and adhered permanently to the building; | 23 | | and | 24 | | (7) has lighting that is part of the sign itself or is | 25 | | lit with a dedicated light that fully illuminates the | 26 | | sign. |
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| 1 | | A copy of the proposed sign must be submitted to the | 2 | | Department and approved as part of the approved pediatric | 3 | | health care facility's sexual assault treatment plan. | 4 | | (c) Each treatment hospital, treatment hospital with | 5 | | approved pediatric transfer, and approved pediatric health | 6 | | care facility must enter into a memorandum of understanding | 7 | | with a rape crisis center for medical advocacy services, if | 8 | | these services are available to the treatment hospital, | 9 | | treatment hospital with approved pediatric transfer, or | 10 | | approved pediatric health care facility. With the consent of | 11 | | the sexual assault survivor, a rape crisis counselor shall | 12 | | remain in the exam room during the collection for forensic | 13 | | evidence. | 14 | | (d) Every treatment hospital, treatment hospital with | 15 | | approved pediatric transfer, and approved pediatric health | 16 | | care facility's sexual assault treatment plan shall include | 17 | | procedures for complying with mandatory reporting requirements | 18 | | pursuant to (1) the Abused and Neglected Child Reporting Act; | 19 | | (2) the Abused and Neglected Long Term Care Facility Residents | 20 | | Reporting Act; (3) the Adult Protective Services Act; and (iv) | 21 | | the Criminal Identification Act. | 22 | | (e) Each treatment hospital, treatment hospital with | 23 | | approved pediatric transfer, and approved pediatric health | 24 | | care facility shall submit to the Department every 6 months, | 25 | | in a manner prescribed by the Department, the following | 26 | | information: |
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| 1 | | (1) The total number of patients who presented with a | 2 | | complaint of sexual assault. | 3 | | (2) The total number of Illinois Sexual Assault | 4 | | Evidence Collection Kits: | 5 | | (A) offered to (i) all sexual assault survivors | 6 | | and (ii) pediatric sexual assault survivors
pursuant | 7 | | to paragraph (1.5) of subsection (a-5) of Section 5; | 8 | | (B) completed for (i) all sexual assault survivors | 9 | | and (ii) pediatric sexual assault
survivors; and | 10 | | (C) declined by (i) all sexual assault survivors | 11 | | and (ii) pediatric sexual assault survivors. | 12 | | This information shall be made available on the | 13 | | Department's website.
| 14 | | (f) This Section is effective on and after January 1, | 15 | | 2024. | 16 | | (Source: P.A. 101-73, eff. 7-12-19; 101-634, eff. 6-5-20; | 17 | | 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
| 18 | | (410 ILCS 70/2-1) | 19 | | (Section scheduled to be repealed on December 31, 2023) | 20 | | Sec. 2-1. Hospital, approved pediatric health care | 21 | | facility, and approved federally qualified health center | 22 | | requirements for sexual assault plans. | 23 | | (a) Every hospital
required to be licensed by the | 24 | | Department pursuant to
the Hospital Licensing Act, or operated | 25 | | under the University of Illinois Hospital Act that provides |
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| 1 | | general medical and surgical hospital services
shall provide | 2 | | either (i) transfer services to all sexual assault survivors, | 3 | | (ii) medical forensic services to all sexual assault | 4 | | survivors, or (iii) transfer services to pediatric sexual | 5 | | assault survivors and medical forensic services to sexual | 6 | | assault survivors 13 years old or older, in accordance with | 7 | | rules adopted by the Department. | 8 | | In addition, every such hospital, regardless of whether or | 9 | | not a request
is made for reimbursement, shall submit
to the | 10 | | Department a plan to provide either (i) transfer services to | 11 | | all sexual assault survivors, (ii) medical forensic services | 12 | | to all sexual assault survivors, or (iii) transfer services to | 13 | | pediatric sexual assault survivors and medical forensic | 14 | | services to sexual assault survivors 13 years old or older | 15 | | within the time frame established by the Department .
The
| 16 | | Department shall approve such plan for
either (i) transfer | 17 | | services to all sexual assault survivors, (ii) medical | 18 | | forensic services
to all sexual assault survivors, or (iii) | 19 | | transfer services to pediatric sexual assault survivors and | 20 | | medical forensic services to sexual assault survivors 13 years | 21 | | old or older, if it finds that the implementation of
the | 22 | | proposed plan would provide (i) transfer services or (ii) | 23 | | medical forensic services for
sexual assault survivors in | 24 | | accordance with the requirements of this Act and provide | 25 | | sufficient protections from the
risk of pregnancy to
sexual | 26 | | assault survivors. Notwithstanding anything to the contrary in |
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| 1 | | this paragraph, the Department may approve a sexual assault | 2 | | transfer plan for the provision of medical forensic services | 3 | | if: | 4 | | (1) a treatment hospital with approved pediatric | 5 | | transfer has agreed, as part of an areawide treatment | 6 | | plan, to accept sexual assault survivors 13 years of age | 7 | | or older from the proposed transfer hospital, if the | 8 | | treatment hospital with approved pediatric transfer is | 9 | | geographically closer to the transfer hospital than a | 10 | | treatment hospital or another treatment hospital with | 11 | | approved pediatric transfer and such transfer is not | 12 | | unduly burdensome on the sexual assault survivor; and | 13 | | (2) a treatment hospital has agreed, as a part of an | 14 | | areawide treatment plan, to accept sexual assault | 15 | | survivors under 13 years of age from the proposed transfer | 16 | | hospital and transfer to the treatment hospital would not | 17 | | unduly burden the sexual assault survivor. | 18 | | The Department may not approve a sexual assault transfer | 19 | | plan unless a treatment hospital has agreed, as a part of an | 20 | | areawide treatment plan, to accept sexual assault survivors | 21 | | from the proposed transfer hospital and a transfer to the | 22 | | treatment hospital would not unduly burden the sexual assault | 23 | | survivor. | 24 | | In counties with a population of less than 1,000,000, the | 25 | | Department may not approve a sexual assault transfer plan for | 26 | | a hospital located within a 20-mile radius of a 4-year public |
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| 1 | | university, not including community colleges, unless there is | 2 | | a treatment hospital or out-of-state hospital with a sexual | 3 | | assault treatment plan approved by the Department within a | 4 | | 30-mile 20-mile radius of the 4-year public university. A | 5 | | hospital located within a 20-mile radius of a 4-year public | 6 | | university, not including community colleges, may be approved | 7 | | as a treatment hospital with pediatric transfer if there is a | 8 | | treatment hospital or out-of-state hospital with a sexual | 9 | | assault treatment plan within a 30-mile radius of the 4-year | 10 | | public university. | 11 | | A transfer must be in accordance with federal and State | 12 | | laws and local ordinances. | 13 | | A treatment hospital with approved pediatric transfer must | 14 | | submit an areawide treatment plan under Section 3-1 of this | 15 | | Act that includes a written agreement with a treatment | 16 | | hospital stating that the treatment hospital will provide | 17 | | medical forensic services to pediatric sexual assault | 18 | | survivors transferred from the treatment hospital with | 19 | | approved pediatric transfer. The areawide treatment plan may | 20 | | also include an approved pediatric health care facility. | 21 | | A transfer hospital must submit an areawide treatment plan | 22 | | under Section 3-1 of this Act that includes a written | 23 | | agreement with a treatment hospital stating that the treatment | 24 | | hospital will provide medical forensic services to all sexual | 25 | | assault survivors transferred from the transfer hospital. The | 26 | | areawide treatment plan may also include an approved pediatric |
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| 1 | | health care facility. Notwithstanding anything to the contrary | 2 | | in this paragraph, the areawide treatment plan may include a | 3 | | written agreement with a treatment hospital with approved | 4 | | pediatric transfer that is geographically closer than other | 5 | | hospitals providing medical forensic services to sexual | 6 | | assault survivors 13 years of age or older stating that the | 7 | | treatment hospital with approved pediatric transfer will | 8 | | provide medical services to sexual assault survivors 13 years | 9 | | of age or older who are transferred from the transfer | 10 | | hospital. If the areawide treatment plan includes a written | 11 | | agreement with a treatment hospital with approved pediatric | 12 | | transfer, it must also include a written agreement with a | 13 | | treatment hospital stating that the treatment hospital will | 14 | | provide medical forensic services to sexual assault survivors | 15 | | under 13 years of age who are transferred from the transfer | 16 | | hospital. | 17 | | Beginning January 1, 2019, each treatment hospital and | 18 | | treatment hospital with approved pediatric transfer shall | 19 | | ensure that emergency department attending physicians, | 20 | | physician assistants, advanced practice registered nurses, and | 21 | | registered professional nurses providing clinical services, | 22 | | who do not meet the definition of a qualified medical provider | 23 | | in Section 1a-1 of this Act, receive a minimum of 2 hours of | 24 | | sexual assault training by July 1, 2020 or until the treatment | 25 | | hospital or treatment hospital with approved pediatric | 26 | | transfer certifies to the Department, in a form and manner |
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| 1 | | prescribed by the Department, that it employs or contracts | 2 | | with a qualified medical provider in accordance with | 3 | | subsection (a-7) of Section 5-1, whichever occurs first. | 4 | | After July 1, 2020 or once a treatment hospital or a | 5 | | treatment hospital with approved pediatric transfer certifies | 6 | | compliance with subsection (a-7) of Section 5-1, whichever | 7 | | occurs first, each treatment hospital and treatment hospital | 8 | | with approved pediatric transfer shall ensure that emergency | 9 | | department attending physicians, physician assistants, | 10 | | advanced practice registered nurses, and registered | 11 | | professional nurses providing clinical services, who do not | 12 | | meet the definition of a qualified medical provider in Section | 13 | | 1a-1 of this Act, receive a minimum of 2 hours of continuing | 14 | | education on responding to sexual assault survivors every 2 | 15 | | years. Protocols for training shall be included in the | 16 | | hospital's sexual assault treatment plan. | 17 | | Sexual assault training provided under this subsection may | 18 | | be provided in person or online and shall include, but not be | 19 | | limited to: | 20 | | (1) information provided on the provision of medical | 21 | | forensic services; | 22 | | (2) information on the use of the Illinois Sexual | 23 | | Assault Evidence Collection Kit; | 24 | | (3) information on sexual assault epidemiology, | 25 | | neurobiology of trauma, drug-facilitated sexual assault, | 26 | | child sexual abuse, and Illinois sexual assault-related |
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| 1 | | laws; and | 2 | | (4) information on the hospital's sexual | 3 | | assault-related policies and procedures. | 4 | | The online training made available by the Office of the | 5 | | Attorney General under subsection (b) of Section 10-1 may be | 6 | | used to comply with this subsection. | 7 | | (a-5) A hospital must submit a plan to provide either (i) | 8 | | transfer services to all sexual assault survivors, (ii) | 9 | | medical forensic services to all sexual assault survivors, or | 10 | | (iii) transfer services to pediatric sexual assault survivors | 11 | | and medical forensic services to sexual assault survivors 13 | 12 | | years old or older as required in subsection (a) of this | 13 | | Section within 60 days of the Department's request. Failure to | 14 | | submit a plan as described in this subsection shall subject a | 15 | | hospital to the imposition of a fine by the Department. The | 16 | | Department may impose a fine of up to $500 per day until the | 17 | | hospital submits a plan as described in this subsection. No | 18 | | fine shall be taken or assessed until 12 months after the | 19 | | effective date of this amendatory Act of the 102nd General | 20 | | Assembly. | 21 | | (a-10) Upon receipt of a plan as described in subsection | 22 | | (a-5), the Department shall notify the hospital whether or not | 23 | | the plan is acceptable. If the Department determines that the | 24 | | plan is unacceptable, the hospital must submit a modified plan | 25 | | within 10 days of service of the notification. If the | 26 | | Department determines that the modified plan is unacceptable, |
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| 1 | | or if the hospital fails to submit a modified plan within 10 | 2 | | days, the Department may impose a fine of up to $500 per day | 3 | | until an acceptable plan has been submitted, as determined by | 4 | | the Department. No fine shall be taken or assessed until 12 | 5 | | months after the effective date of this amendatory Act of the | 6 | | 102nd General Assembly. | 7 | | (b) An approved pediatric health care facility may provide | 8 | | medical forensic services, in accordance with rules adopted by | 9 | | the Department, to all pediatric sexual assault survivors who | 10 | | present for medical forensic services in relation to injuries | 11 | | or trauma resulting from a sexual assault. These services | 12 | | shall be provided by a qualified medical provider. | 13 | | A pediatric health care facility must participate in or | 14 | | submit an areawide treatment plan under Section 3-1 of this | 15 | | Act that includes a treatment hospital. If a pediatric health | 16 | | care facility does not provide certain medical or surgical | 17 | | services that are provided by hospitals, the areawide sexual | 18 | | assault treatment plan must include a procedure for ensuring a | 19 | | sexual assault survivor in need of such medical or surgical | 20 | | services receives the services at the treatment hospital. The | 21 | | areawide treatment plan may also include a treatment hospital | 22 | | with approved pediatric transfer. | 23 | | The Department shall review a proposed sexual assault | 24 | | treatment plan submitted by a pediatric health care facility | 25 | | within 60 days after receipt of the plan. If the Department | 26 | | finds that the proposed plan meets the minimum requirements |
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| 1 | | set forth in Section 5-1 of this Act and that implementation of | 2 | | the proposed plan would provide medical forensic services for | 3 | | pediatric sexual assault survivors, then the Department shall | 4 | | approve the plan. If the Department does not approve a plan, | 5 | | then the Department shall notify the pediatric health care | 6 | | facility that the proposed plan has not been approved. The | 7 | | pediatric health care facility shall have 30 days to submit a | 8 | | revised plan. The Department shall review the revised plan | 9 | | within 30 days after receipt of the plan and notify the | 10 | | pediatric health care facility whether the revised plan is | 11 | | approved or rejected. Until the Department has approved a | 12 | | treatment plan, a A pediatric health care facility may not | 13 | | provide medical forensic services to pediatric sexual assault | 14 | | survivors who present with a complaint of sexual assault | 15 | | within a minimum of 96 hours the last 7 days or who have | 16 | | disclosed past sexual assault by a specific individual and | 17 | | were in the care of that individual within a minimum of 96 | 18 | | hours the last 7 days until the Department has approved a | 19 | | treatment plan . | 20 | | If an approved pediatric health care facility is not open | 21 | | 24 hours a day, 7 days a week, it shall post signage at each | 22 | | public entrance to its facility that: | 23 | | (1) is at least 14 inches by 14 inches in size; | 24 | | (2) directs those seeking services as follows: "If | 25 | | closed, call 911 for services or go to the closest | 26 | | hospital emergency department, (insert name) located at |
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| 1 | | (insert address)."; | 2 | | (3) lists the approved pediatric health care | 3 | | facility's hours of operation; | 4 | | (4) lists the street address of the building; | 5 | | (5) has a black background with white bold capital | 6 | | lettering in a clear and easy to read font that is at least | 7 | | 72-point type, and with "call 911" in at least 125-point | 8 | | type; | 9 | | (6) is posted clearly and conspicuously on or adjacent | 10 | | to the door at each entrance and, if building materials | 11 | | allow, is posted internally for viewing through glass; if | 12 | | posted externally, the sign shall be made of | 13 | | weather-resistant and theft-resistant materials, | 14 | | non-removable, and adhered permanently to the building; | 15 | | and | 16 | | (7) has lighting that is part of the sign itself or is | 17 | | lit with a dedicated light that fully illuminates the | 18 | | sign. | 19 | | (b-5) An approved federally qualified health center may | 20 | | provide medical forensic services, in accordance with rules | 21 | | adopted by the Department, to all sexual assault survivors 13 | 22 | | years old or older who present for medical forensic services | 23 | | in relation to injuries or trauma resulting from a sexual | 24 | | assault during the duration, and 90 days thereafter, of a | 25 | | proclamation issued by the Governor declaring a disaster, or a | 26 | | successive proclamation regarding the same disaster, in all |
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| 1 | | 102 counties due to a public health emergency. These services | 2 | | shall be provided by (i) a qualified medical provider, | 3 | | physician, physician assistant, or advanced practice | 4 | | registered nurse who has received a minimum of 10 hours of | 5 | | sexual assault training provided by a qualified medical | 6 | | provider on current Illinois legislation, how to properly | 7 | | perform a medical forensic examination, evidence collection, | 8 | | drug and alcohol facilitated sexual assault, and forensic | 9 | | photography and has all documentation and photos peer reviewed | 10 | | by a qualified medical provider
or (ii) until the federally | 11 | | qualified health care center certifies to the Department, in a | 12 | | form and manner prescribed by the Department, that it employs | 13 | | or contracts with a qualified medical provider in accordance | 14 | | with subsection (a-7) of Section 5-1, whichever occurs first. | 15 | | A federally qualified health center must participate in or | 16 | | submit an areawide treatment plan under Section 3-1 of this | 17 | | Act that includes a treatment hospital. If a federally | 18 | | qualified health center does not provide certain medical or | 19 | | surgical services that are provided by hospitals, the areawide | 20 | | sexual assault treatment plan must include a procedure for | 21 | | ensuring a sexual assault survivor in need of such medical or | 22 | | surgical services receives the services at the treatment | 23 | | hospital. The areawide treatment plan may also include a | 24 | | treatment hospital with approved pediatric transfer or an | 25 | | approved pediatric health care facility. | 26 | | The Department shall review a proposed sexual assault |
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| 1 | | treatment plan submitted by a federally qualified health | 2 | | center within 14 days after receipt of the plan. If the | 3 | | Department finds that the proposed plan meets the minimum | 4 | | requirements set forth in Section 5-1 and that implementation | 5 | | of the proposed plan would provide medical forensic services | 6 | | for sexual assault survivors 13 years old or older, then the | 7 | | Department shall approve the plan. If the Department does not | 8 | | approve a plan, then the Department shall notify the federally | 9 | | qualified health center that the proposed plan has not been | 10 | | approved. The federally qualified health center shall have 14 | 11 | | days to submit a revised plan. The Department shall review the | 12 | | revised plan within 14 days after receipt of the plan and | 13 | | notify the federally qualified health center whether the | 14 | | revised plan is approved or rejected. A federally qualified | 15 | | health center may not (i) provide medical forensic services to | 16 | | sexual assault survivors 13 years old or older who present | 17 | | with a complaint of sexual assault within a minimum of the | 18 | | previous 7 days or (ii) who have disclosed past sexual assault | 19 | | by a specific individual and were in the care of that | 20 | | individual within a minimum of the previous 7 days until the | 21 | | Department has approved a treatment plan. | 22 | | If an approved federally qualified health center is not | 23 | | open 24 hours a day, 7 days a week, it shall post signage at | 24 | | each public entrance to its facility that: | 25 | | (1) is at least 14 inches by 14 inches in size; | 26 | | (2) directs those seeking services as follows: "If |
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| 1 | | closed, call 911 for services or go to the closest | 2 | | hospital emergency department, (insert name) located at | 3 | | (insert address)."; | 4 | | (3) lists the approved federally qualified health | 5 | | center's hours of operation; | 6 | | (4) lists the street address of the building; | 7 | | (5) has a black background with white bold capital | 8 | | lettering in a clear and easy to read font that is at least | 9 | | 72-point type, and with "call 911" in at least 125-point | 10 | | type; | 11 | | (6) is posted clearly and conspicuously on or adjacent | 12 | | to the door at each entrance and, if building materials | 13 | | allow, is posted internally for viewing through glass; if | 14 | | posted externally, the sign shall be made of | 15 | | weather-resistant and theft-resistant materials, | 16 | | non-removable, and adhered permanently to the building; | 17 | | and | 18 | | (7) has lighting that is part of the sign itself or is | 19 | | lit with a dedicated light that fully illuminates the | 20 | | sign. | 21 | | A copy of the proposed sign must be submitted to the | 22 | | Department and approved as part of the approved federally | 23 | | qualified health center's sexual assault treatment plan. | 24 | | (c) Each treatment hospital, treatment hospital with | 25 | | approved pediatric transfer, approved pediatric health care | 26 | | facility, and approved federally qualified health center must |
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| 1 | | enter into a memorandum of understanding with a rape crisis | 2 | | center for medical advocacy services, if these services are | 3 | | available to the treatment hospital, treatment hospital with | 4 | | approved pediatric transfer, approved pediatric health care | 5 | | facility, or approved federally qualified health center. With | 6 | | the consent of the sexual assault survivor, a rape crisis | 7 | | counselor shall remain in the exam room during the collection | 8 | | for forensic evidence. | 9 | | (d) Every treatment hospital, treatment hospital with | 10 | | approved pediatric transfer, approved pediatric health care | 11 | | facility, and approved federally qualified health center's | 12 | | sexual assault treatment plan shall include procedures for | 13 | | complying with mandatory reporting requirements pursuant to | 14 | | (1) the Abused and Neglected Child Reporting Act; (2) the | 15 | | Abused and Neglected Long Term Care Facility Residents | 16 | | Reporting Act; (3) the Adult Protective Services Act; and (iv) | 17 | | the Criminal Identification Act. | 18 | | (e) Each treatment hospital, treatment hospital with | 19 | | approved pediatric transfer, approved pediatric health care | 20 | | facility, and approved federally qualified health center shall | 21 | | submit to the Department every 6 months, in a manner | 22 | | prescribed by the Department, the following information: | 23 | | (1) The total number of patients who presented with a | 24 | | complaint of sexual assault. | 25 | | (2) The total number of Illinois Sexual Assault | 26 | | Evidence Collection Kits: |
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| 1 | | (A) offered to (i) all sexual assault survivors | 2 | | and (ii) pediatric sexual assault survivors
pursuant | 3 | | to paragraph (1.5) of subsection (a-5) of Section 5-1; | 4 | | (B) completed for (i) all sexual assault survivors | 5 | | and (ii) pediatric sexual assault
survivors; and | 6 | | (C) declined by (i) all sexual assault survivors | 7 | | and (ii) pediatric sexual assault survivors. | 8 | | This information shall be made available on the | 9 | | Department's website. | 10 | | (f) This Section is repealed on December 31, 2023.
| 11 | | (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; | 12 | | 102-674, eff. 11-30-21.)
| 13 | | (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
| 14 | | Sec. 2.1. Plan of correction; penalties.
| 15 | | (a) If the Department surveyor determines that
the | 16 | | hospital or approved pediatric health care facility is not
in | 17 | | compliance with its approved plan, the surveyor shall provide | 18 | | the
hospital or approved pediatric health care facility with a | 19 | | written list of the specific items of noncompliance within
10 | 20 | | working days after the conclusion of the on-site review. The | 21 | | hospital shall have
10 working days to submit to the | 22 | | Department a plan of
correction which
contains the hospital's | 23 | | or approved pediatric health care facility's specific | 24 | | proposals for correcting the items of
noncompliance. The | 25 | | Department shall review the plan of
correction and
notify the |
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| 1 | | hospital in writing within 10 working days as to whether the | 2 | | plan is acceptable
or unacceptable.
| 3 | | If the Department finds the Plan of Correction
| 4 | | unacceptable, the
hospital or approved pediatric health care | 5 | | facility shall have 10 working days to resubmit an acceptable | 6 | | Plan of
Correction. Upon notification that its Plan of | 7 | | Correction is acceptable, a
hospital or approved pediatric | 8 | | health care facility shall implement the Plan of Correction | 9 | | within 60 days.
| 10 | | (b) The failure of a hospital to submit an acceptable Plan | 11 | | of Correction or to implement
the Plan of Correction, within | 12 | | the time frames required in this Section,
will subject a | 13 | | hospital to the imposition of a fine by the Department. The
| 14 | | Department may impose a fine of up to $500 per day
until a | 15 | | hospital
complies with the requirements of this Section. If a | 16 | | hospital submits 2 Plans of Correction that are found to not be | 17 | | acceptable by the Department, the hospital shall become | 18 | | subject to the imposition of a fine by the Department.
| 19 | | If an approved pediatric health care facility fails to | 20 | | submit an acceptable Plan of Correction or to implement the | 21 | | Plan of Correction within the time frames required in this | 22 | | Section, then the Department shall notify the approved | 23 | | pediatric health care facility that the approved pediatric | 24 | | health care facility may not provide medical forensic services | 25 | | under this Act. The Department may impose a fine of up to $500 | 26 | | per patient provided services in violation of this Act. If an |
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| 1 | | approved pediatric facility submits 2 Plans of Correction that | 2 | | are found to not be acceptable by the Department, the approved | 3 | | pediatric health care facility shall become subject to the | 4 | | imposition of a fine by the Department and the termination of | 5 | | its approved sexual assault treatment plan. | 6 | | (c) Before imposing a fine pursuant to this Section, the | 7 | | Department shall
provide the hospital or approved pediatric | 8 | | health care facility via certified mail with written notice | 9 | | and an
opportunity for an administrative hearing. Such hearing | 10 | | must be requested
within 10 working days after receipt of the | 11 | | Department's Notice.
All hearings
shall be conducted in | 12 | | accordance with the Department's
rules
in
administrative | 13 | | hearings.
| 14 | | (d) This Section is effective on and after January 1, | 15 | | 2024. | 16 | | (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; | 17 | | 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
| 18 | | (410 ILCS 70/2.1-1) | 19 | | (Section scheduled to be repealed on December 31, 2023) | 20 | | Sec. 2.1-1. Plan of correction; penalties. | 21 | | (a) If the Department surveyor determines that the | 22 | | hospital, approved pediatric health care facility, or approved | 23 | | federally qualified health center is not in compliance
with | 24 | | its approved plan, the surveyor shall provide the hospital, | 25 | | approved pediatric health care facility, or approved federally |
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| 1 | | qualified health center with a written list of the specific | 2 | | items of noncompliance within 10 working days after the | 3 | | conclusion of the on-site review. The hospital, approved | 4 | | pediatric health care facility, or approved federally | 5 | | qualified health center shall have 10 working days to submit | 6 | | to the Department a plan of correction which contains the | 7 | | hospital's, approved pediatric health care facility's, or | 8 | | approved federally qualified health center's specific | 9 | | proposals for correcting the items of noncompliance. The | 10 | | Department shall review the plan of correction and notify the | 11 | | hospital, approved pediatric health care facility, or approved | 12 | | federally qualified health center in writing within 10 working | 13 | | days as to whether the plan is acceptable or unacceptable. | 14 | | If the Department finds the Plan of Correction | 15 | | unacceptable, the hospital, approved pediatric health care | 16 | | facility, or approved federally qualified health center shall | 17 | | have 10 working days to resubmit an acceptable Plan of | 18 | | Correction. Upon notification that its Plan of Correction is | 19 | | acceptable, a hospital, approved pediatric health care | 20 | | facility, or approved federally qualified health center shall | 21 | | implement the Plan of Correction within 60 days. | 22 | | (b) The failure of a hospital to submit an acceptable Plan | 23 | | of Correction or to implement
the Plan of Correction, within | 24 | | the time frames required in this Section,
will subject a | 25 | | hospital to the imposition of a fine by the Department. If a | 26 | | hospital submits 2 Plans of Correction that are found to not be |
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| 1 | | acceptable by the Department, the facility shall become | 2 | | subject to the imposition of a fine by the Department. The
| 3 | | Department may impose a fine of up to $500 per day
until a | 4 | | hospital
complies with the requirements of this Section. No | 5 | | fine shall be taken or assessed until 12 months after the | 6 | | effective date of this amendatory Act of the 102nd General | 7 | | Assembly. | 8 | | If an approved pediatric health care facility or approved | 9 | | federally qualified health center fails to submit an | 10 | | acceptable Plan of Correction or to implement the Plan of | 11 | | Correction within the time frames required in this Section, | 12 | | then the Department shall notify the approved pediatric health | 13 | | care facility or approved federally qualified health center | 14 | | that the approved pediatric health care facility or approved | 15 | | federally qualified health center may not provide medical | 16 | | forensic services under this Act. If an approved pediatric | 17 | | health care facility or approved federally qualified health | 18 | | center submits 2 Plans of Correction that are found to not be | 19 | | acceptable by the Department, the facility shall become | 20 | | subject to the imposition of a fine by the Department and the | 21 | | termination of its approved sexual assault treatment plan. The | 22 | | Department may impose a fine of up to $500 per patient provided | 23 | | services in violation of this Act. No fine shall be taken or | 24 | | assessed until 12 months after the effective date of this | 25 | | amendatory Act of the 102nd General Assembly. | 26 | | (c) Before imposing a fine pursuant to this Section, the |
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| 1 | | Department shall provide the hospital, or approved pediatric | 2 | | health care facility, or approved federally qualified health | 3 | | center via certified mail with written notice and an | 4 | | opportunity for an administrative hearing. Such hearing must | 5 | | be requested within 10 working days after receipt of the | 6 | | Department's Notice. All hearings shall be conducted in | 7 | | accordance with the Department's rules in administrative | 8 | | hearings. | 9 | | (d) This Section is repealed on December 31, 2023.
| 10 | | (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; | 11 | | 102-674, eff. 11-30-21.)
| 12 | | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| 13 | | Sec. 5. Minimum requirements for medical forensic services | 14 | | provided to sexual assault survivors by hospitals and approved | 15 | | pediatric health care facilities.
| 16 | | (a) Every hospital and approved pediatric health care | 17 | | facility providing medical forensic services to
sexual assault | 18 | | survivors under this Act
shall, as minimum requirements for | 19 | | such services, provide, with the consent
of the sexual assault | 20 | | survivor, and as ordered by the attending
physician, an | 21 | | advanced practice registered nurse, or a physician assistant, | 22 | | the services set forth in subsection (a-5).
| 23 | | Beginning January 1, 2024 2023 , a qualified medical | 24 | | provider must provide the services set forth in subsection | 25 | | (a-5). |
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| 1 | | (a-5) A treatment hospital, a treatment hospital with | 2 | | approved pediatric transfer, or an approved pediatric health | 3 | | care facility shall provide the following services in | 4 | | accordance with subsection (a): | 5 | | (1) Appropriate medical forensic services without | 6 | | delay, in a private, age-appropriate or | 7 | | developmentally-appropriate space, required to ensure the | 8 | | health, safety, and welfare
of a sexual assault survivor | 9 | | and which may be
used as evidence in a criminal proceeding | 10 | | against a person accused of the
sexual assault, in a | 11 | | proceeding under the Juvenile Court Act of 1987, or in an | 12 | | investigation under the Abused and Neglected Child | 13 | | Reporting Act. | 14 | | Records of medical forensic services, including | 15 | | results of examinations and tests, the Illinois State | 16 | | Police Medical Forensic Documentation Forms, the Illinois | 17 | | State Police Patient Discharge Materials, and the Illinois | 18 | | State Police Patient Consent: Collect and Test Evidence or | 19 | | Collect and Hold Evidence Form, shall be maintained by the | 20 | | hospital or approved pediatric health care facility as | 21 | | part of the patient's electronic medical record. | 22 | | Records of medical forensic services of sexual assault | 23 | | survivors under the age of 18 shall be retained by the | 24 | | hospital for a period of 60 years after the sexual assault | 25 | | survivor reaches the age of 18. Records of medical | 26 | | forensic services of sexual assault survivors 18 years of |
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| 1 | | age or older shall be retained by the hospital for a period | 2 | | of 20 years after the date the record was created. | 3 | | Records of medical forensic services may only be | 4 | | disseminated in accordance with Section 6.5 of this Act | 5 | | and other State and federal law.
| 6 | | (1.5) An offer to complete the Illinois Sexual Assault | 7 | | Evidence Collection Kit for : (A) any sexual assault | 8 | | survivor 13 years of age or older who presents within a | 9 | | minimum of the last 7 days of the assault or who has | 10 | | disclosed past sexual assault by a specific individual and | 11 | | was in the care of that individual within a minimum of the | 12 | | last 7 days ; and (B) any pediatric sexual assault survivor | 13 | | who presents with a complaint of sexual assault within a | 14 | | minimum of 96 hours or who has disclosed past sexual | 15 | | assault by a specific individual and was in the care of | 16 | | that individual within a minimum of 96 hours . | 17 | | (A) Appropriate oral and written information | 18 | | concerning evidence-based guidelines for the | 19 | | appropriateness of evidence collection depending on | 20 | | the sexual development of the sexual assault survivor, | 21 | | the type of sexual assault, and the timing of the | 22 | | sexual assault shall be provided to the sexual assault | 23 | | survivor. Evidence collection is encouraged for | 24 | | prepubescent sexual assault survivors who present to a | 25 | | hospital or approved pediatric health care facility | 26 | | with a complaint of sexual assault within a minimum of |
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| 1 | | 96 hours after the sexual assault. | 2 | | Before January 1, 2024 2023 , the information | 3 | | required under this subparagraph shall be provided in | 4 | | person by the health care professional providing | 5 | | medical forensic services directly to the sexual | 6 | | assault survivor. | 7 | | On and after January 1, 2024 2023 , the information | 8 | | required under this subparagraph shall be provided in | 9 | | person by the qualified medical provider providing | 10 | | medical forensic services directly to the sexual | 11 | | assault survivor. | 12 | | The written information provided shall be the | 13 | | information created in accordance with Section 10 of | 14 | | this Act. | 15 | | (B) Following the discussion regarding the | 16 | | evidence-based guidelines for evidence collection in | 17 | | accordance with subparagraph (A), evidence collection | 18 | | must be completed at the sexual assault survivor's | 19 | | request. A sexual assault nurse examiner conducting an | 20 | | examination using the Illinois State Police Sexual | 21 | | Assault Evidence Collection Kit may do so without the | 22 | | presence or participation of a physician. | 23 | | (2) Appropriate oral and written information | 24 | | concerning the possibility
of infection, sexually | 25 | | transmitted infection, including an evaluation of the | 26 | | sexual assault survivor's risk of contracting human |
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| 1 | | immunodeficiency virus (HIV) from sexual assault, and | 2 | | pregnancy
resulting from sexual assault.
| 3 | | (3) Appropriate oral and written information | 4 | | concerning accepted medical
procedures, laboratory tests, | 5 | | medication, and possible contraindications of such | 6 | | medication
available for the prevention or treatment of | 7 | | infection or disease resulting
from sexual assault.
| 8 | | (3.5) After a medical evidentiary or physical | 9 | | examination, access to a shower at no cost, unless | 10 | | showering facilities are unavailable. | 11 | | (4) An amount of medication, including HIV | 12 | | prophylaxis, for treatment at the hospital or approved | 13 | | pediatric health care facility and after discharge as is | 14 | | deemed appropriate by the attending physician, an advanced | 15 | | practice registered nurse, or a physician assistant in | 16 | | accordance with the Centers for Disease Control and | 17 | | Prevention guidelines and consistent with the hospital's | 18 | | or approved pediatric health care facility's current | 19 | | approved protocol for sexual assault survivors.
| 20 | | (5) Photo documentation of the sexual assault | 21 | | survivor's injuries, anatomy involved in the assault, or | 22 | | other visible evidence on the sexual assault survivor's | 23 | | body to supplement the medical forensic history and | 24 | | written documentation of physical findings and evidence | 25 | | beginning July 1, 2019. Photo documentation does not | 26 | | replace written documentation of the injury.
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| 1 | | (6) Written and oral instructions indicating the need | 2 | | for follow-up examinations and laboratory tests after the | 3 | | sexual assault to determine the presence or absence of
| 4 | | sexually transmitted infection.
| 5 | | (7) Referral by hospital or approved pediatric health | 6 | | care facility personnel for appropriate counseling.
| 7 | | (8) Medical advocacy services provided by a rape | 8 | | crisis counselor whose communications are protected under | 9 | | Section 8-802.1 of the Code of Civil Procedure, if there | 10 | | is a memorandum of understanding between the hospital or | 11 | | approved pediatric health care facility and a rape crisis | 12 | | center. With the consent of the sexual assault survivor, a | 13 | | rape crisis counselor shall remain in the exam room during | 14 | | the medical forensic examination.
| 15 | | (9) Written information regarding services provided by | 16 | | a Children's Advocacy Center and rape crisis center, if | 17 | | applicable. | 18 | | (10) A treatment hospital, a treatment hospital with | 19 | | approved pediatric transfer, an out-of-state hospital as | 20 | | defined in Section 5.4, or an approved pediatric health | 21 | | care facility shall comply with the rules relating to the | 22 | | collection and tracking of sexual assault evidence adopted | 23 | | by the Illinois State Police under Section 50 of the | 24 | | Sexual Assault Evidence Submission Act. | 25 | | (11) Written information regarding the Illinois State | 26 | | Police sexual assault evidence tracking system. |
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| 1 | | (a-7) By January 1, 2024 2023 , every hospital with a | 2 | | treatment plan approved by the Department shall employ or | 3 | | contract with a qualified medical provider to initiate medical | 4 | | forensic services to a sexual assault survivor within 90 | 5 | | minutes of the patient presenting to the treatment hospital or | 6 | | treatment hospital with approved pediatric transfer. The | 7 | | provision of medical forensic services by a qualified medical | 8 | | provider shall not delay the provision of life-saving medical | 9 | | care. | 10 | | (b) Any person who is a sexual assault survivor who seeks | 11 | | medical forensic services or follow-up healthcare
under this | 12 | | Act shall be provided such services without the consent
of any | 13 | | parent, guardian, custodian, surrogate, or agent. If a sexual | 14 | | assault survivor is unable to consent to medical forensic | 15 | | services, the services may be provided under the Consent by | 16 | | Minors to Health Care Services Medical Procedures Act, the | 17 | | Health Care Surrogate Act, or other applicable State and | 18 | | federal laws.
| 19 | | (b-5) Every hospital or approved pediatric health care | 20 | | facility providing medical forensic services to sexual assault | 21 | | survivors shall issue a voucher to any sexual assault survivor | 22 | | who is eligible to receive one in accordance with Section 5.2 | 23 | | of this Act. The hospital shall make a copy of the voucher and | 24 | | place it in the medical record of the sexual assault survivor. | 25 | | The hospital shall provide a copy of the voucher to the sexual | 26 | | assault survivor after discharge upon request. |
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| 1 | | (c) Nothing in this Section creates a physician-patient | 2 | | relationship that extends beyond discharge from the hospital | 3 | | or approved pediatric health care facility.
| 4 | | (d) This Section is effective on and after January 1, 2024 | 5 | | 2022 . | 6 | | (Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19; | 7 | | 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff. | 8 | | 8-20-21; 102-674, eff. 11-30-21; revised 12-16-21.)
| 9 | | (410 ILCS 70/5-1) | 10 | | (Section scheduled to be repealed on December 31, 2023) | 11 | | Sec. 5-1. Minimum requirements for medical forensic | 12 | | services provided to sexual assault survivors by hospitals, | 13 | | approved pediatric health care facilities, and approved | 14 | | federally qualified health centers. | 15 | | (a) Every hospital, approved pediatric health care | 16 | | facility, and approved federally qualified health center | 17 | | providing medical forensic services to sexual assault | 18 | | survivors under this Act shall, as minimum requirements for
| 19 | | such services, provide, with the consent of the sexual assault | 20 | | survivor, and as ordered by the attending physician, an | 21 | | advanced practice registered nurse, or a physician assistant, | 22 | | the services set forth in subsection (a-5). | 23 | | Beginning January 1, 2023, a qualified medical provider | 24 | | must provide the services set forth in subsection (a-5). | 25 | | (a-5) A treatment hospital, a treatment hospital with |
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| 1 | | approved pediatric transfer, or an approved pediatric health | 2 | | care facility, or an approved federally qualified health | 3 | | center shall provide the following services in accordance with | 4 | | subsection (a): | 5 | | (1) Appropriate medical forensic services without | 6 | | delay, in a private, age-appropriate or | 7 | | developmentally-appropriate space, required to ensure the | 8 | | health, safety, and welfare
of a sexual assault survivor | 9 | | and which may be
used as evidence in a criminal proceeding | 10 | | against a person accused of the
sexual assault, in a | 11 | | proceeding under the Juvenile Court Act of 1987, or in an | 12 | | investigation under the Abused and Neglected Child | 13 | | Reporting Act. | 14 | | Records of medical forensic services, including | 15 | | results of examinations and tests, the Illinois State | 16 | | Police Medical Forensic Documentation Forms, the Illinois | 17 | | State Police Patient Discharge Materials, and the Illinois | 18 | | State Police Patient Consent: Collect and Test Evidence or | 19 | | Collect and Hold Evidence Form, shall be maintained by the | 20 | | hospital or approved pediatric health care facility as | 21 | | part of the patient's electronic medical record. | 22 | | Records of medical forensic services of sexual assault | 23 | | survivors under the age of 18 shall be retained by the | 24 | | hospital for a period of 60 years after the sexual assault | 25 | | survivor reaches the age of 18. Records of medical | 26 | | forensic services of sexual assault survivors 18 years of |
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| 1 | | age or older shall be retained by the hospital for a period | 2 | | of 20 years after the date the record was created. | 3 | | Records of medical forensic services may only be | 4 | | disseminated in accordance with Section 6.5-1 of this Act | 5 | | and other State and federal law. | 6 | | (1.5) An offer to complete the Illinois Sexual Assault | 7 | | Evidence Collection Kit for : (A) any sexual assault | 8 | | survivor 13 years of age or older who presents within a | 9 | | minimum of the last 7 days of the assault or who has | 10 | | disclosed past sexual assault by a specific individual and | 11 | | was in the care of that individual within a minimum of the | 12 | | last 7 days ; and (B) any pediatric sexual assault survivor | 13 | | who presents with a complaint of sexual assault within a | 14 | | minimum of 96 hours or who has disclosed past sexual | 15 | | assault by a specific individual and was in the care of | 16 | | that individual within a minimum of 96 hours . | 17 | | (A) Appropriate oral and written information | 18 | | concerning evidence-based guidelines for the | 19 | | appropriateness of evidence collection depending on | 20 | | the sexual development of the sexual assault survivor, | 21 | | the type of sexual assault, and the timing of the | 22 | | sexual assault shall be provided to the sexual assault | 23 | | survivor. Evidence collection is encouraged for | 24 | | prepubescent sexual assault survivors who present to a | 25 | | hospital or approved pediatric health care facility | 26 | | with a complaint of sexual assault within a minimum of |
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| 1 | | 96 hours after the sexual assault. | 2 | | Before January 1, 2023, the information required | 3 | | under this subparagraph shall be provided in person by | 4 | | the health care professional providing medical | 5 | | forensic services directly to the sexual assault | 6 | | survivor. | 7 | | On and after January 1, 2023, the information | 8 | | required under this subparagraph shall be provided in | 9 | | person by the qualified medical provider providing | 10 | | medical forensic services directly to the sexual | 11 | | assault survivor. | 12 | | The written information provided shall be the | 13 | | information created in accordance with Section 10-1 of | 14 | | this Act. | 15 | | (B) Following the discussion regarding the | 16 | | evidence-based guidelines for evidence collection in | 17 | | accordance with subparagraph (A), evidence collection | 18 | | must be completed at the sexual assault survivor's | 19 | | request. A sexual assault nurse examiner conducting an | 20 | | examination using the Illinois State Police Sexual | 21 | | Assault Evidence Collection Kit may do so without the | 22 | | presence or participation of a physician. | 23 | | (2) Appropriate oral and written information | 24 | | concerning the possibility
of infection, sexually | 25 | | transmitted infection, including an evaluation of the | 26 | | sexual assault survivor's risk of contracting human |
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| 1 | | immunodeficiency virus (HIV) from sexual assault, and | 2 | | pregnancy
resulting from sexual assault. | 3 | | (3) Appropriate oral and written information | 4 | | concerning accepted medical
procedures, laboratory tests, | 5 | | medication, and possible contraindications of such | 6 | | medication
available for the prevention or treatment of | 7 | | infection or disease resulting
from sexual assault. | 8 | | (3.5) After a medical evidentiary or physical | 9 | | examination, access to a shower at no cost, unless | 10 | | showering facilities are unavailable. | 11 | | (4) An amount of medication, including HIV | 12 | | prophylaxis, for treatment at the hospital or approved | 13 | | pediatric health care facility and after discharge as is | 14 | | deemed appropriate by the attending physician, an advanced | 15 | | practice registered nurse, or a physician assistant in | 16 | | accordance with the Centers for Disease Control and | 17 | | Prevention guidelines and consistent with the hospital's | 18 | | or approved pediatric health care facility's current | 19 | | approved protocol for sexual assault survivors. | 20 | | (5) Photo documentation of the sexual assault | 21 | | survivor's injuries, anatomy involved in the assault, or | 22 | | other visible evidence on the sexual assault survivor's | 23 | | body to supplement the medical forensic history and | 24 | | written documentation of physical findings and evidence | 25 | | beginning July 1, 2019. Photo documentation does not | 26 | | replace written documentation of the injury. |
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| 1 | | (6) Written and oral instructions indicating the need | 2 | | for follow-up examinations and laboratory tests after the | 3 | | sexual assault to determine the presence or absence of
| 4 | | sexually transmitted infection. | 5 | | (7) Referral by hospital or approved pediatric health | 6 | | care facility personnel for appropriate counseling. | 7 | | (8) Medical advocacy services provided by a rape | 8 | | crisis counselor whose communications are protected under | 9 | | Section 8-802.1 of the Code of Civil Procedure, if there | 10 | | is a memorandum of understanding between the hospital or | 11 | | approved pediatric health care facility and a rape crisis | 12 | | center. With the consent of the sexual assault survivor, a | 13 | | rape crisis counselor shall remain in the exam room during | 14 | | the medical forensic examination. | 15 | | (9) Written information regarding services provided by | 16 | | a Children's Advocacy Center and rape crisis center, if | 17 | | applicable. | 18 | | (10) A treatment hospital, a treatment hospital with | 19 | | approved pediatric transfer, an out-of-state hospital as | 20 | | defined in Section 5.4, or an approved pediatric health | 21 | | care facility shall comply with the rules relating to the | 22 | | collection and tracking of sexual assault evidence adopted | 23 | | by the Department of State Police under Section 50 of the | 24 | | Sexual Assault Evidence Submission Act. | 25 | | (11) Written information regarding the Illinois State | 26 | | Police sexual assault evidence tracking system. |
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| 1 | | (a-7) By January 1, 2023, every hospital with a treatment | 2 | | plan approved by the Department shall employ or contract with | 3 | | a qualified medical provider to initiate medical forensic | 4 | | services to a sexual assault survivor within 90 minutes of the | 5 | | patient presenting to the treatment hospital or treatment | 6 | | hospital with approved pediatric transfer. The provision of | 7 | | medical forensic services by a qualified medical provider | 8 | | shall not delay the provision of life-saving medical care. | 9 | | (b) Any person who is a sexual assault survivor who seeks | 10 | | medical forensic services or follow-up healthcare
under this | 11 | | Act shall be provided such services without the consent
of any | 12 | | parent, guardian, custodian, surrogate, or agent. If a sexual | 13 | | assault survivor is unable to consent to medical forensic | 14 | | services, the services may be provided under the Consent by | 15 | | Minors to Medical Procedures Act, the Health Care Surrogate | 16 | | Act, or other applicable State and federal laws. | 17 | | (b-5) Every hospital, approved pediatric health care | 18 | | facility, or approved federally qualified health center | 19 | | providing medical forensic services to sexual assault | 20 | | survivors shall issue a voucher to any sexual assault survivor | 21 | | who is eligible to receive one in accordance with Section | 22 | | 5.2-1 of this Act. The hospital, approved pediatric health | 23 | | care facility, or approved federally qualified health center | 24 | | shall make a copy of the voucher and place it in the medical | 25 | | record of the sexual assault survivor. The hospital, approved | 26 | | pediatric health care facility, or approved federally
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| 1 | | qualified health center shall provide a copy of the voucher to | 2 | | the sexual assault survivor after discharge upon request. | 3 | | (c) Nothing in this Section creates a physician-patient | 4 | | relationship that extends beyond discharge from the hospital, | 5 | | or approved pediatric health care facility, or approved | 6 | | federally qualified health center. | 7 | | (d) This Section is repealed on December 31, 2023.
| 8 | | (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; | 9 | | 102-674, eff. 11-30-21.) | 10 | | (410 ILCS 70/5.4) | 11 | | Sec. 5.4. Out-of-state hospitals. | 12 | | (a) Nothing in this Section shall prohibit the transfer of | 13 | | a patient in need of medical services from a hospital that has | 14 | | been designated as a trauma center by the Department in | 15 | | accordance with Section 3.90 of the Emergency Medical Services | 16 | | (EMS) Systems Act. | 17 | | (b) A transfer hospital, treatment hospital with approved | 18 | | pediatric transfer, or approved pediatric health care facility | 19 | | may transfer a sexual assault survivor to an out-of-state | 20 | | hospital that is located in a county that borders Illinois has | 21 | | been designated as a trauma center by the Department under | 22 | | Section 3.90 of the Emergency Medical Services (EMS) Systems | 23 | | Act if the out-of-state hospital: (1) submits an areawide | 24 | | treatment plan approved by the Department; and (2) has | 25 | | certified the following to the Department in a form and manner |
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| 1 | | prescribed by the Department that the out-of-state hospital | 2 | | will: | 3 | | (i) consent to the jurisdiction of the Department in | 4 | | accordance with Section 2.06 of this Act; | 5 | | (ii) comply with all requirements of this Act | 6 | | applicable to treatment hospitals, including, but not | 7 | | limited to, offering evidence collection to : (A) any | 8 | | Illinois sexual assault survivor 13 years of age or older | 9 | | who presents with a complaint of sexual assault within a | 10 | | minimum of the last 7 days or who has disclosed past sexual | 11 | | assault by a specific individual and was in the care of | 12 | | that individual within a minimum of the last 7 days and not | 13 | | billing the sexual assault survivor for medical forensic | 14 | | services or 90 days of follow-up healthcare ; and (B) any | 15 | | Illinois pediatric sexual assault survivor who presents | 16 | | with a complaint of sexual assault within a minimum of 96 | 17 | | hours or who has disclosed past sexual assault by a | 18 | | specific individual and was in the care of that individual | 19 | | within a minimum of 96 hours and not billing the sexual | 20 | | assault survivor for medical forensic services or 90 days | 21 | | of follow-up healthcare ; | 22 | | (iii) use an Illinois State Police Sexual Assault | 23 | | Evidence Collection Kit to collect forensic evidence from | 24 | | an Illinois sexual assault survivor; | 25 | | (iv) ensure its staff cooperates with Illinois law | 26 | | enforcement agencies and are responsive to subpoenas |
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| 1 | | issued by Illinois courts; and | 2 | | (v) provide appropriate transportation upon the | 3 | | completion of medical forensic services back to the | 4 | | transfer hospital or treatment hospital with pediatric | 5 | | transfer where the sexual assault survivor initially | 6 | | presented seeking medical forensic services, unless the | 7 | | sexual assault survivor chooses to arrange his or her own | 8 | | transportation. | 9 | | (c) Subsection (b) of this Section is inoperative on and | 10 | | after January 1, 2029 2024 .
| 11 | | (Source: P.A. 100-775, eff. 1-1-19 .)".
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