Full Text of HB4081 096th General Assembly
HB4081enr 96TH GENERAL ASSEMBLY
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HB4081 Enrolled |
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sexual Assault Survivors Emergency | 5 |
| Treatment Act is amended by changing Sections 5 and 6.4 as | 6 |
| follows:
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| (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
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| Sec. 5. Minimum requirements for hospitals providing | 9 |
| hospital emergency services and forensic services
to sexual | 10 |
| assault survivors.
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| (a) Every hospital providing hospital emergency services | 12 |
| and forensic services to
sexual assault survivors under this | 13 |
| Act
shall, as minimum requirements for such services, provide, | 14 |
| with the consent
of the sexual assault survivor, and as ordered | 15 |
| by the attending
physician, an advanced practice nurse who has | 16 |
| a written collaborative agreement with a collaborating | 17 |
| physician that authorizes provision of emergency services, or a | 18 |
| physician assistant who has been delegated authority to provide | 19 |
| hospital emergency services and forensic services, the | 20 |
| following:
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| (1) appropriate medical examinations and laboratory
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| tests required to ensure the health, safety, and welfare
of | 23 |
| a sexual assault survivor or which may be
used as evidence |
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| in a criminal proceeding against a person accused of the
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| sexual assault, or both; and records of the results of such | 3 |
| examinations
and tests shall be maintained by the hospital | 4 |
| and made available to law
enforcement officials upon the | 5 |
| request of the sexual assault survivor;
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| (2) appropriate oral and written information | 7 |
| concerning the possibility
of infection, sexually | 8 |
| transmitted disease and pregnancy
resulting from sexual | 9 |
| assault;
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| (3) appropriate oral and written information | 11 |
| concerning accepted medical
procedures, medication, and | 12 |
| possible contraindications of such medication
available | 13 |
| for the prevention or treatment of infection or disease | 14 |
| resulting
from sexual assault;
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| (4) an amount of medication for treatment at the | 16 |
| hospital and after discharge as is deemed appropriate by | 17 |
| the attending physician, an advanced practice nurse, or a | 18 |
| physician assistant and consistent with the hospital's | 19 |
| current approved protocol for sexual assault survivors;
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| (5) an evaluation of the sexual assault survivor's risk | 21 |
| of contracting human immunodeficiency virus (HIV) from the | 22 |
| sexual assault;
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| (6) written and oral instructions indicating the need | 24 |
| for follow-up examinations and laboratory tests after the | 25 |
| sexual assault to determine the presence or absence of
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| sexually transmitted disease;
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| (7) referral by hospital personnel for appropriate | 2 |
| counseling; and
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| (8) when HIV prophylaxis is deemed appropriate, an | 4 |
| initial dose or doses of HIV prophylaxis, along with | 5 |
| written and oral instructions indicating the importance of
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| timely follow-up healthcare.
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| (b) Any person minor who is a sexual assault survivor who | 8 |
| seeks emergency hospital services and forensic services or | 9 |
| follow-up healthcare
under this Act shall be provided such | 10 |
| services without the consent
of any the parent, guardian , or | 11 |
| custodian , surrogate, or agent of the minor .
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| (c) Nothing in this Section creates a physician-patient | 13 |
| relationship that extends beyond discharge from the hospital | 14 |
| emergency department.
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| (Source: P.A. 94-434, eff. 1-1-06; 95-432, eff. 1-1-08.)
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| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
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| Sec. 6.4. Sexual assault evidence collection program.
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| (a) There is created a statewide sexual assault evidence | 19 |
| collection program
to facilitate the prosecution of persons | 20 |
| accused of sexual assault. This
program shall be administered | 21 |
| by the Illinois
State Police. The program shall
consist of the | 22 |
| following: (1) distribution of sexual assault evidence
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| collection kits which have been approved by the Illinois
State | 24 |
| Police to hospitals that request them, or arranging for
such | 25 |
| distribution by the manufacturer of the kits, (2) collection of |
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| the kits
from hospitals after the kits have been used to | 2 |
| collect
evidence, (3) analysis of the collected evidence and | 3 |
| conducting of laboratory
tests, (4) maintaining the chain of | 4 |
| custody and safekeeping of the evidence
for use in a legal | 5 |
| proceeding, and (5) the comparison of the collected evidence | 6 |
| with the genetic marker grouping analysis information | 7 |
| maintained by the Department of State Police under Section | 8 |
| 5-4-3 of the Unified Code of Corrections and with the | 9 |
| information contained in the Federal Bureau of Investigation's | 10 |
| National DNA database; provided the amount and quality of | 11 |
| genetic marker grouping results obtained from the evidence in | 12 |
| the sexual assault case meets the requirements of both the | 13 |
| Department of State Police and the Federal Bureau of | 14 |
| Investigation's Combined DNA Index System (CODIS) policies. | 15 |
| The standardized evidence collection kit for
the State of | 16 |
| Illinois shall be the Illinois State Police Sexual Assault | 17 |
| Evidence Kit.
A sexual assault evidence collection kit may not | 18 |
| be released by a hospital
without the written consent of the | 19 |
| sexual assault survivor. In the case of a
survivor who is a | 20 |
| minor 13 years of age or older, evidence and
information | 21 |
| concerning the sexual assault may be released at the
written | 22 |
| request of the minor. If the survivor is a minor who is under | 23 |
| 13 years
of age, evidence and information concerning the | 24 |
| alleged sexual assault may be
released at the written request | 25 |
| of the parent, guardian, investigating law
enforcement | 26 |
| officer, or Department of Children and Family Services. If the |
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| survivor is an adult who has a guardian of the person, a health | 2 |
| care surrogate, or an agent acting under a health care power of | 3 |
| attorney, then consent of the guardian, surrogate, or agent is | 4 |
| not required to release evidence and information concerning the | 5 |
| sexual assault. If the adult is unable to provide consent for | 6 |
| the release of evidence and information and a guardian, | 7 |
| surrogate, or agent under a health care power of attorney is | 8 |
| unavailable or unwilling to release the information, then an | 9 |
| investigating law enforcement officer may authorize the | 10 |
| release. Any health
care professional, including any | 11 |
| physician, advanced practice nurse, physician assistant, or | 12 |
| nurse, sexual assault nurse
examiner, and any health care
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| institution, including any hospital, who provides evidence or | 14 |
| information to a
law enforcement officer pursuant to a written | 15 |
| request as specified in this
Section is immune from any civil | 16 |
| or professional liability that might arise
from those actions, | 17 |
| with the exception of willful or wanton misconduct. The
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| immunity provision applies only if all of the requirements of | 19 |
| this Section are
met.
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| (a-5) All sexual assault evidence collected using the State | 21 |
| Police Evidence Collection Kits before January 1, 2005 (the | 22 |
| effective date of Public Act 93-781) that have not been | 23 |
| previously analyzed and tested by the Department of State | 24 |
| Police shall be analyzed and tested within 2 years after | 25 |
| receipt of all necessary evidence and standards into the State | 26 |
| Police Laboratory if sufficient staffing and resources are |
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| available. All sexual assault evidence collected using the | 2 |
| State Police Evidence Collection Kits on or after January 1, | 3 |
| 2005 (the effective date of Public Act 93-781) shall be | 4 |
| analyzed and tested by the Department of State Police within | 5 |
| one year after receipt of all necessary evidence and standards | 6 |
| into the State Police Laboratory if sufficient staffing and | 7 |
| resources are available.
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| (b) The Illinois State Police shall administer a program to | 9 |
| train hospitals
and hospital personnel participating in the | 10 |
| sexual assault evidence collection
program, in the correct use | 11 |
| and application of the sexual assault evidence
collection kits. | 12 |
| A sexual assault nurse examiner may conduct
examinations using | 13 |
| the sexual assault evidence collection kits, without the
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| presence or participation of a physician. The Department
shall
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| cooperate with the Illinois State Police in this
program as it | 16 |
| pertains to medical aspects of the evidence collection.
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| (c) In this Section, "sexual assault nurse examiner" means | 18 |
| a registered
nurse
who has completed a sexual assault nurse | 19 |
| examiner (SANE) training program that
meets the Forensic Sexual | 20 |
| Assault Nurse Examiner Education Guidelines
established by the | 21 |
| International Association of Forensic Nurses.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect January | 24 |
| 1, 2010.
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