Illinois General Assembly - Full Text of Public Act 094-0434
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Public Act 094-0434




Public Act 094-0434
SB1878 Enrolled LRB094 11451 RXD 42372 b

    AN ACT concerning health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 5 as follows:
    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
    Sec. 5. Minimum requirements for hospitals providing
emergency service to sexual assault survivors.
    (a) Every hospital providing emergency hospital services
to an alleged sexual assault survivor under this Act shall, as
minimum requirements for such services, provide, with the
consent of the alleged sexual assault survivor, and as ordered
by the attending physician, an advanced practice nurse who has
a written collaborative agreement with a collaborating
physician that authorizes provision of emergency services, or a
physician assistant who has been delegated authority to provide
emergency services, the following:
        (1) appropriate medical examinations and laboratory
    tests required to ensure the health, safety, and welfare of
    an alleged sexual assault survivor or which may be used as
    evidence in a criminal proceeding against a person accused
    of the sexual assault, or both; and records of the results
    of such examinations and tests shall be maintained by the
    hospital and made available to law enforcement officials
    upon the request of the alleged sexual assault survivor;
        (2) appropriate oral and written information
    concerning the possibility of infection, sexually
    transmitted disease and pregnancy resulting from sexual
        (3) appropriate oral and written information
    concerning accepted medical procedures, medication, and
    possible contraindications of such medication available
    for the prevention or treatment of infection or disease
    resulting from sexual assault;
        (4) such medication as is deemed appropriate by the
    attending physician, an advanced practice nurse, or a
    physician assistant, including HIV prophylaxis;
        (5) a blood test to determine the presence or absence
    of sexually transmitted disease;
        (6) written and oral instructions indicating the need
    for a second blood test 6 weeks after the sexual assault to
    determine the presence or absence of sexually transmitted
    disease; and
        (7) appropriate counseling as determined by the
    hospital, by trained personnel designated by the hospital.
    (b) Any minor who is an alleged survivor of sexual assault
who seeks emergency services under this Act shall be provided
such services without the consent of the parent, guardian or
custodian of the minor.
(Source: P.A. 93-962, eff. 8-20-04.)

Effective Date: 1/1/2006