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Public Act 096-0318 |
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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 | ||||
Treatment Act is amended by changing Sections 5 and 6.4 as | ||||
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 | ||||
hospital emergency services and forensic services
to sexual | ||||
assault survivors.
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(a) Every hospital providing hospital emergency services | ||||
and forensic services to
sexual assault survivors under this | ||||
Act
shall, as minimum requirements for such services, provide, | ||||
with the consent
of the 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 | ||||
hospital emergency services and forensic services, the | ||||
following:
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(1) appropriate medical examinations and laboratory
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tests required to ensure the health, safety, and welfare
of | ||||
a sexual assault survivor or which may be
used as evidence |
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 | ||
examinations
and tests shall be maintained by the hospital | ||
and made available to law
enforcement officials upon the | ||
request of the sexual assault survivor;
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(2) appropriate oral and written information | ||
concerning the possibility
of infection, sexually | ||
transmitted disease and pregnancy
resulting from sexual | ||
assault;
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(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;
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(4) an amount of medication for treatment at the | ||
hospital and after discharge as is deemed appropriate by | ||
the attending physician, an advanced practice nurse, or a | ||
physician assistant and consistent with the hospital's | ||
current approved protocol for sexual assault survivors;
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(5) an evaluation of the sexual assault survivor's risk | ||
of contracting human immunodeficiency virus (HIV) from the | ||
sexual assault;
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(6) written and oral instructions indicating the need | ||
for follow-up examinations and laboratory tests after the | ||
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 | ||
counseling; and
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(8) when HIV prophylaxis is deemed appropriate, an | ||
initial dose or doses of HIV prophylaxis, along with | ||
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 | ||
seeks emergency hospital services and forensic services or | ||
follow-up healthcare
under this Act shall be provided such | ||
services without the consent
of any the parent, guardian , or | ||
custodian , surrogate, or agent of the minor .
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(c) Nothing in this Section creates a physician-patient | ||
relationship that extends beyond discharge from the hospital | ||
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 | ||
collection program
to facilitate the prosecution of persons | ||
accused of sexual assault. This
program shall be administered | ||
by the Illinois
State Police. The program shall
consist of the | ||
following: (1) distribution of sexual assault evidence
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collection kits which have been approved by the Illinois
State | ||
Police to hospitals that request them, or arranging for
such | ||
distribution by the manufacturer of the kits, (2) collection of |
the kits
from hospitals after the kits have been used to | ||
collect
evidence, (3) analysis of the collected evidence and | ||
conducting of laboratory
tests, (4) maintaining the chain of | ||
custody and safekeeping of the evidence
for use in a legal | ||
proceeding, and (5) the comparison of the collected evidence | ||
with the genetic marker grouping analysis information | ||
maintained by the Department of State Police under Section | ||
5-4-3 of the Unified Code of Corrections and with the | ||
information contained in the Federal Bureau of Investigation's | ||
National DNA database; provided the amount and quality of | ||
genetic marker grouping results obtained from the evidence in | ||
the sexual assault case meets the requirements of both the | ||
Department of State Police and the Federal Bureau of | ||
Investigation's Combined DNA Index System (CODIS) policies. | ||
The standardized evidence collection kit for
the State of | ||
Illinois shall be the Illinois State Police Sexual Assault | ||
Evidence Kit.
A sexual assault evidence collection kit may not | ||
be released by a hospital
without the written consent of the | ||
sexual assault survivor. In the case of a
survivor who is a | ||
minor 13 years of age or older, evidence and
information | ||
concerning the sexual assault may be released at the
written | ||
request of the minor. If the survivor is a minor who is under | ||
13 years
of age, evidence and information concerning the | ||
alleged sexual assault may be
released at the written request | ||
of the parent, guardian, investigating law
enforcement | ||
officer, or Department of Children and Family Services. If the |
survivor is an adult who has a guardian of the person, a health | ||
care surrogate, or an agent acting under a health care power of | ||
attorney, then consent of the guardian, surrogate, or agent is | ||
not required to release evidence and information concerning the | ||
sexual assault. If the adult is unable to provide consent for | ||
the release of evidence and information and a guardian, | ||
surrogate, or agent under a health care power of attorney is | ||
unavailable or unwilling to release the information, then an | ||
investigating law enforcement officer may authorize the | ||
release. Any health
care professional, including any | ||
physician, advanced practice nurse, physician assistant, or | ||
nurse, sexual assault nurse
examiner, and any health care
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institution, including any hospital, who provides evidence or | ||
information to a
law enforcement officer pursuant to a written | ||
request as specified in this
Section is immune from any civil | ||
or professional liability that might arise
from those actions, | ||
with the exception of willful or wanton misconduct. The
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immunity provision applies only if all of the requirements of | ||
this Section are
met.
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(a-5) All sexual assault evidence collected using the State | ||
Police Evidence Collection Kits before January 1, 2005 (the | ||
effective date of Public Act 93-781) that have not been | ||
previously analyzed and tested by the Department of State | ||
Police shall be analyzed and tested within 2 years after | ||
receipt of all necessary evidence and standards into the State | ||
Police Laboratory if sufficient staffing and resources are |
available. All sexual assault evidence collected using the | ||
State Police Evidence Collection Kits on or after January 1, | ||
2005 (the effective date of Public Act 93-781) shall be | ||
analyzed and tested by the Department of State Police within | ||
one year after receipt of all necessary evidence and standards | ||
into the State Police Laboratory if sufficient staffing and | ||
resources are available.
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(b) The Illinois State Police shall administer a program to | ||
train hospitals
and hospital personnel participating in the | ||
sexual assault evidence collection
program, in the correct use | ||
and application of the sexual assault evidence
collection kits. | ||
A sexual assault nurse examiner may conduct
examinations using | ||
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 | ||
pertains to medical aspects of the evidence collection.
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(c) In this Section, "sexual assault nurse examiner" means | ||
a registered
nurse
who has completed a sexual assault nurse | ||
examiner (SANE) training program that
meets the Forensic Sexual | ||
Assault Nurse Examiner Education Guidelines
established by the | ||
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 | ||
1, 2010.
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