Section 545.40  Qualified Medical Provider and Emergency Department Clinical Staff

a)         Each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, APRNs, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a of the Act and Section 545.20 of this Part, receive a minimum of two hours of sexual assault training.  Protocols for training shall be included in the hospital's sexual assault treatment plan. (Section 2(a) of the Act)

b)         Once a treatment hospital or a treatment hospital with approved pediatric transfer certifies compliance with Section 5(a-7) of the Act, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, APRNs, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a of the Act and Section 545.20 of this Part, receive a minimum of two hours of continuing education on responding to sexual assault survivors every two years.  (Section 2(a) of the Act)

c)         Sexual assault training provided under this Section may be provided in person or online and shall include, but not be limited to:

1)         Information provided on the provision of medical forensic services;

2)         Information on the use of the Sexual Assault Evidence Collection Kit;

3)         Information on sexual assault epidemiology, neurobiology of trauma, drug-facilitated sexual assault, child sexual abuse, and Illinois sexual assault-related laws; and

4)         Information on the hospital's sexual assault-related policies and procedures.  (Section 2(a) of the Act)

d)         The online training made available by the Office of the Attorney General under Section 10(b) of the Act may be used to comply with this Section.  (Section 2(a) of the Act)

e)         By January 1, 2023, every hospital with a treatment plan approved by the Department shall employ or contract with a qualified medical provider to initiate medical forensic services to a sexual assault survivor within 90 minutes after the patient presenting to the treatment hospital or treatment hospital with approved pediatric transfer. The provision of medical forensic services by a qualified medical provider shall not delay the provision of life-saving medical care.  (Section 5(a-7) of the Act)

f)         To qualify as a sexual assault forensic examiner (SAFE) as defined in Section 545.20, a physician or physician assistant shall submit documents to the SANE Coordinator at the Illinois Attorney General's Office, which will review the submission to qualify an individual to practice as an Adult/Adolescent (AA) SAFE or Pediatric/Adolescent (PA) SAFE.  Documentation shall include, but is not limited to, didactic and clinical training, and clinical experience, that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines, Adult and Pediatric, established by the International Association of Forensic Nurses.  Reviews by the SANE coordinator may include, at the request of the applicant, a peer review by a SANE-A or a SANE-P, or a child abuse pediatrician.

(Source:  Amended at 47 Ill. Reg. 5427, effective March 28, 2023)