Public Act 101-0073
 
HB3038 EnrolledLRB101 10078 CPF 55181 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 2 as follows:
 


    (410 ILCS 70/2)  (from Ch. 111 1/2, par. 87-2)




    Sec. 2. Hospital and approved pediatric health care 
facility requirements for sexual assault plans.

 
    (a) Every hospital
required to be licensed by the 
Department pursuant to
the Hospital Licensing Act, or operated 
under the University of Illinois Hospital Act that provides 
general medical and surgical hospital services
shall provide 
either (i) transfer services to all sexual assault survivors, 
(ii) medical forensic services to all sexual assault survivors, 
or (iii) transfer services to pediatric sexual assault 
survivors and medical forensic services to sexual assault 
survivors 13 years old or older, in accordance with rules 
adopted by the Department.

    In addition, every such hospital, regardless of whether or 
not a request
is made for reimbursement, shall submit
to the 
Department a plan to provide either (i) transfer services to 
all sexual assault survivors, (ii) medical forensic services to 
all sexual assault survivors, or (iii) transfer services to 
pediatric sexual assault survivors and medical forensic 
services to sexual assault survivors 13 years old or older.
  The

Department shall approve such plan for
either (i) transfer 
services to all sexual assault survivors, (ii) medical forensic 
services

to all sexual assault survivors, or (iii) transfer 
services to pediatric sexual assault survivors and medical 
forensic services to sexual assault survivors 13 years old or 
older, if it finds that the implementation of
the proposed plan 
would provide (i) transfer services or (ii) medical forensic 
services for
 sexual assault survivors in accordance with the 
requirements of this Act and provide sufficient protections 
from the
risk of pregnancy to

sexual assault survivors. 
Notwithstanding anything to the contrary in this paragraph, the 
Department may approve a sexual assault transfer plan for the 
provision of medical forensic services until January 1, 2022 
if: 
        (1) a treatment hospital with approved pediatric 
    transfer has agreed, as part of an areawide treatment plan, 
    to accept sexual assault survivors 13 years of age or older 
    from the proposed transfer hospital, if the treatment 
    hospital with approved pediatric transfer is 
    geographically closer to the transfer hospital than a 
    treatment hospital or another treatment hospital with 
    approved pediatric transfer and such transfer is not unduly 
    burdensome on the sexual assault survivor; and
        (2) a treatment hospital has agreed, as a part of an 
    areawide treatment plan, to accept sexual assault 
    survivors under 13 years of age from the proposed transfer 
    hospital and transfer to the treatment hospital would not 
    unduly burden the sexual assault survivor.

    The Department may not approve a sexual assault transfer 
plan unless a treatment hospital has agreed, as a part of an 
areawide treatment plan, to accept sexual assault survivors 
from the proposed transfer hospital and a transfer to the 
treatment hospital would not unduly burden the sexual assault 
survivor.
    In counties with a population of less than 1,000,000, the 
Department may not approve a sexual assault transfer plan for a 
hospital located within a 20-mile radius of a 4-year public 
university, not including community colleges, unless there is a 
treatment hospital with a sexual assault treatment plan 
approved by the Department within a 20-mile radius of the 
4-year public university. 
    A transfer must be in accordance with federal and State 
laws and local ordinances. 
    A treatment hospital with approved pediatric transfer must 
submit an areawide treatment plan under Section 3 of this Act 
that includes a written agreement with a treatment hospital 
stating that the treatment hospital will provide medical 
forensic services to pediatric sexual assault survivors 
transferred from the treatment hospital with approved 
pediatric transfer.  The areawide treatment plan may also 
include an approved pediatric health care facility.
    A transfer hospital must submit an areawide treatment plan 
under Section 3 of this Act that includes a written agreement 
with a treatment hospital stating that the treatment hospital 
will provide medical forensic services to all sexual assault 
survivors transferred from the transfer hospital.  The areawide 
treatment plan may also include an approved pediatric health 
care facility. Notwithstanding anything to the contrary in this 
paragraph, until January 1, 2022, the areawide treatment plan 
may include a written agreement with a treatment hospital with 
approved pediatric transfer that is geographically closer than 
other hospitals providing medical forensic services to sexual 
assault survivors 13 years of age or older stating that the 
treatment hospital with approved pediatric transfer will 
provide medical services to sexual assault survivors 13 years 
of age or older who are transferred from the transfer hospital.  
If the areawide treatment plan includes a written agreement 
with a treatment hospital with approved pediatric transfer, it 
must also include a written agreement with a treatment hospital 
stating that the treatment hospital will provide medical 
forensic services to sexual assault survivors under 13 years of 
age who are transferred from the transfer hospital. 
    Beginning January 1, 2019, each treatment hospital and 
treatment hospital with approved pediatric transfer shall 
ensure that emergency department attending physicians, 
physician assistants, advanced practice registered nurses, and 
registered professional nurses providing clinical services, 
who do not meet the definition of a qualified medical provider 
in Section 1a of this Act, receive a minimum of 2 hours of 
sexual assault training by July 1, 2020 or until the treatment 
hospital or treatment hospital with approved pediatric 
transfer certifies to the Department, in a form and manner 
prescribed by the Department, that it employs or contracts with 
a qualified medical provider in accordance with subsection 
(a-7) of Section 5, whichever occurs first.
    After July 1, 2020 or once a treatment hospital or a 
treatment hospital with approved pediatric transfer certifies 
compliance with subsection (a-7) of Section 5, whichever occurs 
first, each treatment hospital and treatment hospital with 
approved pediatric transfer shall ensure that emergency 
department attending physicians, physician assistants, 
advanced practice registered nurses, and registered 
professional nurses providing clinical services, who do not 
meet the definition of a qualified medical provider in Section 
1a of this Act, receive a minimum of 2 hours of continuing 
education on responding to sexual assault survivors every 2 
years. Protocols for training shall be included in the 
hospital's sexual assault treatment plan. 
    Sexual assault training provided under this subsection 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 Illinois 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.
    The online training made available by the Office of the 
Attorney General under subsection (b) of Section 10 may be used 
to comply with this subsection. 
    (b) An approved pediatric health care facility may provide 
medical forensic services, in accordance with rules adopted by 
the Department, to all pediatric sexual assault survivors who 
present for medical forensic services in relation to injuries 
or trauma resulting from a sexual assault. These services shall 
be provided by a qualified medical provider. 
    A pediatric health care facility must participate in or 
submit an areawide treatment plan under Section 3 of this Act 
that includes a treatment hospital. If a pediatric health care 
facility does not provide certain medical or surgical services 
that are provided by hospitals, the areawide sexual assault 
treatment plan must include a procedure for ensuring a sexual 
assault survivor in need of such medical or surgical services 
receives the services at the treatment hospital.  The areawide 
treatment plan may also include a treatment hospital with 
approved pediatric transfer.
    The Department shall review a proposed sexual assault 
treatment plan submitted by a pediatric health care facility 
within 60 days after receipt of the plan.  If the Department 
finds that the proposed plan meets the minimum requirements set 
forth in Section 5 of this Act and that implementation of the 
proposed plan would provide medical forensic services for 
pediatric sexual assault survivors, then the Department shall 
approve the plan.  If the Department does not approve a plan,  
then the Department shall notify the pediatric health care 
facility that the proposed plan has not been approved.  The 
pediatric health care facility shall have 30 days to submit a 
revised plan.  The Department shall review the revised plan 
within 30 days after receipt of the plan and notify the 
pediatric health care facility whether the revised plan is 
approved or rejected.  A pediatric health care facility may not 
provide medical forensic services to pediatric sexual assault 
survivors who present with a complaint of sexual assault within 
a minimum of the last 7 days or who have disclosed past sexual 
assault by a specific individual and were in the care of that 
individual within a minimum of the last 7 days until the 
Department has approved a treatment plan.
    If an approved pediatric health care facility is not open 
24 hours a day, 7 days a week, it shall post signage at each 
public entrance to its facility that: 
        (1) is at least 14 inches by 14 inches in size;
        (2) directs those seeking services as follows: "If 
    closed, call 911 for services or go to the closest hospital 
    emergency department, (insert name) located at (insert 
    address).";
        (3) lists the approved pediatric health care 
    facility's hours of operation;
        (4) lists the street address of the building;
        (5) has a black background with white bold capital 
    lettering in a clear and easy to read font that is at least 
    72-point type, and with "call 911" in at least 125-point 
    type;
        (6) is posted clearly and conspicuously on or adjacent 
    to the door at each entrance and, if building materials 
    allow, is posted internally for viewing through glass;   if 
    posted externally, the sign shall be made of 
    weather-resistant and theft-resistant materials, 
    non-removable, and adhered permanently to the building; 
    and
        (7) has lighting that is part of the sign itself or is 
    lit with a dedicated light that fully illuminates the sign.
    A copy of the proposed sign must be submitted to the 
Department and approved as part of the approved pediatric 
health care facility's sexual assault treatment plan. 
    (c) Each treatment hospital, treatment hospital with 
approved pediatric transfer, and approved pediatric health 
care facility must enter into a  memorandum of understanding 
with a rape crisis center for medical advocacy services, if 
these services are available to the treatment hospital, 
treatment hospital with approved pediatric transfer, or 
approved pediatric health care facility. With the consent of 
the sexual assault survivor, a rape crisis counselor shall 
remain in the exam room during the collection for forensic 
evidence.
    (d) Every treatment hospital, treatment hospital with 
approved pediatric transfer, and approved pediatric health 
care facility's sexual assault treatment plan shall include 
procedures for complying with mandatory reporting requirements 
pursuant to (1) the Abused and Neglected Child Reporting Act; 
(2) the Abused and Neglected Long Term Care Facility Residents 
Reporting Act; (3) the Adult Protective Services Act; and (iv) 
the Criminal Identification Act.
    (e) Each treatment hospital, treatment hospital with 
approved pediatric transfer, and approved pediatric health 
care facility shall submit to the Department every 6 months, in 
a manner prescribed by the Department, the following 
information: 
        (1) The total number of patients who presented with a 
    complaint of sexual assault.
        (2) The total number of Illinois Sexual Assault 
    Evidence Collection Kits: 
            (A) offered to (i) all sexual assault survivors and 
        (ii) pediatric sexual assault survivors
       pursuant to 
        paragraph (1.5) of subsection (a-5) of Section 5;
            (B) completed for (i) all sexual assault survivors 
        and (ii) pediatric sexual assault
       survivors; and
            (C) declined by (i) all sexual assault survivors 
        and (ii) pediatric sexual assault survivors.
    This information shall be made available on the 
Department's website.

(Source: P.A. 100-775, eff. 1-1-19.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.