Public Act 095-0432
 		





SB1618 Enrolled
LRB095 11040 KBJ 31360 b






    AN ACT concerning public 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 adding Section 5.5 and by changing 
Sections 1a, 2, 2.1, 2.2, 3, 5, 6.1, 6.2, 6.4, and 7 as 
follows:
 



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



    Sec. 1a. Definitions. In this Act:

    "Ambulance provider" means an individual or entity that 
owns and operates a business or service using ambulances or 
emergency medical services vehicles to transport emergency 
patients.

    "Areawide sexual assault treatment plan" means a plan, 
developed by the hospitals in the community or area to be 
served, which provides for hospital emergency services to 
sexual assault survivors that shall be made available by each 
of the participating hospitals.

    "Department" means the Department of Public Health.

    "Emergency contraception" means medication as approved by 
the federal Food and Drug Administration (FDA) that can 
significantly reduce the risk of pregnancy if taken within 72 
hours after sexual assault.

    "Follow-up healthcare" means healthcare services related 
to a sexual assault, including laboratory services and pharmacy 
services, rendered within 90 days of the initial visit for 
hospital emergency services.

    "Forensic services" means the collection of evidence 
pursuant to a statewide sexual assault evidence collection 
program administered by the Department of  State Police, using 
the Illinois State Police Sexual Assault Evidence Collection 
Kit.

    "Health care professional" means a physician, a physician 
assistant, or an advanced practice nurse.

    "Hospital" has the meaning given to that term in the 
Hospital Licensing Act.

    "Hospital emergency services" means healthcare delivered 
to outpatients within or under the care and supervision of 
personnel working in a designated emergency department of a 
hospital, including, but not limited to, care ordered by such 
personnel for a sexual assault survivor in the emergency 
department.

    "Illinois State Police Sexual Assault Evidence Collection 
Kit" means a prepackaged set of materials and forms to be used 
for the collection of evidence relating to sexual assault. The 
standardized evidence collection kit for the State of Illinois 
shall be the Illinois State Police Sexual Assault Evidence 
Collection Kit.

    "Nurse" means a nurse licensed under the Nursing and 
Advanced Practice Nursing Act.

    "Physician" means a person licensed to practice medicine in 
all its branches.

    "Sexual assault" means an act of nonconsensual sexual 
conduct or sexual penetration, as defined in Section 12-12 of 
the Criminal Code of 1961, including, without limitation, acts 
prohibited under Sections 12-13 through 12-16 of the Criminal 
Code of 1961.

    "Sexual assault survivor" means a person who presents for 
hospital emergency services in relation to injuries or trauma 
resulting from a sexual assault.

    "Sexual assault transfer plan" means a written plan 
developed by a hospital and approved by the Department, which 
describes the hospital's procedures for transferring sexual 
assault survivors to another hospital in order to receive 
emergency treatment.

    "Sexual assault treatment plan" means a written plan 
developed by a hospital that describes the hospital's 
procedures and protocols for providing hospital emergency 
services and forensic services to sexual assault survivors who 
present themselves for such services, either directly or 
through transfer from another hospital.

    "Transfer services" means the appropriate medical 
screening examination and necessary stabilizing treatment 
prior to the transfer of a sexual assault survivor to a 
hospital that provides hospital emergency services and 
forensic services to sexual assault survivors pursuant to a 
sexual assault treatment plan or areawide sexual assault 
treatment plan.

Sexual assault means an act of forced sexual penetration or

sexual conduct, as defined in Section 12-12 of the Criminal 
Code, including
acts prohibited under Sections 12-13 through 
12-16 of the Criminal Code of
1961, as amended.

(Source: P.A. 85-577.)

 



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



    Sec. 2. Hospital requirements.
Hospitals to furnish 
emergency service.
 Every hospital
required to be licensed by 
the Department of Public
Health pursuant to
the Hospital 
Licensing Act, approved July 1, 1953, as now or hereafter

amended, which provides general medical and surgical hospital 
services
shall provide either (i) transfer services or (ii) 
hospital emergency services and forensic services
emergency 
hospital service, in accordance with rules and
regulations 
adopted by the Department of Public Health,
to all alleged

sexual assault survivors who apply for either (i) transfer 
services or (ii) hospital emergency services and forensic 
services
such hospital emergency services in
relation to 
injuries or trauma resulting from the sexual assault.

    In addition, every such hospital, regardless of whether or 
not a request
is made for reimbursement, except hospitals 
participating in community
or area wide plans in compliance 
with Section 4 of this Act, shall submit
to the Department of 
Public Health a plan to provide either (i) transfer services or 
(ii) hospital emergency services and forensic services

hospital emergency
services to alleged sexual assault 
survivors which
shall be made available by such hospital.
Such 
plan shall be submitted within 60 days after
of receipt of the

Department's request for this plan, to the Department of Public 
Health for approval prior to such plan becoming effective.  The

Department of Public Health shall approve such plan for
either 
(i) transfer services or (ii) hospital emergency services and 
forensic services
emergency service
to alleged sexual assault 
survivors if it finds that the implementation of
the proposed 
plan would provide adequate (i) transfer services or (ii) 
hospital emergency services and forensic services
hospital 
emergency service for
alleged sexual assault survivors and 
provide sufficient protections from the
risk of pregnancy to
by

sexual assault survivors.

    The Department of Public Health shall periodically
conduct 
on site
reviews
of such approved
plans with hospital personnel 
to insure that the established procedures
are being followed.
    On January 1, 2007, and each January 1 thereafter, the 
Department shall submit a report to the General Assembly 
containing information on the hospitals in this State that have 
submitted a plan to provide either (i) transfer services or 
(ii) hospital emergency services and forensic services

hospital emergency services to sexual assault survivors.  The 
Department shall post on its Internet website the report 
required in this Section. The report shall include all of the 
following:
        (1) A list of all hospitals that have submitted a plan.
        (2) A list of hospitals whose plans have been found by 
    the Department to be in compliance with this Act.
        (3) A list of hospitals that have failed to submit an 
    acceptable Plan of Correction within the time required by 
    Section 2.1 of this Act.
        (4) A list of hospitals at which the periodic site 
    review required by this Act has been conducted.

When a hospital listed as noncompliant under item (3) of this 
Section submits and implements the required Plan of Correction, 
the Department shall immediately update the report on its 
Internet website to reflect that hospital's compliance.

(Source: P.A. 94-762, eff. 5-12-06.)

 



    (410 ILCS 70/2.1)  (from Ch. 111 1/2, par. 87-2.1)



    Sec. 2.1. Plan of correction; penalties.
Plans of 
correction - Penalties for failure to implement
such plans.  If 
the Department of Public Health surveyor determines that
the 
hospital is not
in compliance with its approved plan, the 
surveyor shall provide the
hospital with a written list of the 
specific items of noncompliance within
10 working days after
2 
weeks of the conclusion of the on site review.  The hospital 
shall have
10
14 working days to submit to the Department of 
Public Health a plan of
correction which
contains the 
hospital's specific proposals for correcting the items of

noncompliance.  The Department of Public Health shall review the 
plan of
correction and
notify the hospital in writing within 10 
working days as to whether the plan is acceptable
or 
unacceptable
nonacceptable.

    If the Department of Public Health finds the Plan of 
Correction
unacceptable
nonacceptable, the
hospital shall have 
10
7 working days to resubmit an acceptable Plan of
Correction.  
Upon notification that its Plan of Correction is acceptable, a

hospital shall implement the Plan of Correction within 60 days.

    The failure to submit an acceptable Plan of Correction or 
to implement
the Plan of Correction, within the time frames 
required in this Section,
will subject a hospital to the 
imposition of a fine by the Department of
Public Health.  The

Department of Public Health may impose a fine of up to $500 per 
day
until a hospital
complies with the requirements of this 
Section.

    Before imposing a fine pursuant to this Section, the 
Department of Public
Health shall
provide the hospital via 
certified mail with written notice and an
opportunity for an 
administrative hearing.  Such hearing must be requested
within 
10 working days after
of receipt of the Department's
Department 
of Public Health's Notice.
All hearings
shall be conducted in 
accordance with the Department's
Department of Public Health's

rules
in
administrative hearings.

(Source: P.A. 94-762, eff. 5-12-06.)

 



    (410 ILCS 70/2.2)



    Sec. 2.2. Emergency contraception. 

    (a) The General Assembly finds:


        (1) Crimes of sexual assault and sexual abuse
violence

    cause significant physical, emotional, and
psychological 
    trauma to the victims.  This trauma is compounded by a 
    victim's
fear of becoming pregnant and bearing a child as a 
    result of the sexual
assault.


        (2) Each year over 32,000 women become pregnant in the 
    United States as
the result of rape and
approximately 50% 
    of these pregnancies end in abortion.


        (3) As approved for use by the Federal Food and Drug 
    Administration (FDA),
emergency contraception can 
    significantly reduce the risk of pregnancy if taken
within 
    72 hours after the sexual assault.


        (4) By providing emergency contraception to rape 
    victims in a timely
manner, the trauma of rape can be 
    significantly reduced.

    (b) Within 120 days after the effective date of this 
amendatory Act of the
92nd General Assembly, every hospital 
providing services to alleged sexual
assault survivors in 
accordance with a plan approved under Section 2 must
develop a 
protocol that ensures that each survivor of sexual
assault will 
receive medically and factually accurate and written and oral

information about emergency contraception; the indications and

counter-indications and risks associated with the use of 
emergency
contraception;
and a description of how and when 
victims may be provided emergency
contraception upon
the 
written order of a physician licensed to practice medicine
in 
all its branches, an advanced practice nurse who has a written 
collaborative agreement with a collaborating physician that 
authorizes prescription of emergency contraception, or a 
physician assistant who has been delegated  authority to 
prescribe emergency contraception.  The Department shall 
approve the protocol if it finds
that the implementation of the 
protocol would provide sufficient protection
for survivors of 
an alleged sexual assault.

    The hospital shall implement the protocol upon approval by 
the Department.
The Department shall adopt rules and 
regulations establishing one or more safe
harbor protocols and 
setting minimum acceptable protocol standards that
hospitals 
may develop and implement.  The Department shall approve any 
protocol
that meets those standards.  The Department may provide 
a sample acceptable
protocol upon request.

(Source: P.A. 92-156, eff. 1-1-02; 93-962, eff. 8-20-04.)

 



    (410 ILCS 70/3)  (from Ch. 111 1/2, par. 87-3)



    Sec. 3. Areawide sexual assault treatment plans; 
submission. Hospitals in the area to be served may develop and 
participate in areawide plans that shall describe the hospital 
emergency services and forensic services to sexual assault 
survivors that each participating hospital has agreed to make 
available. Each hospital participating in such a plan shall 
provide such services as it is designated to provide in the 
plan agreed upon by the participants. Areawide plans may 
include hospital transfer plans. All areawide plans shall be 
submitted to the Department for approval, prior to becoming 
effective.  The Department shall approve a proposed plan if it 
finds that the implementation of the plan would provide for 
appropriate hospital emergency services and forensic services 
for the people of the area to be served.
Community or areawide 
plan for emergency services to sexual
assault survivors. A 
hospital is authorized to participate, in conjunction
with one 
or more other hospitals or health care facilities, in a 
community
or areawide plan for the furnishing of hospital 
emergency service to
alleged sexual assault survivors on a 
community or areawide basis provided
each hospital 
participating in such a plan shall furnish such hospital

emergency services as it is designated to provide in the plan 
agreed upon
by the participating hospitals to any alleged 
sexual assault survivor who
applies for such hospital emergency 
services in relation to injuries or
trauma resulting from the 
sexual assault.

(Source: P.A. 85-577.)


 



    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)



    Sec. 5. Minimum requirements for hospitals providing 
hospital emergency services and forensic services
emergency 
service
to sexual assault survivors.

    (a) Every hospital providing hospital emergency services 
and forensic services
emergency
hospital services to an alleged

sexual assault survivors
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 
hospital emergency services and forensic services
emergency 
services, the following:


        (1) appropriate medical examinations and laboratory

    tests required to ensure the health, safety, and welfare
of 
    a
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 
    assault;


        (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) an amount of 
such 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;
, 
    including HIV prophylaxis;


        (5) an evaluation of the sexual assault survivor's risk 
    of contracting human immunodeficiency virus (HIV) from the 
    sexual assault
a blood test to determine the presence or 
    absence of sexually
transmitted disease;


        (6) written and oral instructions indicating the need 
    for follow-up examinations and laboratory tests
a second 
    blood
test 6 weeks after the sexual assault to determine 
    the presence or absence of
sexually transmitted disease; 
    and


        (7) referral by hospital personnel for appropriate 
    counseling; and
as determined by the hospital, by trained

    personnel designated by the hospital.

        (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

    timely follow-up healthcare.

    (b) Any minor who is a sexual assault survivor
an alleged 
survivor of sexual
assault who seeks emergency hospital 
services and forensic services or follow-up healthcare

emergency services
under this Act shall be provided such 
services without the consent
of the parent, guardian or 
custodian of the minor.

    (c) Nothing in this Section creates a physician-patient 
relationship that extends beyond discharge from the hospital 
emergency department.

(Source: P.A. 93-962, eff. 8-20-04; 94-434, eff. 1-1-06.)

 
    (410 ILCS 70/5.5 new)

    Sec. 5.5. Minimum reimbursement requirements for follow-up 
healthcare.
    (a) Every hospital, health care professional, laboratory, 
or pharmacy that provides follow-up healthcare to a sexual 
assault survivor,  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, or physician assistant who has been 
delegated authority by a supervising physician shall be 
reimbursed for the follow-up healthcare services provided.  
Follow-up healthcare services include, but are not limited to, 
the following:
        (1) a physical examination;
        (2) laboratory tests to determine the presence or 
    absence of sexually transmitted disease; and
        (3) appropriate medications, including HIV 
    prophylaxis.
    (b) Reimbursable follow-up healthcare is limited to office 
visits with a physician, advanced practice nurse, or physician 
assistant within 90 days after an initial visit for hospital 
emergency services.
    (c) Nothing in this Section requires a hospital, health 
care professional, laboratory, or pharmacy to provide 
follow-up healthcare to a sexual assault survivor.
 



    (410 ILCS 70/6.1)  (from Ch. 111 1/2, par. 87-6.1)



    Sec. 6.1. Minimum standards. The Department shall
To

prescribe minimum standards, rules, and
regulations necessary

to implement this Act, which shall apply to every hospital

required to be licensed by the Department that provides general 
medical and surgical hospital services
of Public
Health.
Such 
standards shall include, but not be limited to, a
uniform 
system for recording results of medical examinations
and all 
diagnostic tests performed in connection therewith to

determine the condition and necessary treatment of alleged

sexual assault survivors, which results shall be preserved in a

confidential manner as part of the hospital record of the 
sexual assault survivor
patient.

(Source: P.A. 89-507, eff. 7-1-97.)

 



    (410 ILCS 70/6.2)  (from Ch. 111 1/2, par. 87-6.2)



    Sec. 6.2. Assistance and grants. The Department shall
To

assist in the development and operation
of programs which 
provide hospital emergency services and forensic services

emergency services to alleged sexual assault
survivors, and, 
where necessary, to provide grants to hospitals for
this 
purpose.

(Source: P.A. 85-577.)


 



    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)


    Sec. 6.4. Sexual assault evidence collection program. 

    (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

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
State Police Evidence Collection Kit, also
known 
as "S.P.E.C.K.".
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 alleged 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. Any 
health
care professional, including any physician, advanced 
practice nurse, physician assistant,  or nurse, sexual assault 
nurse
examiner, and any health care
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
immunity 
provision applies only if all of the requirements of this 
Section are
met.

    (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)
this amendatory Act of the 
93rd General Assembly 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) this amendatory Act of the 93rd General 
Assembly 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.

    (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

presence or participation of a physician.  The Department of 
Public Health
shall
cooperate with the Illinois State Police in 
this
program as it pertains to medical aspects of the evidence 
collection.

    (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.

(Source: P.A. 92-514, eff. 1-1-02; 93-781, eff. 1-1-05; 93-962, 
eff. 8-20-04; revised 10-14-04.)

 



    (410 ILCS 70/7)  (from Ch. 111 1/2, par. 87-7)



    Sec. 7. Charges
Hospital charges and reimbursement. 
    (a) When any ambulance provider furnishes transportation, 
hospital provides hospital emergency services and forensic 
services, hospital or health care professional or laboratory 
provides follow-up healthcare, or pharmacy dispenses 
prescribed medications
hospital
or ambulance provider 
furnishes emergency services to any alleged sexual
assault 
survivor, as defined by the Department of Healthcare and Family 
Services
Public Aid pursuant to
Section 6.3 of this Act, who is 
neither eligible to
receive such services under the Illinois 
Public Aid Code nor covered as
to such services by a policy of 
insurance, the hospital and ambulance provider, hospital, 
health care professional, or laboratory
shall furnish such 
services to that person without charge and shall
be entitled to 
be reimbursed for its billed charges in
providing such services 
by the Illinois Sexual Assault Emergency Treatment Program 
under the
Department of Healthcare and Family Services
Public 
Aid. Pharmacies shall dispense prescribed medications without 
charge to the survivor and shall be reimbursed at the 
Department of Healthcare and Family Services' Medicaid 
allowable rates.


    (b) The hospital is responsible for submitting the request 
for reimbursement for ambulance services, hospital emergency 
services, and forensic services to the Illinois Sexual Assault 
Emergency Treatment Program. Nothing in this Section precludes 
hospitals from providing follow-up healthcare and receiving 
reimbursement under this Section.
    (c) The health care professional who provides follow-up 
healthcare and the pharmacy that dispenses prescribed 
medications to a sexual assault survivor are responsible for 
submitting the request for reimbursement for follow-up 
healthcare or pharmacy services to the Illinois Sexual Assault 
Emergency Treatment Program.
    (d) The Department of Healthcare and Family Services shall 
establish standards, rules, and regulations to implement this 
Section.

(Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised 
12-15-05.)


 

    (410 ILCS 70/4 rep.)



    (410 ILCS 70/6 rep.)



    (410 ILCS 70/6.3 rep.)


    Section 10. The Sexual Assault Survivors Emergency 
Treatment Act is amended  by repealing Sections 4, 6, and 6.3.





























									INDEX
								

									Statutes amended in order of appearance
								

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


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


    410 ILCS 70/2.1
from Ch. 111 1/2, par. 87-2.1


    410 ILCS 70/2.2




    410 ILCS 70/3
from Ch. 111 1/2, par. 87-3


    410 ILCS 70/5
from Ch. 111 1/2, par. 87-5




    410 ILCS 70/5.5 new





    410 ILCS 70/6.1
from Ch. 111 1/2, par. 87-6.1


    410 ILCS 70/6.2
from Ch. 111 1/2, par. 87-6.2


    410 ILCS 70/6.4
from Ch. 111 1/2, par. 87-6.4


    410 ILCS 70/7
from Ch. 111 1/2, par. 87-7


    410 ILCS 70/4 rep.




    410 ILCS 70/6 rep.




    410 ILCS 70/6.3 rep.