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91_HB3201
LRB9110539DJcd
1 AN ACT to amend the Sexual Assault Survivors Emergency
2 Treatment Act by changing Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sexual Assault Survivors Emergency
6 Treatment Act is amended by changing Section 5 as follows:
7 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
8 Sec. 5. Minimum requirements for hospitals providing
9 emergency service to sexual assault survivors. (a) Every
10 hospital providing emergency hospital services to an alleged
11 sexual assault survivor under this Act shall, as minimum
12 requirements for such services, provide, with the consent of
13 the alleged sexual assault survivor, and as ordered by the
14 attending physician, the following:
15 (1) appropriate medical examinations and laboratory
16 tests required to ensure the health, safety, and welfare of
17 an alleged sexual assault survivor or which may be used as
18 evidence in a criminal proceeding against a person accused of
19 the sexual assault, or both; and records of the results of
20 such examinations and tests shall be maintained by the
21 hospital and made available to law enforcement officials upon
22 the request of the alleged sexual assault survivor;
23 (2) appropriate oral and written information concerning
24 the possibility of infection, sexually transmitted disease
25 and pregnancy resulting from sexual assault;
26 (3) appropriate oral and written information concerning
27 accepted medical procedures, medication, and possible
28 contraindications of such medication available for the
29 prevention or treatment of infection or disease resulting
30 from sexual assault;
31 (4) such medication as deemed appropriate by the
-2- LRB9110539DJcd
1 attending physician;
2 (5) a blood test to determine the presence or absence of
3 sexually transmitted disease;
4 (6) written and oral instructions indicating the need
5 for a second blood test 6 weeks after the sexual assault to
6 determine the presence or absence of sexually transmitted
7 disease; and
8 (6.5) appropriate oral and written information concerning
9 accepted medical procedures for postcoital emergency
10 contraception and medications approved by the federal Food
11 and Drug Administration for use as postcoital emergency
12 contraception;
13 (6.10) if requested by the survivor of an alleged sexual
14 assault, medication approved by the federal Food and Drug
15 Administration for use as postcoital emergency contraception,
16 unless contraindicated for medical reasons; and
17 (7) appropriate counseling as determined by the
18 hospital, by trained personnel designated by the hospital.
19 (b) Any minor who is an alleged survivor of sexual
20 assault who seeks emergency services under this Act shall be
21 provided such services without the consent of the parent,
22 guardian or custodian of the minor. Only the minor's parent
23 or legal guardian can sign for release of evidence and
24 information concerning the alleged sexual assault.
25 (Source: P.A. 85-577.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.