Bill Amendment: IL HB3038 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SEXUAL ASSAULT-TREATMENT

Status: 2019-07-12 - Public Act . . . . . . . . . 101-0073 [HB3038 Detail]

Download: Illinois-2019-HB3038-House_Amendment_001.html

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Rep. Michael D. Unes

Filed: 3/20/2019

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AMENDMENT TO HOUSE BILL 3038
AMENDMENT NO. ______. Amend House Bill 3038 by replacing
everything after the enacting clause with the following:
"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

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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

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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.

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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

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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

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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

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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

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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

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(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

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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.)".