Bill Amendment: IL HB5245 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SEXUAL ASSAULT-TREATMENT
Status: 2018-08-10 - Public Act . . . . . . . . . 100-0775 [HB5245 Detail]
Download: Illinois-2017-HB5245-Senate_Amendment_001.html
Bill Title: SEXUAL ASSAULT-TREATMENT
Status: 2018-08-10 - Public Act . . . . . . . . . 100-0775 [HB5245 Detail]
Download: Illinois-2017-HB5245-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5245
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2 | AMENDMENT NO. ______. Amend House Bill 5245 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Sexual Assault Survivors Emergency | ||||||
5 | Treatment Act is amended by changing Sections 1a, 2, 2.1, 2.2, | ||||||
6 | 3, 5, 5.5, 6.1, 6.2, 6.4, 6.5, 6.6, 7, 7.5, 8, and 9 and by | ||||||
7 | adding Sections 2.05, 2.06, 5.1, 5.2, 5.3, 5.4, 9.5, and 10 as | ||||||
8 | follows:
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9 | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
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10 | Sec. 1a. Definitions. In this Act:
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11 | "Advanced practice registered nurse" has the meaning | ||||||
12 | provided in Section 50-10 of the Nurse Practice Act. | ||||||
13 | "Ambulance provider" means an individual or entity that | ||||||
14 | owns and operates a business or service using ambulances or | ||||||
15 | emergency medical services vehicles to transport emergency | ||||||
16 | patients.
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1 | "Approved pediatric health care facility" means a health | ||||||
2 | care facility, other than a hospital, with a sexual assault | ||||||
3 | treatment plan approved by the Department to provide medical | ||||||
4 | forensic services to pediatric sexual assault survivors who | ||||||
5 | present with a complaint of sexual assault within a minimum of | ||||||
6 | the last 7 days or who have disclosed past sexual assault by a | ||||||
7 | specific individual and were in the care of that individual | ||||||
8 | within a minimum of the last 7 days. | ||||||
9 | "Areawide sexual assault treatment plan" means a plan, | ||||||
10 | developed by the hospitals or by hospitals and approved | ||||||
11 | pediatric health care facilities in a the community or area to | ||||||
12 | be served, which provides for medical forensic hospital | ||||||
13 | emergency services to sexual assault survivors that shall be | ||||||
14 | made available by each of the participating hospitals and | ||||||
15 | approved pediatric health care facilities .
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16 | "Board-certified child abuse pediatrician" means a | ||||||
17 | physician certified by the American Board of Pediatrics in | ||||||
18 | child abuse pediatrics. | ||||||
19 | "Board-eligible child abuse pediatrician" means a | ||||||
20 | physician who has completed the requirements set forth by the | ||||||
21 | American Board of Pediatrics to take the examination for | ||||||
22 | certification in child abuse pediatrics. | ||||||
23 | "Department" means the Department of Public Health.
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24 | "Emergency contraception" means medication as approved by | ||||||
25 | the federal Food and Drug Administration (FDA) that can | ||||||
26 | significantly reduce the risk of pregnancy if taken within 72 |
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1 | hours after sexual assault.
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2 | "Follow-up healthcare" means healthcare services related | ||||||
3 | to a sexual assault, including laboratory services and pharmacy | ||||||
4 | services, rendered within 90 days of the initial visit for | ||||||
5 | medical forensic hospital emergency services.
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6 | "Forensic services" means the collection of evidence | ||||||
7 | pursuant to a statewide sexual assault evidence collection | ||||||
8 | program administered by the Department of State Police, using | ||||||
9 | the Illinois State Police Sexual Assault Evidence Collection | ||||||
10 | Kit.
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11 | "Health care professional" means a physician, a physician | ||||||
12 | assistant, a sexual assault forensic examiner, or an advanced | ||||||
13 | practice registered nurse , a registered professional nurse, a | ||||||
14 | licensed practical nurse, or a sexual assault nurse examiner .
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15 | "Hospital" means a hospital licensed under the Hospital | ||||||
16 | Licensing Act or operated under the University of Illinois | ||||||
17 | Hospital Act, any outpatient center included in the hospital's | ||||||
18 | sexual assault treatment plan where hospital employees provide | ||||||
19 | medical forensic services, and an out-of-state hospital that | ||||||
20 | has consented to the jurisdiction of the Department under | ||||||
21 | Section 2.06 has the meaning given to that term in the Hospital | ||||||
22 | Licensing Act .
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23 | "Hospital emergency services" means healthcare delivered | ||||||
24 | to outpatients within or under the care and supervision of | ||||||
25 | personnel working in a designated emergency department of a | ||||||
26 | hospital, including, but not limited to, care ordered by such |
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1 | personnel for a sexual assault survivor in the emergency | ||||||
2 | department.
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3 | "Illinois State Police Sexual Assault Evidence Collection | ||||||
4 | Kit" means a prepackaged set of materials and forms to be used | ||||||
5 | for the collection of evidence relating to sexual assault. The | ||||||
6 | standardized evidence collection kit for the State of Illinois | ||||||
7 | shall be the Illinois State Police Sexual Assault Evidence | ||||||
8 | Collection Kit.
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9 | "Law enforcement agency having jurisdiction" means the law | ||||||
10 | enforcement agency in the jurisdiction where an alleged sexual | ||||||
11 | assault or sexual abuse occurred. | ||||||
12 | "Licensed practical nurse" has the meaning provided in | ||||||
13 | Section 50-10 of the Nurse Practice Act. | ||||||
14 | "Medical forensic services" means health care delivered to | ||||||
15 | patients within or under the care and supervision of personnel | ||||||
16 | working in a designated emergency department of a hospital or | ||||||
17 | an approved pediatric health care facility. "Medical forensic | ||||||
18 | services" includes, but is not limited to, taking a medical | ||||||
19 | history, performing photo documentation, performing a physical | ||||||
20 | and anogenital examination, assessing the patient for evidence | ||||||
21 | collection, collecting evidence in accordance with a statewide | ||||||
22 | sexual assault evidence collection program administered by the | ||||||
23 | Department of State Police using the Illinois State Police | ||||||
24 | Sexual Assault Evidence Collection Kit, if appropriate, | ||||||
25 | assessing the patient for drug-facilitated or | ||||||
26 | alcohol-facilitated sexual assault, providing an evaluation of |
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1 | and care for sexually transmitted infection and human | ||||||
2 | immunodeficiency virus (HIV), pregnancy risk evaluation and | ||||||
3 | care, and discharge and follow-up healthcare planning. | ||||||
4 | "Pediatric health care facility" means a clinic or | ||||||
5 | physician's office that provides medical services to pediatric | ||||||
6 | patients. | ||||||
7 | "Pediatric sexual assault survivor" means a person under | ||||||
8 | the age of 13 who presents for medical forensic services in | ||||||
9 | relation to injuries or trauma resulting from a sexual assault. | ||||||
10 | "Photo documentation" means digital photographs or | ||||||
11 | colposcope videos stored and backed-up securely in the original | ||||||
12 | file format. | ||||||
13 | "Nurse" means a nurse licensed under the Nurse
Practice | ||||||
14 | Act. | ||||||
15 | "Physician" means a person licensed to practice medicine in | ||||||
16 | all its branches.
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17 | "Physician assistant" has the meaning provided in Section 4 | ||||||
18 | of the Physician Assistant Practice Act of 1987. | ||||||
19 | "Prepubescent sexual assault survivor" means a female who | ||||||
20 | is under the age of 18 years and has not had a first menstrual | ||||||
21 | cycle or a male who is under the age of 18 years and has not | ||||||
22 | started to develop secondary sex characteristics who presents | ||||||
23 | for medical forensic services in relation to injuries or trauma | ||||||
24 | resulting from a sexual assault. | ||||||
25 | "Qualified medical provider" means a board-certified child | ||||||
26 | abuse pediatrician, board-eligible child abuse pediatrician, a |
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1 | sexual assault forensic examiner, or a sexual assault nurse | ||||||
2 | examiner who has access to photo documentation tools, and who | ||||||
3 | participates in peer review. | ||||||
4 | "Registered Professional Nurse" has the meaning provided | ||||||
5 | in Section 50-10 of the Nurse Practice Act. | ||||||
6 | "Sexual assault" means : | ||||||
7 | (1) an act of nonconsensual sexual conduct ; as used in | ||||||
8 | this paragraph, "sexual conduct" has the meaning provided | ||||||
9 | under Section 11-0.1 of the Criminal Code of 2012; or | ||||||
10 | (2) any act of sexual penetration; as used in this | ||||||
11 | paragraph, "sexual penetration" has the meaning provided | ||||||
12 | under Section 11-0.1 of the Criminal Code of 2012 and | ||||||
13 | includes, or sexual penetration, as defined in Section | ||||||
14 | 11-0.1 of the Criminal Code of 2012, including, without | ||||||
15 | limitation, acts prohibited under Sections 11-1.20 through | ||||||
16 | 11-1.60 of the Criminal Code of 2012.
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17 | "Sexual assault forensic examiner" means a physician or | ||||||
18 | physician assistant who has completed training that meets or is | ||||||
19 | substantially similar to the Sexual Assault Nurse Examiner | ||||||
20 | Education Guidelines established by the International | ||||||
21 | Association of Forensic Nurses. | ||||||
22 | "Sexual assault nurse examiner" means an advanced practice | ||||||
23 | registered nurse or registered professional nurse who has | ||||||
24 | completed a sexual assault nurse examiner training program that | ||||||
25 | meets the Sexual Assault Nurse Examiner Education Guidelines | ||||||
26 | established by the International Association of Forensic |
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1 | Nurses. | ||||||
2 | "Sexual assault services voucher" means a document | ||||||
3 | generated by a hospital or approved pediatric health care | ||||||
4 | facility at the time the sexual assault survivor receives | ||||||
5 | outpatient medical forensic services that may be used to seek | ||||||
6 | payment for any ambulance services, medical forensic services, | ||||||
7 | laboratory services, pharmacy services, and follow-up | ||||||
8 | healthcare provided as a result of the sexual assault. | ||||||
9 | "Sexual assault survivor" means a person who presents for | ||||||
10 | medical forensic hospital emergency services in relation to | ||||||
11 | injuries or trauma resulting from a sexual assault.
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12 | "Sexual assault transfer plan" means a written plan | ||||||
13 | developed by a hospital and approved by the Department, which | ||||||
14 | describes the hospital's procedures for transferring sexual | ||||||
15 | assault survivors to another hospital , and an approved | ||||||
16 | pediatric health care facility, if applicable, in order to | ||||||
17 | receive medical forensic services emergency treatment . | ||||||
18 | "Sexual assault treatment plan" means a written plan | ||||||
19 | developed by a hospital that describes the hospital's | ||||||
20 | procedures and protocols for providing medical hospital | ||||||
21 | emergency services and forensic services to sexual assault | ||||||
22 | survivors who present themselves for such services, either | ||||||
23 | directly or through transfer from a another hospital or an | ||||||
24 | approved pediatric health care facility .
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25 | "Transfer hospital" means a hospital with a sexual assault | ||||||
26 | transfer plan approved by the Department. |
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1 | "Transfer services" means the appropriate medical | ||||||
2 | screening examination and necessary stabilizing treatment | ||||||
3 | prior to the transfer of a sexual assault survivor to a | ||||||
4 | hospital or an approved pediatric health care facility that | ||||||
5 | provides medical hospital emergency services and forensic | ||||||
6 | services to sexual assault survivors pursuant to a sexual | ||||||
7 | assault treatment plan or areawide sexual assault treatment | ||||||
8 | plan.
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9 | "Treatment hospital" means a hospital with a sexual assault | ||||||
10 | treatment plan approved by the Department to provide medical | ||||||
11 | forensic services to all sexual assault survivors who present | ||||||
12 | with a complaint of sexual assault within a minimum of the last | ||||||
13 | 7 days or who have disclosed past sexual assault by a specific | ||||||
14 | individual and were in the care of that individual within a | ||||||
15 | minimum of the last 7 days. | ||||||
16 | "Treatment hospital with approved pediatric transfer" | ||||||
17 | means a hospital with a treatment plan approved by the | ||||||
18 | Department to provide medical forensic services to sexual | ||||||
19 | assault survivors 13 years old or older who present with a | ||||||
20 | complaint of sexual assault within a minimum of the last 7 days | ||||||
21 | or who have disclosed past sexual assault by a specific | ||||||
22 | individual and were in the care of that individual within a | ||||||
23 | minimum of the last 7 days. | ||||||
24 | "Voucher" means a document generated by a hospital at the | ||||||
25 | time the sexual assault survivor receives hospital emergency | ||||||
26 | and forensic services that a sexual assault survivor may |
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1 | present to providers for follow-up healthcare. | ||||||
2 | (Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17; | ||||||
3 | 100-513, eff. 1-1-18 .)
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4 | (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
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5 | Sec. 2. Hospital and approved pediatric health care | ||||||
6 | facility requirements for sexual assault plans .
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7 | (a) Every hospital
required to be licensed by the | ||||||
8 | Department pursuant to
the Hospital Licensing Act, or operated | ||||||
9 | under the University of Illinois Hospital Act that approved | ||||||
10 | July 1, 1953, as now or hereafter
amended, which provides | ||||||
11 | general medical and surgical hospital services
shall provide | ||||||
12 | either (i) transfer services to all sexual assault survivors, | ||||||
13 | or (ii) medical hospital emergency services and forensic | ||||||
14 | services to all sexual assault survivors, or (iii) transfer | ||||||
15 | services to pediatric sexual assault survivors and medical | ||||||
16 | forensic services to sexual assault survivors 13 years old or | ||||||
17 | older , in accordance with rules and
regulations adopted by the | ||||||
18 | Department ,
to all
sexual assault survivors who apply for | ||||||
19 | either (i) transfer services or (ii) hospital emergency | ||||||
20 | services and forensic services in
relation to injuries or | ||||||
21 | trauma resulting from the sexual assault .
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22 | In addition, every such hospital, regardless of whether or | ||||||
23 | not a request
is made for reimbursement, shall submit
to the | ||||||
24 | Department a plan to provide either (i) transfer services to | ||||||
25 | all sexual assault survivors, or (ii) medical hospital |
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1 | emergency services and forensic services to all sexual assault | ||||||
2 | survivors , or (iii) transfer services to pediatric sexual | ||||||
3 | assault survivors and medical forensic services to sexual | ||||||
4 | assault survivors 13 years old or older .
Such plan shall be | ||||||
5 | submitted within 60 days after receipt of the
Department's | ||||||
6 | request for this plan, to the Department for approval prior to | ||||||
7 | such plan becoming effective. The
Department shall approve such | ||||||
8 | plan for
either (i) transfer services to all sexual assault | ||||||
9 | survivors, or (ii) medical hospital emergency services and | ||||||
10 | forensic services
to all sexual assault survivors , or (iii) | ||||||
11 | transfer services to pediatric sexual assault survivors and | ||||||
12 | medical forensic services to sexual assault survivors 13 years | ||||||
13 | old or older, if it finds that the implementation of
the | ||||||
14 | proposed plan would provide adequate (i) transfer services or | ||||||
15 | (ii) medical hospital emergency services and forensic services | ||||||
16 | for
sexual assault survivors in accordance with the | ||||||
17 | requirements of this Act and provide sufficient protections | ||||||
18 | from the
risk of pregnancy to
sexual assault survivors.
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19 | The Department may not approve a sexual assault transfer | ||||||
20 | plan unless a treatment hospital has agreed, as a part of an | ||||||
21 | areawide treatment plan, to accept sexual assault survivors | ||||||
22 | from the proposed transfer hospital and a transfer to the | ||||||
23 | treatment hospital would not unduly burden the sexual assault | ||||||
24 | survivor. | ||||||
25 | In counties with a population of less than 1,000,000, the | ||||||
26 | Department may not approve a sexual assault transfer plan for a |
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1 | hospital located within a 20-mile radius of a 4-year public | ||||||
2 | university, not including community colleges, unless there is a | ||||||
3 | treatment hospital with a sexual assault treatment plan | ||||||
4 | approved by the Department within a 20-mile radius of the | ||||||
5 | 4-year public university. | ||||||
6 | A transfer must be in accordance with federal and State | ||||||
7 | laws and local ordinances. | ||||||
8 | A treatment hospital with approved pediatric transfer must | ||||||
9 | submit an areawide treatment plan under Section 3 of this Act | ||||||
10 | that includes a written agreement with a treatment hospital | ||||||
11 | stating that the treatment hospital will provide medical | ||||||
12 | forensic services to pediatric sexual assault survivors | ||||||
13 | transferred from the treatment hospital with approved | ||||||
14 | pediatric transfer. The areawide treatment plan may also | ||||||
15 | include an approved pediatric health care facility. | ||||||
16 | A transfer hospital must submit an areawide treatment plan | ||||||
17 | under Section 3 of this Act that includes a written agreement | ||||||
18 | with a treatment hospital stating that the treatment hospital | ||||||
19 | will provide medical forensic services to all sexual assault | ||||||
20 | survivors transferred from the transfer hospital. The areawide | ||||||
21 | treatment plan may also include an approved pediatric health | ||||||
22 | care facility. | ||||||
23 | Beginning January 1, 2019, each treatment hospital and | ||||||
24 | treatment hospital with approved pediatric transfer shall | ||||||
25 | ensure that emergency department attending physicians, | ||||||
26 | physician assistants, advanced practice registered nurses, and |
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1 | registered professional nurses providing clinical services, | ||||||
2 | who do not meet the definition of a qualified medical provider | ||||||
3 | in Section 1a of this Act, receive a minimum of 2 hours of | ||||||
4 | sexual assault training by July 1, 2020 or until the treatment | ||||||
5 | hospital or treatment hospital with approved pediatric | ||||||
6 | transfer certifies to the Department, in a form and manner | ||||||
7 | prescribed by the Department, that it employs or contracts with | ||||||
8 | a qualified medical provider in accordance with subsection | ||||||
9 | (a-7) of Section 5, whichever occurs first. | ||||||
10 | After July 1, 2020 or once a treatment hospital or a | ||||||
11 | treatment hospital with approved pediatric transfer certifies | ||||||
12 | compliance with subsection (a-7) of Section 5, whichever occurs | ||||||
13 | first, each treatment hospital and treatment hospital with | ||||||
14 | approved pediatric transfer shall ensure that emergency | ||||||
15 | department attending physicians, physician assistants, | ||||||
16 | advanced practice registered nurses, and registered | ||||||
17 | professional nurses providing clinical services, who do not | ||||||
18 | meet the definition of a qualified medical provider in Section | ||||||
19 | 1a of this Act, receive a minimum of 2 hours of continuing | ||||||
20 | education on responding to sexual assault survivors every 2 | ||||||
21 | years. Protocols for training shall be included in the | ||||||
22 | hospital's sexual assault treatment plan. | ||||||
23 | Sexual assault training provided under this subsection may | ||||||
24 | be provided in person or online and shall include, but not be | ||||||
25 | limited to: | ||||||
26 | (1) information provided on the provision of medical |
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1 | forensic services; | ||||||
2 | (2) information on the use of the Illinois Sexual | ||||||
3 | Assault Evidence Collection Kit; | ||||||
4 | (3) information on sexual assault epidemiology, | ||||||
5 | neurobiology of trauma, drug-facilitated sexual assault, | ||||||
6 | child sexual abuse, and Illinois sexual assault-related | ||||||
7 | laws; and | ||||||
8 | (4) information on the hospital's sexual | ||||||
9 | assault-related policies and procedures. | ||||||
10 | The online training made available by the Office of the | ||||||
11 | Attorney General under subsection (b) of Section 10 may be used | ||||||
12 | to comply with this subsection. | ||||||
13 | (b) An approved pediatric health care facility may provide | ||||||
14 | medical forensic services, in accordance with rules adopted by | ||||||
15 | the Department, to all pediatric sexual assault survivors who | ||||||
16 | present for medical forensic services in relation to injuries | ||||||
17 | or trauma resulting from a sexual assault. These services shall | ||||||
18 | be provided by a qualified medical provider. | ||||||
19 | A pediatric health care facility must participate in or | ||||||
20 | submit an areawide treatment plan under Section 3 of this Act | ||||||
21 | that includes a treatment hospital. If a pediatric health care | ||||||
22 | facility does not provide certain medical or surgical services | ||||||
23 | that are provided by hospitals, the areawide sexual assault | ||||||
24 | treatment plan must include a procedure for ensuring a sexual | ||||||
25 | assault survivor in need of such medical or surgical services | ||||||
26 | receives the services at the treatment hospital. The areawide |
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1 | treatment plan may also include a treatment hospital with | ||||||
2 | approved pediatric transfer. | ||||||
3 | The Department shall review a proposed sexual assault | ||||||
4 | treatment plan submitted by a pediatric health care facility | ||||||
5 | within 60 days after receipt of the plan. If the Department | ||||||
6 | finds that the proposed plan meets the minimum requirements set | ||||||
7 | forth in Section 5 of this Act and that implementation of the | ||||||
8 | proposed plan would provide medical forensic services for | ||||||
9 | pediatric sexual assault survivors, then the Department shall | ||||||
10 | approve the plan. If the Department does not approve a plan, | ||||||
11 | then the Department shall notify the pediatric health care | ||||||
12 | facility that the proposed plan has not been approved. The | ||||||
13 | pediatric health care facility shall have 30 days to submit a | ||||||
14 | revised plan. The Department shall review the revised plan | ||||||
15 | within 30 days after receipt of the plan and notify the | ||||||
16 | pediatric health care facility whether the revised plan is | ||||||
17 | approved or rejected. A pediatric health care facility may not | ||||||
18 | provide medical forensic services to pediatric sexual assault | ||||||
19 | survivors who present with a complaint of sexual assault within | ||||||
20 | a minimum of the last 7 days or who have disclosed past sexual | ||||||
21 | assault by a specific individual and were in the care of that | ||||||
22 | individual within a minimum of the last 7 days until the | ||||||
23 | Department has approved a treatment plan. | ||||||
24 | If an approved pediatric health care facility is not open | ||||||
25 | 24 hours a day, 7 days a week, it shall post signage at each | ||||||
26 | public entrance to its facility that: |
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1 | (1) is at least 14 inches by 14 inches in size; | ||||||
2 | (2) directs those seeking services as follows: "If | ||||||
3 | closed, call 911 for services or go to the closest hospital | ||||||
4 | emergency department, (insert name) located at (insert | ||||||
5 | address)."; | ||||||
6 | (3) lists the approved pediatric health care | ||||||
7 | facility's hours of operation; | ||||||
8 | (4) lists the street address of the building; | ||||||
9 | (5) has a black background with white bold capital | ||||||
10 | lettering in a clear and easy to read font that is at least | ||||||
11 | 72-point type, and with "call 911" in at least 125-point | ||||||
12 | type; | ||||||
13 | (6) is posted clearly and conspicuously on or adjacent | ||||||
14 | to the door at each entrance and, if building materials | ||||||
15 | allow, is posted internally for viewing through glass; if | ||||||
16 | posted externally, the sign shall be made of | ||||||
17 | weather-resistant and theft-resistant materials, | ||||||
18 | non-removable, and adhered permanently to the building; | ||||||
19 | and | ||||||
20 | (7) has lighting that is part of the sign itself or is | ||||||
21 | lit with a dedicated light that fully illuminates the sign. | ||||||
22 | A copy of the proposed sign must be submitted to the | ||||||
23 | Department and approved as part of the approved pediatric | ||||||
24 | health care facility's sexual assault treatment plan. | ||||||
25 | (c) Each treatment hospital, treatment hospital with | ||||||
26 | approved pediatric transfer, and approved pediatric health |
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1 | care facility must enter into a memorandum of understanding | ||||||
2 | with a rape crisis center for medical advocacy services, if | ||||||
3 | these services are available to the treatment hospital, | ||||||
4 | treatment hospital with approved pediatric transfer, or | ||||||
5 | approved pediatric health care facility. With the consent of | ||||||
6 | the sexual assault survivor, a rape crisis counselor shall | ||||||
7 | remain in the exam room during the collection for forensic | ||||||
8 | evidence. | ||||||
9 | (d) Every treatment hospital, treatment hospital with | ||||||
10 | approved pediatric transfer, and approved pediatric health | ||||||
11 | care facility's sexual assault treatment plan shall include | ||||||
12 | procedures for complying with mandatory reporting requirements | ||||||
13 | pursuant to (1) the Abused and Neglected Child Reporting Act; | ||||||
14 | (2) the Abused and Neglected Long Term Care Facility Residents | ||||||
15 | Reporting Act; (3) the Adult Protective Services Act; and (iv) | ||||||
16 | the Criminal Identification Act. | ||||||
17 | (e) Each treatment hospital, treatment hospital with | ||||||
18 | approved pediatric transfer, and approved pediatric health | ||||||
19 | care facility shall submit to the Department every 6 months, in | ||||||
20 | a manner prescribed by the Department, the following | ||||||
21 | information: | ||||||
22 | (1) The total number of patients who presented with a | ||||||
23 | complaint of sexual assault. | ||||||
24 | (2) The total number of Illinois Sexual Assault | ||||||
25 | Evidence Collection Kits: | ||||||
26 | (A) offered to (i) all sexual assault survivors and |
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1 | (ii) pediatric sexual assault survivors
pursuant to | ||||||
2 | paragraph (1.5) of subsection (a-5) of Section 5; | ||||||
3 | (B) completed for (i) all sexual assault survivors | ||||||
4 | and (ii) pediatric sexual assault
survivors; and | ||||||
5 | (C) declined by (i) all sexual assault survivors | ||||||
6 | and (ii) pediatric sexual assault survivors. | ||||||
7 | This information shall be made available on the | ||||||
8 | Department's website. | ||||||
9 | The Department shall periodically
conduct on site
reviews
| ||||||
10 | of such approved
plans with hospital personnel to insure that | ||||||
11 | the established procedures
are being followed. | ||||||
12 | On January 1, 2007, and each January 1 thereafter, the | ||||||
13 | Department shall submit a report to the General Assembly | ||||||
14 | containing information on the hospitals in this State that have | ||||||
15 | submitted a plan to provide either (i) transfer services or | ||||||
16 | (ii) hospital emergency services and forensic services to | ||||||
17 | sexual assault survivors. The Department shall post on its | ||||||
18 | Internet website the report required in this Section. The | ||||||
19 | report shall include all of the following: | ||||||
20 | (1) A list of all hospitals that have submitted a plan. | ||||||
21 | (2) A list of hospitals whose plans have been found by | ||||||
22 | the Department to be in compliance with this Act. | ||||||
23 | (3) A list of hospitals that have failed to submit an | ||||||
24 | acceptable Plan of Correction within the time required by | ||||||
25 | Section 2.1 of this Act. | ||||||
26 | (4) A list of hospitals at which the periodic site |
| |||||||
| |||||||
1 | review required by this Act has been conducted.
| ||||||
2 | When a hospital listed as noncompliant under item (3) of this | ||||||
3 | Section submits and implements the required Plan of Correction, | ||||||
4 | the Department shall immediately update the report on its | ||||||
5 | Internet website to reflect that hospital's compliance.
| ||||||
6 | (Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
| ||||||
7 | (410 ILCS 70/2.05 new) | ||||||
8 | Sec. 2.05. Department requirements. | ||||||
9 | (a) The Department shall periodically conduct on-site | ||||||
10 | reviews of approved sexual assault treatment plans with | ||||||
11 | hospital and approved pediatric health care facility personnel | ||||||
12 | to ensure that the established procedures are being followed. | ||||||
13 | Department personnel conducting the on-site reviews shall | ||||||
14 | attend 4 hours of sexual assault training conducted by a | ||||||
15 | qualified medical provider that includes, but is not limited | ||||||
16 | to, forensic evidence collection provided to sexual assault | ||||||
17 | survivors of any age and Illinois sexual assault-related laws | ||||||
18 | and administrative rules. | ||||||
19 | (b) On July 1, 2019 and each July 1 thereafter, the | ||||||
20 | Department shall submit a report to the General Assembly | ||||||
21 | containing information on the hospitals and pediatric health | ||||||
22 | care facilities in this State that have submitted a plan to | ||||||
23 | provide: (i) transfer services to all sexual assault survivors, | ||||||
24 | (ii) medical forensic services to all sexual assault survivors, | ||||||
25 | (iii) transfer services to pediatric sexual assault survivors |
| |||||||
| |||||||
1 | and medical forensic services to sexual assault survivors 13 | ||||||
2 | years old or older, or (iv) medical forensic services to | ||||||
3 | pediatric sexual assault survivors. The Department shall post | ||||||
4 | the report on its Internet website on or before October 1, 2019 | ||||||
5 | and, except as otherwise provided in this Section, update the | ||||||
6 | report every quarter thereafter. The report shall include all | ||||||
7 | of the following: | ||||||
8 | (1) Each hospital and pediatric care facility that has | ||||||
9 | submitted a plan, including the submission date of the | ||||||
10 | plan, type of plan submitted, and the date the plan was | ||||||
11 | approved or denied. If a pediatric health care facility | ||||||
12 | withdraws its plan, the Department shall immediately | ||||||
13 | update the report on its Internet website to remove the | ||||||
14 | pediatric health care facility's name and information. | ||||||
15 | (2) Each hospital that has failed to submit a plan as | ||||||
16 | required in subsection (a) of Section 2. | ||||||
17 | (3) Each hospital and approved pediatric care facility | ||||||
18 | that has to submit an acceptable Plan of Correction within | ||||||
19 | the time required by Section 2.1, including the date the | ||||||
20 | Plan of Correction was required to be submitted. Once a | ||||||
21 | hospital or approved pediatric health care facility | ||||||
22 | submits and implements the required Plan of Correction, the | ||||||
23 | Department shall immediately update the report on its | ||||||
24 | Internet website to reflect that hospital or approved | ||||||
25 | pediatric health care facility's compliance. | ||||||
26 | (4) Each hospital and approved pediatric care facility |
| |||||||
| |||||||
1 | at which the periodic on-site review required by Section | ||||||
2 | 2.05 of this Act has been conducted, including the date of | ||||||
3 | the on-site review and whether the hospital or approved | ||||||
4 | pediatric care facility was found to be in compliance with | ||||||
5 | its approved plan. | ||||||
6 | (5) Each areawide treatment plan submitted to the | ||||||
7 | Department pursuant to Section 3 of this Act, including | ||||||
8 | which treatment hospitals, treatment hospitals with | ||||||
9 | approved pediatric transfer, transfer hospitals and | ||||||
10 | approved pediatric health care facilities are identified | ||||||
11 | in each areawide treatment plan. | ||||||
12 | (c) The Department, in consultation with the Office of the | ||||||
13 | Attorney General, shall adopt administrative rules by January | ||||||
14 | 1, 2020 establishing a process for physicians and physician | ||||||
15 | assistants to provide documentation of training and clinical | ||||||
16 | experience that meets or is substantially similar to the Sexual | ||||||
17 | Assault Nurse Examiner Education Guidelines established by the | ||||||
18 | International Association of Forensic Nurses in order to | ||||||
19 | qualify as a sexual assault forensic examiner.
| ||||||
20 | (410 ILCS 70/2.06 new) | ||||||
21 | Sec. 2.06. Consent to jurisdiction. A pediatric health care | ||||||
22 | facility that submits a plan to the Department for approval | ||||||
23 | under Section 2 or an out-of-state hospital that submits an | ||||||
24 | areawide treatment plan in accordance with subsection (b) of | ||||||
25 | Section 5.4 consents to the jurisdiction and oversight of the |
| |||||||
| |||||||
1 | Department, including, but not limited to, inspections, | ||||||
2 | investigations, and evaluations arising out of complaints | ||||||
3 | relevant to this Act made to the Department. A pediatric health | ||||||
4 | care facility that submits a plan to the Department for | ||||||
5 | approval under Section 2 or an out-of-state hospital that | ||||||
6 | submits an areawide treatment plan in accordance with | ||||||
7 | subsection (b) of Section 5.4 shall be deemed to have given | ||||||
8 | consent to annual inspections, surveys, or evaluations | ||||||
9 | relevant to this Act by properly identified personnel of the | ||||||
10 | Department or by such other properly identified persons, | ||||||
11 | including local health department staff, as the Department may | ||||||
12 | designate. In addition, representatives of the Department | ||||||
13 | shall have access to and may reproduce or photocopy any books, | ||||||
14 | records, and other documents maintained by the pediatric health | ||||||
15 | care facility or the facility's representatives or the | ||||||
16 | out-of-state hospital or the out-of-state hospital's | ||||||
17 | representative to the extent necessary to carry out this Act. | ||||||
18 | No representative, agent, or person acting on behalf of the | ||||||
19 | pediatric health care facility or out-of-state hospital in any | ||||||
20 | manner shall intentionally prevent, interfere with, or attempt | ||||||
21 | to impede in any way any duly authorized investigation and | ||||||
22 | enforcement of this Act. The Department shall have the power to | ||||||
23 | adopt rules to carry out the purpose of regulating a pediatric | ||||||
24 | health care facility or out-of-state hospital. In carrying out | ||||||
25 | oversight of a pediatric health care facility or an | ||||||
26 | out-of-state hospital, the Department shall respect the |
| |||||||
| |||||||
1 | confidentiality of all patient records, including by complying | ||||||
2 | with the patient record confidentiality requirements set out in | ||||||
3 | Section 6.14b of the Hospital Licensing Act.
| ||||||
4 | (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
| ||||||
5 | Sec. 2.1. Plan of correction; penalties.
| ||||||
6 | (a) If the Department surveyor determines that
the hospital | ||||||
7 | or approved pediatric health care facility is not
in compliance | ||||||
8 | with its approved plan, the surveyor shall provide the
hospital | ||||||
9 | or approved pediatric health care facility with a written list | ||||||
10 | of the specific items of noncompliance within
10 working days | ||||||
11 | after the conclusion of the on site review. The hospital shall | ||||||
12 | have
10 working days to submit to the Department a plan of
| ||||||
13 | correction which
contains the hospital's or approved pediatric | ||||||
14 | health care facility's specific proposals for correcting the | ||||||
15 | items of
noncompliance. The Department shall review the plan of
| ||||||
16 | correction and
notify the hospital in writing within 10 working | ||||||
17 | days as to whether the plan is acceptable
or unacceptable.
| ||||||
18 | If the Department finds the Plan of Correction
| ||||||
19 | unacceptable, the
hospital or approved pediatric health care | ||||||
20 | facility shall have 10 working days to resubmit an acceptable | ||||||
21 | Plan of
Correction. Upon notification that its Plan of | ||||||
22 | Correction is acceptable, a
hospital or approved pediatric | ||||||
23 | health care facility shall implement the Plan of Correction | ||||||
24 | within 60 days.
| ||||||
25 | (b) The failure of a hospital to submit an acceptable Plan |
| |||||||
| |||||||
1 | of Correction or to implement
the Plan of Correction, within | ||||||
2 | the time frames required in this Section,
will subject a | ||||||
3 | hospital to the imposition of a fine by the Department. The
| ||||||
4 | Department may impose a fine of up to $500 per day
until a | ||||||
5 | hospital
complies with the requirements of this Section.
| ||||||
6 | If an approved pediatric health care facility fails to | ||||||
7 | submit an acceptable Plan of Correction or to implement the | ||||||
8 | Plan of Correction within the time frames required in this | ||||||
9 | Section, then the Department shall notify the approved | ||||||
10 | pediatric health care facility that the approved pediatric | ||||||
11 | health care facility may not provide medical forensic services | ||||||
12 | under this Act. The Department may impose a fine of up to $500 | ||||||
13 | per patient provided services in violation of this Act. | ||||||
14 | (c) Before imposing a fine pursuant to this Section, the | ||||||
15 | Department shall
provide the hospital or approved pediatric | ||||||
16 | health care facility via certified mail with written notice and | ||||||
17 | an
opportunity for an administrative hearing. Such hearing must | ||||||
18 | be requested
within 10 working days after receipt of the | ||||||
19 | Department's Notice.
All hearings
shall be conducted in | ||||||
20 | accordance with the Department's
rules
in
administrative | ||||||
21 | hearings.
| ||||||
22 | (Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
| ||||||
23 | (410 ILCS 70/2.2)
| ||||||
24 | Sec. 2.2. Emergency contraception.
| ||||||
25 | (a) The General Assembly finds:
|
| |||||||
| |||||||
1 | (1) Crimes of sexual assault and sexual abuse
cause | ||||||
2 | significant physical, emotional, and
psychological trauma | ||||||
3 | to the victims. This trauma is compounded by a victim's
| ||||||
4 | fear of becoming pregnant and bearing a child as a result | ||||||
5 | of the sexual
assault.
| ||||||
6 | (2) Each year over 32,000 women become pregnant in the | ||||||
7 | United States as
the result of rape and
approximately 50% | ||||||
8 | of these pregnancies end in abortion.
| ||||||
9 | (3) As approved for use by the Federal Food and Drug | ||||||
10 | Administration (FDA),
emergency contraception can | ||||||
11 | significantly reduce the risk of pregnancy if taken
within | ||||||
12 | 72 hours after the sexual assault.
| ||||||
13 | (4) By providing emergency contraception to rape | ||||||
14 | victims in a timely
manner, the trauma of rape can be | ||||||
15 | significantly reduced.
| ||||||
16 | (b) Every Within 120 days after the effective date of this | ||||||
17 | amendatory Act of the
92nd General Assembly, every hospital or | ||||||
18 | approved pediatric health care facility providing services to | ||||||
19 | sexual
assault survivors in accordance with a plan approved | ||||||
20 | under Section 2 must
develop a protocol that ensures that each | ||||||
21 | survivor of sexual
assault will receive medically and factually | ||||||
22 | accurate and written and oral
information about emergency | ||||||
23 | contraception; the indications and contraindications
| ||||||
24 | counter-indications and risks associated with the use of | ||||||
25 | emergency
contraception;
and a description of how and when | ||||||
26 | victims may be provided emergency
contraception at no cost upon
|
| |||||||
| |||||||
1 | the written order of a physician licensed to practice medicine
| ||||||
2 | in all its branches, a licensed advanced practice registered | ||||||
3 | nurse, or a licensed physician assistant. The Department shall | ||||||
4 | approve the protocol if it finds
that the implementation of the | ||||||
5 | protocol would provide sufficient protection
for survivors of | ||||||
6 | sexual assault.
| ||||||
7 | The hospital or approved pediatric health care facility | ||||||
8 | shall implement the protocol upon approval by the Department.
| ||||||
9 | The Department shall adopt rules and regulations establishing | ||||||
10 | one or more safe
harbor protocols and setting minimum | ||||||
11 | acceptable protocol standards that
hospitals may develop and | ||||||
12 | implement. The Department shall approve any protocol
that meets | ||||||
13 | those standards. The Department may provide a sample acceptable
| ||||||
14 | protocol upon request.
| ||||||
15 | (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
| ||||||
16 | (410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)
| ||||||
17 | Sec. 3. Areawide sexual assault treatment plans; | ||||||
18 | submission. Hospitals and approved pediatric health care | ||||||
19 | facilities in the area to be served may develop and participate | ||||||
20 | in areawide plans that shall describe the medical hospital | ||||||
21 | emergency services and forensic services to sexual assault | ||||||
22 | survivors that each participating hospital and approved | ||||||
23 | pediatric health care facility has agreed to make available. | ||||||
24 | Each hospital and approved pediatric health care facility | ||||||
25 | participating in such a plan shall provide such services as it |
| |||||||
| |||||||
1 | is designated to provide in the plan agreed upon by the | ||||||
2 | participants. An areawide plan Areawide plans may include | ||||||
3 | treatment hospitals, treatment hospitals with approved | ||||||
4 | pediatric transfer, transfer hospitals, approved pediatric | ||||||
5 | health care facilities, or out-of-state hospitals as provided | ||||||
6 | in Section 5.4 hospital transfer plans . All areawide plans | ||||||
7 | shall be submitted to the Department for approval, prior to | ||||||
8 | becoming effective. The Department shall approve a proposed | ||||||
9 | plan if it finds that the minimum requirements set forth in | ||||||
10 | Section 5 and implementation of the plan would provide for | ||||||
11 | appropriate medical hospital emergency services and forensic | ||||||
12 | services for the people of the area to be served.
| ||||||
13 | (Source: P.A. 95-432, eff. 1-1-08.)
| ||||||
14 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| ||||||
15 | Sec. 5. Minimum requirements for medical forensic services | ||||||
16 | provided to sexual assault survivors by hospitals and approved | ||||||
17 | pediatric health care facilities providing hospital emergency | ||||||
18 | services and forensic services
to sexual assault survivors .
| ||||||
19 | (a) Every hospital and approved pediatric health care | ||||||
20 | facility providing medical hospital emergency services and | ||||||
21 | forensic services to
sexual assault survivors under this Act
| ||||||
22 | shall, as minimum requirements for such services, provide, with | ||||||
23 | the consent
of the sexual assault survivor, and as ordered by | ||||||
24 | the attending
physician, an advanced practice registered | ||||||
25 | nurse, or a physician assistant, the services set forth in |
| |||||||
| |||||||
1 | subsection (a-5). following:
| ||||||
2 | Beginning January 1, 2022, a qualified medical provider | ||||||
3 | must provide the services set forth in subsection (a-5). | ||||||
4 | (a-5) A treatment hospital, a treatment hospital with | ||||||
5 | approved pediatric transfer, or an approved pediatric health | ||||||
6 | care facility shall provide the following services in | ||||||
7 | accordance with subsection (a): | ||||||
8 | (1) Appropriate appropriate medical forensic services | ||||||
9 | without delay, in a private, age-appropriate or | ||||||
10 | developmentally-appropriate space, examinations and | ||||||
11 | laboratory
tests required to ensure the health, safety, and | ||||||
12 | welfare
of a sexual assault survivor and or which may be
| ||||||
13 | used as evidence in a criminal proceeding against a person | ||||||
14 | accused of the
sexual assault , in a proceeding under the | ||||||
15 | Juvenile Court Act of 1987, or in an investigation under | ||||||
16 | the Abused and Neglected Child Reporting Act. , or both; and | ||||||
17 | records of the results of such examinations
and tests shall | ||||||
18 | be maintained by the hospital and made available to law
| ||||||
19 | enforcement officials upon the request of the sexual | ||||||
20 | assault survivor; | ||||||
21 | Records of medical forensic services, including | ||||||
22 | results of examinations and tests, the Illinois State | ||||||
23 | Police Medical Forensic Documentation Forms, the Illinois | ||||||
24 | State Police Patient Discharge Materials, and the Illinois | ||||||
25 | State Police Patient Consent: Collect and Test Evidence or | ||||||
26 | Collect and Hold Evidence Form, shall be maintained by the |
| |||||||
| |||||||
1 | hospital or approved pediatric health care facility as part | ||||||
2 | of the patient's electronic medical record. | ||||||
3 | Records of medical forensic services of sexual assault | ||||||
4 | survivors under the age of 18 shall be retained by the | ||||||
5 | hospital for a period of 60 years after the sexual assault | ||||||
6 | survivor reaches the age of 18. Records of medical forensic | ||||||
7 | services of sexual assault survivors 18 years of age or | ||||||
8 | older shall be retained by the hospital for a period of 20 | ||||||
9 | years after the date the record was created. | ||||||
10 | Records of medical forensic services may only be | ||||||
11 | disseminated in accordance with Section 6.5 of this Act and | ||||||
12 | other State and federal law.
| ||||||
13 | (1.5) An offer to complete the Illinois Sexual Assault | ||||||
14 | Evidence Collection Kit for any sexual assault survivor who | ||||||
15 | presents within a minimum of the last 7 days of the assault | ||||||
16 | or who has disclosed past sexual assault by a specific | ||||||
17 | individual and was in the care of that individual within a | ||||||
18 | minimum of the last 7 days. | ||||||
19 | (A) Appropriate oral and written information | ||||||
20 | concerning evidence-based guidelines for the | ||||||
21 | appropriateness of evidence collection depending on | ||||||
22 | the sexual development of the sexual assault survivor, | ||||||
23 | the type of sexual assault, and the timing of the | ||||||
24 | sexual assault shall be provided to the sexual assault | ||||||
25 | survivor. Evidence collection is encouraged for | ||||||
26 | prepubescent sexual assault survivors who present to a |
| |||||||
| |||||||
1 | hospital or approved pediatric health care facility | ||||||
2 | with a complaint of sexual assault within a minimum of | ||||||
3 | 96 hours after the sexual assault. | ||||||
4 | Before January 1, 2022, the information required | ||||||
5 | under this subparagraph shall be provided in person by | ||||||
6 | the health care professional providing medical | ||||||
7 | forensic services directly to the sexual assault | ||||||
8 | survivor. | ||||||
9 | On and after January 1, 2022, the information | ||||||
10 | required under this subparagraph shall be provided in | ||||||
11 | person by the qualified medical provider providing | ||||||
12 | medical forensic services directly to the sexual | ||||||
13 | assault survivor. | ||||||
14 | The written information provided shall be the | ||||||
15 | information created in accordance with Section 10 of | ||||||
16 | this Act. | ||||||
17 | (B) Following the discussion regarding the | ||||||
18 | evidence-based guidelines for evidence collection in | ||||||
19 | accordance with subparagraph (A), evidence collection | ||||||
20 | must be completed at the sexual assault survivor's | ||||||
21 | request. A sexual assault nurse examiner conducting an | ||||||
22 | examination using the Illinois State Police Sexual | ||||||
23 | Assault Evidence Collection Kit may do so without the | ||||||
24 | presence or participation of a physician. | ||||||
25 | (2) Appropriate appropriate oral and written | ||||||
26 | information concerning the possibility
of infection, |
| |||||||
| |||||||
1 | sexually transmitted infection, including an evaluation of | ||||||
2 | the sexual assault survivor's risk of contracting human | ||||||
3 | immunodeficiency virus (HIV) from sexual assault, disease | ||||||
4 | and pregnancy
resulting from sexual assault . ;
| ||||||
5 | (3) Appropriate appropriate oral and written | ||||||
6 | information concerning accepted medical
procedures, | ||||||
7 | laboratory tests, medication, and possible | ||||||
8 | contraindications of such medication
available for the | ||||||
9 | prevention or treatment of infection or disease resulting
| ||||||
10 | from sexual assault . ;
| ||||||
11 | (4) An an amount of medication , including HIV | ||||||
12 | prophylaxis, for treatment at the hospital or approved | ||||||
13 | pediatric health care facility and after discharge as is | ||||||
14 | deemed appropriate by the attending physician, an advanced | ||||||
15 | practice registered nurse, or a physician assistant in | ||||||
16 | accordance with the Centers for Disease Control and | ||||||
17 | Prevention guidelines and consistent with the hospital's | ||||||
18 | or approved pediatric health care facility's current | ||||||
19 | approved protocol for sexual assault survivors . ;
| ||||||
20 | (5) Photo documentation of the sexual assault | ||||||
21 | survivor's injuries, anatomy involved in the assault, or | ||||||
22 | other visible evidence on the sexual assault survivor's | ||||||
23 | body to supplement the medical forensic history and written | ||||||
24 | documentation of physical findings and evidence beginning | ||||||
25 | July 1, 2019. Photo documentation does not replace written | ||||||
26 | documentation of the injury. an evaluation of the sexual |
| |||||||
| |||||||
1 | assault survivor's risk of contracting human | ||||||
2 | immunodeficiency virus (HIV) from the sexual assault;
| ||||||
3 | (6) Written written and oral instructions indicating | ||||||
4 | the need for follow-up examinations and laboratory tests | ||||||
5 | after the sexual assault to determine the presence or | ||||||
6 | absence of
sexually transmitted infection. disease;
| ||||||
7 | (7) Referral referral by hospital or approved | ||||||
8 | pediatric health care facility personnel for appropriate | ||||||
9 | counseling . ; and
| ||||||
10 | (8) Medical advocacy services provided by a rape crisis | ||||||
11 | counselor whose communications are protected under Section | ||||||
12 | 8-802.1 of the Code of Civil Procedure, if there is a | ||||||
13 | memorandum of understanding between the hospital or | ||||||
14 | approved pediatric health care facility and a rape crisis | ||||||
15 | center. With the consent of the sexual assault survivor, a | ||||||
16 | rape crisis counselor shall remain in the exam room during | ||||||
17 | the medical forensic examination. when HIV prophylaxis is | ||||||
18 | deemed appropriate, an initial dose or doses of HIV | ||||||
19 | prophylaxis, along with written and oral instructions | ||||||
20 | indicating the importance of
timely follow-up healthcare.
| ||||||
21 | (9) Written information regarding services provided by | ||||||
22 | a Children's Advocacy Center and rape crisis center, if | ||||||
23 | applicable. | ||||||
24 | (a-7) By January 1, 2022, every hospital with a treatment | ||||||
25 | plan approved by the Department shall employ or contract with a | ||||||
26 | qualified medical provider to initiate medical forensic |
| |||||||
| |||||||
1 | services to a sexual assault survivor within 90 minutes of the | ||||||
2 | patient presenting to the treatment hospital or treatment | ||||||
3 | hospital with approved pediatric transfer. The provision of | ||||||
4 | medical forensic services by a qualified medical provider shall | ||||||
5 | not delay the provision of life-saving medical care. | ||||||
6 | (b) Any person who is a sexual assault survivor who seeks | ||||||
7 | medical emergency hospital services and forensic services or | ||||||
8 | follow-up healthcare
under this Act shall be provided such | ||||||
9 | services without the consent
of any parent, guardian, | ||||||
10 | custodian, surrogate, or agent. If a sexual assault survivor is | ||||||
11 | unable to consent to medical forensic services, the services | ||||||
12 | may be provided under the Consent by Minors to Medical | ||||||
13 | Procedures Act, the Health Care Surrogate Act, or other | ||||||
14 | applicable State and federal laws.
| ||||||
15 | (b-5) Every treating hospital or approved pediatric health | ||||||
16 | care facility providing medical hospital emergency and | ||||||
17 | forensic services to sexual assault survivors shall issue a | ||||||
18 | voucher to any sexual assault survivor who is eligible to | ||||||
19 | receive one in accordance with Section 5.2 of this Act . The | ||||||
20 | hospital shall make a copy of the voucher and place it in the | ||||||
21 | medical record of the sexual assault survivor. The hospital | ||||||
22 | shall provide a copy of the voucher to the sexual assault | ||||||
23 | survivor after discharge upon request. | ||||||
24 | (c) Nothing in this Section creates a physician-patient | ||||||
25 | relationship that extends beyond discharge from the hospital or | ||||||
26 | approved pediatric health care facility emergency department .
|
| |||||||
| |||||||
1 | (Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16; | ||||||
2 | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18 .)
| ||||||
3 | (410 ILCS 70/5.1 new) | ||||||
4 | Sec. 5.1. Storage, retention, and dissemination of photo | ||||||
5 | documentation relating to medical forensic services. Photo | ||||||
6 | documentation taken during a medical forensic examination | ||||||
7 | shall be maintained by the hospital or approved pediatric | ||||||
8 | health care facility as part of the patient's medical record. | ||||||
9 | Photo documentation shall be stored and backed up securely | ||||||
10 | in its original file format in accordance with facility | ||||||
11 | protocol. The facility protocol shall require limited access to | ||||||
12 | the images and be included in the sexual assault treatment plan | ||||||
13 | submitted to the Department. | ||||||
14 | Photo documentation of a sexual assault survivor under the | ||||||
15 | age of 18 shall be retained for a period of 60 years after the | ||||||
16 | sexual assault survivor reaches the age of 18. Photo | ||||||
17 | documentation of a sexual assault survivor 18 years of age or | ||||||
18 | older shall be retained for a period of 20 years after the | ||||||
19 | record was created. | ||||||
20 | Photo documentation of the sexual assault survivor's | ||||||
21 | injuries, anatomy involved in the assault, or other visible | ||||||
22 | evidence on the sexual assault survivor's body may be used for | ||||||
23 | peer review, expert second opinion, or in a criminal proceeding | ||||||
24 | against a person accused of sexual assault, a proceeding under | ||||||
25 | the Juvenile Court Act of 1987, or in an investigation under |
| |||||||
| |||||||
1 | the Abused and Neglected Child Reporting Act. Any dissemination | ||||||
2 | of photo documentation, including for peer review, an expert | ||||||
3 | second opinion, or in any court or administrative proceeding or | ||||||
4 | investigation, must be in accordance with State and federal | ||||||
5 | law.
| ||||||
6 | (410 ILCS 70/5.2 new) | ||||||
7 | Sec. 5.2. Sexual assault services voucher. | ||||||
8 | (a) A sexual assault services voucher shall be issued by a | ||||||
9 | treatment hospital, treatment hospital with approved pediatric | ||||||
10 | transfer, or approved pediatric health care facility at the | ||||||
11 | time a sexual assault survivor receives medical forensic | ||||||
12 | services. | ||||||
13 | (b) Each treatment hospital, treatment hospital with | ||||||
14 | approved pediatric transfer, and approved pediatric health | ||||||
15 | care facility must include in its sexual assault treatment plan | ||||||
16 | submitted to the Department in accordance with Section 2 of | ||||||
17 | this Act a protocol for issuing sexual assault services | ||||||
18 | vouchers. The protocol shall, at a minimum, include the | ||||||
19 | following: | ||||||
20 | (1) Identification of employee positions responsible | ||||||
21 | for issuing sexual assault services vouchers. | ||||||
22 | (2) Identification of employee positions with access | ||||||
23 | to the Medical Electronic Data Interchange or successor | ||||||
24 | system. | ||||||
25 | (3) A statement to be signed by each employee of an |
| |||||||
| |||||||
1 | approved pediatric health care facility with access to the | ||||||
2 | Medical Electronic Data Interchange or successor system | ||||||
3 | affirming that the Medical Electronic Data Interchange or | ||||||
4 | successor system will only be used for the purpose of | ||||||
5 | issuing sexual assault services vouchers. | ||||||
6 | (c) A sexual assault services voucher may be used to seek | ||||||
7 | payment for any ambulance services, medical forensic services, | ||||||
8 | laboratory services, pharmacy services, and follow-up | ||||||
9 | healthcare provided as a result of the sexual assault. | ||||||
10 | (d) Any treatment hospital, treatment hospital with | ||||||
11 | approved pediatric transfer, approved pediatric health care | ||||||
12 | facility, health care professional, ambulance provider, | ||||||
13 | laboratory, or pharmacy may submit a bill for services provided | ||||||
14 | to a sexual assault survivor as a result of a sexual assault to | ||||||
15 | the Department of Healthcare and Family Services Sexual Assault | ||||||
16 | Emergency Treatment Program. The bill shall include: | ||||||
17 | (1) the name and date of birth of the sexual assault | ||||||
18 | survivor; | ||||||
19 | (2) the service provided; | ||||||
20 | (3) the charge of service; | ||||||
21 | (4) the date the service was provided; and | ||||||
22 | (5) the recipient identification number, if known. | ||||||
23 | A health care professional, ambulance provider, | ||||||
24 | laboratory, or pharmacy is not required to submit a copy of the | ||||||
25 | sexual assault services voucher. | ||||||
26 | The Department of Healthcare and Family Services Sexual |
| |||||||
| |||||||
1 | Assault Emergency Treatment Program shall electronically | ||||||
2 | verify, using the Medical Electronic Data Interchange or a | ||||||
3 | successor system, that a sexual assault services voucher was | ||||||
4 | issued to a sexual assault survivor prior to issuing payment | ||||||
5 | for the services. | ||||||
6 | If a sexual assault services voucher was not issued to a | ||||||
7 | sexual assault survivor by the treatment hospital, treatment | ||||||
8 | hospital with approved pediatric transfer, or approved | ||||||
9 | pediatric health care facility, then a health care | ||||||
10 | professional, ambulance provider, laboratory, or pharmacy may | ||||||
11 | submit a request to the Department of Healthcare and Family | ||||||
12 | Services Sexual Assault Emergency Treatment Program to issue a | ||||||
13 | sexual assault services voucher.
| ||||||
14 | (410 ILCS 70/5.3 new) | ||||||
15 | Sec. 5.3. Pediatric sexual assault care. | ||||||
16 | (a) The General Assembly finds: | ||||||
17 | (1) Pediatric sexual assault survivors can suffer from | ||||||
18 | a wide range of health problems across their life span. In | ||||||
19 | addition to immediate health issues, such as sexually | ||||||
20 | transmitted infections, physical injuries, and | ||||||
21 | psychological trauma, child sexual abuse victims are at | ||||||
22 | greater risk for a plethora of adverse psychological and | ||||||
23 | somatic problems into adulthood in contrast to those who | ||||||
24 | were not sexually abused. | ||||||
25 | (2) Sexual abuse against the pediatric population is |
| |||||||
| |||||||
1 | distinct, particularly due to their dependence on their | ||||||
2 | caregivers and the ability of perpetrators to manipulate | ||||||
3 | and silence them (especially when the perpetrators are | ||||||
4 | family members or other adults trusted by, or with power | ||||||
5 | over, children). Sexual abuse is often hidden by | ||||||
6 | perpetrators, unwitnessed by others, and may leave no | ||||||
7 | obvious physical signs on child victims. | ||||||
8 | (3) Pediatric sexual assault survivors throughout the | ||||||
9 | State should have access to qualified medical providers who | ||||||
10 | have received specialized training regarding the care of | ||||||
11 | pediatric sexual assault survivors within a reasonable | ||||||
12 | distance from their home. | ||||||
13 | (4) There is a need in Illinois to increase the number | ||||||
14 | of qualified medical providers available to provide | ||||||
15 | medical forensic services to pediatric sexual assault | ||||||
16 | survivors. | ||||||
17 | (b) If a medically stable pediatric sexual assault survivor | ||||||
18 | presents at a transfer hospital or treatment hospital with | ||||||
19 | approved pediatric transfer that has a plan approved by the | ||||||
20 | Department requesting medical forensic services, then the | ||||||
21 | hospital emergency department staff shall contact an approved | ||||||
22 | pediatric health care facility, if one is designated in the | ||||||
23 | hospital's plan. | ||||||
24 | If the transferring hospital confirms that medical | ||||||
25 | forensic services can be initiated within 90 minutes of the | ||||||
26 | patient's arrival at the approved pediatric health care |
| |||||||
| |||||||
1 | facility following an immediate transfer, then the hospital | ||||||
2 | emergency department staff shall notify the patient and | ||||||
3 | non-offending parent or legal guardian that the patient will be | ||||||
4 | transferred for medical forensic services and shall provide the | ||||||
5 | patient and non-offending parent or legal guardian the option | ||||||
6 | of being transferred to the approved pediatric health care | ||||||
7 | facility or the treatment hospital designated in the hospital's | ||||||
8 | plan. The pediatric sexual assault survivor may be transported | ||||||
9 | by ambulance, law enforcement, or personal vehicle. | ||||||
10 | If medical forensic services cannot be initiated within 90 | ||||||
11 | minutes of the patient's arrival at the approved pediatric | ||||||
12 | health care facility, there is no approved pediatric health | ||||||
13 | care facility designated in the hospital's plan, or the patient | ||||||
14 | or non-offending parent or legal guardian chooses to be | ||||||
15 | transferred to a treatment hospital, the hospital emergency | ||||||
16 | department staff shall contact a treatment hospital designated | ||||||
17 | in the hospital's plan to arrange for the transfer of the | ||||||
18 | patient to the treatment hospital for medical forensic | ||||||
19 | services, which are to be initiated within 90 minutes of the | ||||||
20 | patient's arrival at the treatment hospital. The treatment | ||||||
21 | hospital shall provide medical forensic services and may not | ||||||
22 | transfer the patient to another facility. The pediatric sexual | ||||||
23 | assault survivor may be transported by ambulance, law | ||||||
24 | enforcement, or personal vehicle. | ||||||
25 | (c) If a medically stable pediatric sexual assault survivor | ||||||
26 | presents at a treatment hospital that has a plan approved by |
| |||||||
| |||||||
1 | the Department requesting medical forensic services, then the | ||||||
2 | hospital emergency department staff shall contact an approved | ||||||
3 | pediatric health care facility, if one is designated in the | ||||||
4 | treatment hospital's areawide treatment plan. | ||||||
5 | If medical forensic services can be initiated within 90 | ||||||
6 | minutes after the patient's arrival at the approved pediatric | ||||||
7 | health care facility following an immediate transfer, the | ||||||
8 | hospital emergency department staff shall provide the patient | ||||||
9 | and non-offending parent or legal guardian the option of having | ||||||
10 | medical forensic services performed at the treatment hospital | ||||||
11 | or at the approved pediatric health care facility. If the | ||||||
12 | patient or non-offending parent or legal guardian chooses to be | ||||||
13 | transferred, the pediatric sexual assault survivor may be | ||||||
14 | transported by ambulance, law enforcement, or personal | ||||||
15 | vehicle. | ||||||
16 | If medical forensic services cannot be initiated within 90 | ||||||
17 | minutes after the patient's arrival to the approved pediatric | ||||||
18 | health care facility, there is no approved pediatric health | ||||||
19 | care facility designated in the hospital's plan, or the patient | ||||||
20 | or non-offending parent or legal guardian chooses not to be | ||||||
21 | transferred, the hospital shall provide medical forensic | ||||||
22 | services to the patient. | ||||||
23 | (d) If a pediatric sexual assault survivor presents at an | ||||||
24 | approved pediatric health care facility requesting medical | ||||||
25 | forensic services or the facility is contacted by law | ||||||
26 | enforcement or the Department of Children and Family Services |
| |||||||
| |||||||
1 | requesting medical forensic services for a pediatric sexual | ||||||
2 | assault survivor, the services shall be provided at the | ||||||
3 | facility if the medical forensic services can be initiated | ||||||
4 | within 90 minutes after the patient's arrival at the facility. | ||||||
5 | If medical forensic services cannot be initiated within 90 | ||||||
6 | minutes after the patient's arrival at the facility, then the | ||||||
7 | patient shall be transferred to a treatment hospital designated | ||||||
8 | in the approved pediatric health care facility's plan for | ||||||
9 | medical forensic services. The pediatric sexual assault | ||||||
10 | survivor may be transported by ambulance, law enforcement, or | ||||||
11 | personal vehicle.
| ||||||
12 | (410 ILCS 70/5.4 new) | ||||||
13 | Sec. 5.4. Out-of-state hospitals. | ||||||
14 | (a) Nothing in this Section shall prohibit the transfer of | ||||||
15 | a patient in need of medical services from a hospital that has | ||||||
16 | been designated as a trauma center by the Department in | ||||||
17 | accordance with Section 3.90 of the Emergency Medical Services | ||||||
18 | (EMS) Systems Act. | ||||||
19 | (b) A transfer hospital, treatment hospital with approved | ||||||
20 | pediatric transfer, or approved pediatric health care facility | ||||||
21 | may transfer a sexual assault survivor to an out-of-state | ||||||
22 | hospital that has been designated as a trauma center by the | ||||||
23 | Department under Section 3.90 of the Emergency Medical Services | ||||||
24 | (EMS) Systems Act if the out-of-state hospital: (1) submits an | ||||||
25 | areawide treatment plan approved by the Department; and (2) has |
| |||||||
| |||||||
1 | certified the following to the Department in a form and manner | ||||||
2 | prescribed by the Department that the out-of-state hospital | ||||||
3 | will: | ||||||
4 | (i) consent to the jurisdiction of the Department in | ||||||
5 | accordance with Section 2.06 of this Act; | ||||||
6 | (ii) comply with all requirements of this Act | ||||||
7 | applicable to treatment hospitals, including, but not | ||||||
8 | limited to, offering evidence collection to any Illinois | ||||||
9 | sexual assault survivor who presents with a complaint of | ||||||
10 | sexual assault within a minimum of the last 7 days or who | ||||||
11 | has disclosed past sexual assault by a specific individual | ||||||
12 | and was in the care of that individual within a minimum of | ||||||
13 | the last 7 days and not billing the sexual assault survivor | ||||||
14 | for medical forensic services or 90 days of follow-up | ||||||
15 | healthcare; | ||||||
16 | (iii) use an Illinois State Police Sexual Assault | ||||||
17 | Evidence Collection Kit to collect forensic evidence from | ||||||
18 | an Illinois sexual assault survivor; | ||||||
19 | (iv) ensure its staff cooperates with Illinois law | ||||||
20 | enforcement agencies and are responsive to subpoenas | ||||||
21 | issued by Illinois courts; and | ||||||
22 | (v) provide appropriate transportation upon the | ||||||
23 | completion of medical forensic services back to the | ||||||
24 | transfer hospital or treatment hospital with pediatric | ||||||
25 | transfer where the sexual assault survivor initially | ||||||
26 | presented seeking medical forensic services, unless the |
| |||||||
| |||||||
1 | sexual assault survivor chooses to arrange his or her own | ||||||
2 | transportation. | ||||||
3 | (c) Subsection (b) of this Section is inoperative on and | ||||||
4 | after January 1, 2024.
| ||||||
5 | (410 ILCS 70/5.5) | ||||||
6 | Sec. 5.5. Minimum reimbursement requirements for follow-up | ||||||
7 | healthcare. | ||||||
8 | (a) Every hospital, pediatric health care facility, health | ||||||
9 | care professional, laboratory, or pharmacy that provides | ||||||
10 | follow-up healthcare to a sexual assault survivor, with the | ||||||
11 | consent of the sexual assault survivor and as ordered by the | ||||||
12 | attending physician, an advanced practice registered nurse, or | ||||||
13 | physician assistant shall be reimbursed for the follow-up | ||||||
14 | healthcare services provided. Follow-up healthcare services | ||||||
15 | include, but are not limited to, the following: | ||||||
16 | (1) a physical examination; | ||||||
17 | (2) laboratory tests to determine the presence or | ||||||
18 | absence of sexually transmitted infection disease ; and | ||||||
19 | (3) appropriate medications, including HIV | ||||||
20 | prophylaxis , in accordance with the Centers for Disease | ||||||
21 | Control and Prevention's guidelines . | ||||||
22 | (b) Reimbursable follow-up healthcare is limited to office | ||||||
23 | visits with a physician, advanced practice registered nurse, or | ||||||
24 | physician assistant within 90 days after an initial visit for | ||||||
25 | hospital medical forensic emergency services. |
| |||||||
| |||||||
1 | (c) Nothing in this Section requires a hospital, pediatric | ||||||
2 | health care facility, health care professional, laboratory, or | ||||||
3 | pharmacy to provide follow-up healthcare to a sexual assault | ||||||
4 | survivor.
| ||||||
5 | (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
| ||||||
6 | (410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)
| ||||||
7 | Sec. 6.1. Minimum standards. The Department shall
| ||||||
8 | prescribe minimum standards, rules, and
regulations necessary
| ||||||
9 | to implement this Act and the changes made by this amendatory | ||||||
10 | Act of the 100th General Assembly , which shall apply to every | ||||||
11 | hospital
required to be licensed by the Department that | ||||||
12 | provides general medical and surgical hospital services and to | ||||||
13 | every approved pediatric health care facility .
Such standards | ||||||
14 | shall include, but not be limited to, a
uniform system for | ||||||
15 | recording results of medical examinations
and all diagnostic | ||||||
16 | tests performed in connection therewith to
determine the | ||||||
17 | condition and necessary treatment of
sexual assault survivors, | ||||||
18 | which results shall be preserved in a
confidential manner as | ||||||
19 | part of the hospital's or approved pediatric health care | ||||||
20 | facility's hospital record of the sexual assault survivor.
| ||||||
21 | (Source: P.A. 95-432, eff. 1-1-08.)
| ||||||
22 | (410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)
| ||||||
23 | Sec. 6.2. Assistance and grants. The Department shall
| ||||||
24 | assist in the development and operation
of programs which |
| |||||||
| |||||||
1 | provide medical hospital emergency services and forensic | ||||||
2 | services to sexual assault
survivors, and, where necessary, to | ||||||
3 | provide grants to hospitals and approved pediatric health care | ||||||
4 | facilities for
this purpose.
| ||||||
5 | (Source: P.A. 95-432, eff. 1-1-08.)
| ||||||
6 | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| ||||||
7 | Sec. 6.4. Sexual assault evidence collection program.
| ||||||
8 | (a) There is created a statewide sexual assault evidence | ||||||
9 | collection program
to facilitate the prosecution of persons | ||||||
10 | accused of sexual assault. This
program shall be administered | ||||||
11 | by the Illinois
State Police. The program shall
consist of the | ||||||
12 | following: (1) distribution of sexual assault evidence
| ||||||
13 | collection kits which have been approved by the Illinois
State | ||||||
14 | Police to hospitals and approved pediatric health care | ||||||
15 | facilities that request them, or arranging for
such | ||||||
16 | distribution by the manufacturer of the kits, (2) collection of | ||||||
17 | the kits
from hospitals and approved pediatric health care | ||||||
18 | facilities after the kits have been used to collect
evidence, | ||||||
19 | (3) analysis of the collected evidence and conducting of | ||||||
20 | laboratory
tests, (4) maintaining the chain of custody and | ||||||
21 | safekeeping of the evidence
for use in a legal proceeding, and | ||||||
22 | (5) the comparison of the collected evidence with the genetic | ||||||
23 | marker grouping analysis information maintained by the | ||||||
24 | Department of State Police under Section 5-4-3 of the Unified | ||||||
25 | Code of Corrections and with the information contained in the |
| |||||||
| |||||||
1 | Federal Bureau of Investigation's National DNA database; | ||||||
2 | provided the amount and quality of genetic marker grouping | ||||||
3 | results obtained from the evidence in the sexual assault case | ||||||
4 | meets the requirements of both the Department of State Police | ||||||
5 | and the Federal Bureau of Investigation's Combined DNA Index | ||||||
6 | System (CODIS) policies. The standardized evidence collection | ||||||
7 | kit for
the State of Illinois shall be the Illinois State | ||||||
8 | Police Sexual Assault Evidence Kit and shall include a written | ||||||
9 | consent form authorizing law enforcement to test the sexual | ||||||
10 | assault evidence and to provide law enforcement with details of | ||||||
11 | the sexual assault.
| ||||||
12 | (a-5) (Blank).
| ||||||
13 | (b) The Illinois State Police shall administer a program to | ||||||
14 | train hospitals
and hospital and approved pediatric health care | ||||||
15 | facility personnel participating in the sexual assault | ||||||
16 | evidence collection
program, in the correct use and application | ||||||
17 | of the sexual assault evidence
collection kits. A sexual | ||||||
18 | assault nurse examiner may conduct
examinations using the | ||||||
19 | sexual assault evidence collection kits, without the
presence | ||||||
20 | or participation of a physician. The Department
shall
cooperate | ||||||
21 | with the Illinois State Police in this
program as it pertains | ||||||
22 | to medical aspects of the evidence collection.
| ||||||
23 | (c) (Blank). In this Section, "sexual assault nurse | ||||||
24 | examiner" means a registered
nurse
who has completed a sexual | ||||||
25 | assault nurse examiner (SANE) training program that
meets the | ||||||
26 | Forensic Sexual Assault Nurse Examiner Education Guidelines
|
| |||||||
| |||||||
1 | established by the International Association of Forensic | ||||||
2 | Nurses.
| ||||||
3 | (Source: P.A. 99-801, eff. 1-1-17 .)
| ||||||
4 | (410 ILCS 70/6.5) | ||||||
5 | Sec. 6.5. Written consent to the release of sexual assault | ||||||
6 | evidence for testing. | ||||||
7 | (a) Upon the completion of medical hospital emergency | ||||||
8 | services and forensic services, the health care professional | ||||||
9 | providing the medical forensic services shall provide the | ||||||
10 | patient the opportunity to sign a written consent to allow law | ||||||
11 | enforcement to submit the sexual assault evidence for testing , | ||||||
12 | if collected . The written consent shall be on a form included | ||||||
13 | in the sexual assault evidence collection kit and posted on the | ||||||
14 | Illinois State Police website. The consent form shall include | ||||||
15 | whether the survivor consents to the release of information | ||||||
16 | about the sexual assault to law enforcement. | ||||||
17 | (1) A survivor 13 years of age or older may sign the | ||||||
18 | written consent to release the evidence for testing. | ||||||
19 | (2) If the survivor is a minor who is under 13 years of | ||||||
20 | age, the written consent to release the sexual assault | ||||||
21 | evidence for testing may be signed by the parent, guardian, | ||||||
22 | investigating law enforcement officer, or Department of | ||||||
23 | Children and Family Services. | ||||||
24 | (3) If the survivor is an adult who has a guardian of | ||||||
25 | the person, a health care surrogate, or an agent acting |
| |||||||
| |||||||
1 | under a health care power of attorney, the consent of the | ||||||
2 | guardian, surrogate, or agent is not required to release | ||||||
3 | evidence and information concerning the sexual assault or | ||||||
4 | sexual abuse. If the adult is unable to provide consent for | ||||||
5 | the release of evidence and information and a guardian, | ||||||
6 | surrogate, or agent under a health care power of attorney | ||||||
7 | is unavailable or unwilling to release the information, | ||||||
8 | then an investigating law enforcement officer may | ||||||
9 | authorize the release. | ||||||
10 | (4) Any health care professional or , including any | ||||||
11 | physician, advanced practice registered nurse, physician | ||||||
12 | assistant, or nurse, sexual assault nurse examiner, and any | ||||||
13 | health care institution, including any hospital or | ||||||
14 | approved pediatric health care facility , who provides | ||||||
15 | evidence or information to a law enforcement officer under | ||||||
16 | a written consent as specified in this Section is immune | ||||||
17 | from any civil or professional liability that might arise | ||||||
18 | from those actions, with the exception of willful or wanton | ||||||
19 | misconduct. The immunity provision applies only if all of | ||||||
20 | the requirements of this Section are met. | ||||||
21 | (b) The hospital or approved pediatric health care facility | ||||||
22 | shall keep a copy of a signed or unsigned written consent form | ||||||
23 | in the patient's medical record. | ||||||
24 | (c) If a written consent to allow law enforcement to hold | ||||||
25 | test the sexual assault evidence is not signed at the | ||||||
26 | completion of medical hospital emergency services and forensic |
| |||||||
| |||||||
1 | services, the hospital or approved pediatric health care | ||||||
2 | facility shall include the following information in its | ||||||
3 | discharge instructions: | ||||||
4 | (1) the sexual assault evidence will be stored for 5 | ||||||
5 | years from the completion of an Illinois State Police | ||||||
6 | Sexual Assault Evidence Collection Kit, or 5 years from the | ||||||
7 | age of 18 years, whichever is longer; | ||||||
8 | (2) a person authorized to consent to the testing of | ||||||
9 | the sexual assault evidence may sign a written consent to | ||||||
10 | allow law enforcement to test the sexual assault evidence | ||||||
11 | at any time during that 5-year period for an adult victim, | ||||||
12 | or until a minor victim turns 23 years of age by (A) | ||||||
13 | contacting the law enforcement agency having jurisdiction, | ||||||
14 | or if unknown, the law enforcement agency contacted by the | ||||||
15 | hospital or approved pediatric health care facility under | ||||||
16 | Section 3.2 of the Criminal Identification Act; or (B) by | ||||||
17 | working with an advocate at a rape crisis center; | ||||||
18 | (3) the name, address, and phone number of the law | ||||||
19 | enforcement agency having jurisdiction, or if unknown the | ||||||
20 | name, address, and phone number of the law enforcement | ||||||
21 | agency contacted by the hospital or approved pediatric | ||||||
22 | health care facility under Section 3.2 of the Criminal | ||||||
23 | Identification Act; and | ||||||
24 | (4) the name and phone number of a local rape crisis | ||||||
25 | center.
| ||||||
26 | (Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | (410 ILCS 70/6.6) | ||||||
2 | Sec. 6.6. Submission of sexual assault evidence. | ||||||
3 | (a) As soon as practicable, but in no event more than 4 | ||||||
4 | hours after the completion of medical hospital emergency | ||||||
5 | services and forensic services, the hospital or approved | ||||||
6 | pediatric health care facility shall make reasonable efforts to | ||||||
7 | determine the law enforcement agency having jurisdiction where | ||||||
8 | the sexual assault occurred , if sexual assault evidence was | ||||||
9 | collected . The hospital or approved pediatric health care | ||||||
10 | facility may obtain the name of the law enforcement agency with | ||||||
11 | jurisdiction from the local law enforcement agency. | ||||||
12 | (b) Within 4 hours after the completion of medical hospital | ||||||
13 | emergency services and forensic services, the hospital or | ||||||
14 | approved pediatric health care facility shall notify the law | ||||||
15 | enforcement agency having jurisdiction that the hospital or | ||||||
16 | approved pediatric health care facility is in possession of | ||||||
17 | sexual assault evidence and the date and time the collection of | ||||||
18 | evidence was completed. The hospital or approved pediatric | ||||||
19 | health care facility shall document the notification in the | ||||||
20 | patient's medical records and shall include the agency | ||||||
21 | notified, the date and time of the notification and the name of | ||||||
22 | the person who received the notification. This notification to | ||||||
23 | the law enforcement agency having jurisdiction satisfies the | ||||||
24 | hospital's or approved pediatric health care facility's | ||||||
25 | requirement to contact its local law enforcement agency under |
| |||||||
| |||||||
1 | Section 3.2 of the Criminal Identification Act. | ||||||
2 | (c) If the law enforcement agency having jurisdiction has | ||||||
3 | not taken physical custody of sexual assault evidence within 5 | ||||||
4 | days of the first contact by the hospital or approved pediatric | ||||||
5 | health care facility , the hospital or approved pediatric health | ||||||
6 | care facility shall renotify the law enforcement agency having | ||||||
7 | jurisdiction that the hospital or approved pediatric health | ||||||
8 | care facility is in possession of sexual assault evidence and | ||||||
9 | the date the sexual assault evidence was collected. The | ||||||
10 | hospital or approved pediatric health care facility shall | ||||||
11 | document the renotification in the patient's medical records | ||||||
12 | and shall include the agency notified, the date and time of the | ||||||
13 | notification and the name of the person who received the | ||||||
14 | notification. | ||||||
15 | (d) If the law enforcement agency having jurisdiction has | ||||||
16 | not taken physical custody of the sexual assault evidence | ||||||
17 | within 10 days of the first contact by the hospital or approved | ||||||
18 | pediatric health care facility and the hospital or approved | ||||||
19 | pediatric health care facility has provided renotification | ||||||
20 | under subsection (c) of this Section, the hospital or approved | ||||||
21 | pediatric health care facility shall contact the State's | ||||||
22 | Attorney of the county where the law enforcement agency having | ||||||
23 | jurisdiction is located. The hospital or approved pediatric | ||||||
24 | health care facility shall inform the State's Attorney that the | ||||||
25 | hospital or approved pediatric health care facility is in | ||||||
26 | possession of sexual assault evidence, the date the sexual |
| |||||||
| |||||||
1 | assault evidence was collected, the law enforcement agency | ||||||
2 | having jurisdiction, the dates, times and names of persons | ||||||
3 | notified under subsections (b) and (c) of this Section. The | ||||||
4 | notification shall be made within 14 days of the collection of | ||||||
5 | the sexual assault evidence.
| ||||||
6 | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
| ||||||
7 | (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
| ||||||
8 | Sec. 7. Reimbursement. | ||||||
9 | (a) A hospital , approved pediatric health care facility, or | ||||||
10 | health care professional furnishing medical hospital emergency | ||||||
11 | services or forensic services, an ambulance provider | ||||||
12 | furnishing transportation to a sexual assault survivor, a | ||||||
13 | hospital, health care professional, or laboratory providing | ||||||
14 | follow-up healthcare, or a pharmacy dispensing prescribed | ||||||
15 | medications to any sexual assault survivor shall furnish such | ||||||
16 | services or medications to that person without charge and shall | ||||||
17 | seek payment as follows: | ||||||
18 | (1) If a sexual assault survivor is eligible to receive | ||||||
19 | benefits under the medical assistance program under | ||||||
20 | Article V of the Illinois Public Aid Code, the ambulance | ||||||
21 | provider, hospital, approved pediatric health care | ||||||
22 | facility, health care professional, laboratory, or | ||||||
23 | pharmacy must submit the bill to the Department of | ||||||
24 | Healthcare and Family Services or the appropriate Medicaid | ||||||
25 | managed care organization and accept the amount paid as |
| |||||||
| |||||||
1 | full payment. | ||||||
2 | (2) If a sexual assault survivor is covered by one or | ||||||
3 | more policies of health insurance or is a beneficiary under | ||||||
4 | a public or private health coverage program, the ambulance | ||||||
5 | provider, hospital, approved pediatric health care | ||||||
6 | facility, health care professional, laboratory, or | ||||||
7 | pharmacy shall bill the insurance company or program. With | ||||||
8 | respect to such insured patients, applicable deductible, | ||||||
9 | co-pay, co-insurance, denial of claim, or any other | ||||||
10 | out-of-pocket insurance-related expense may be submitted | ||||||
11 | to the Illinois Sexual Assault Emergency Treatment Program | ||||||
12 | of the Department of Healthcare and Family Services in | ||||||
13 | accordance with 89 Ill. Adm. Code 148.510 for payment at | ||||||
14 | the Department of Healthcare and Family Services' | ||||||
15 | allowable rates under the Illinois Public Aid Code. The | ||||||
16 | ambulance provider, hospital, approved pediatric health | ||||||
17 | care facility, health care professional, laboratory, or | ||||||
18 | pharmacy shall accept the amounts paid by the insurance | ||||||
19 | company or health coverage program and the Illinois Sexual | ||||||
20 | Assault Treatment Program as full payment. | ||||||
21 | (3) If a sexual assault survivor is neither eligible to | ||||||
22 | receive benefits under the medical assistance program | ||||||
23 | under Article V of the Public Aid Code nor covered by a | ||||||
24 | policy of insurance or a public or private health coverage | ||||||
25 | program, the ambulance provider, hospital, approved | ||||||
26 | pediatric health care facility, health care professional, |
| |||||||
| |||||||
1 | laboratory, or pharmacy shall submit the request for | ||||||
2 | reimbursement to the Illinois Sexual Assault Emergency | ||||||
3 | Treatment Program under the Department of Healthcare and | ||||||
4 | Family Services in accordance with 89 Ill. Adm. Code | ||||||
5 | 148.510 at the Department of Healthcare and Family | ||||||
6 | Services' allowable rates under the Illinois Public Aid | ||||||
7 | Code. | ||||||
8 | (4) If a sexual assault survivor presents a sexual | ||||||
9 | assault services voucher for follow-up healthcare, the | ||||||
10 | healthcare professional , pediatric health care facility, | ||||||
11 | or laboratory that provides follow-up healthcare or the | ||||||
12 | pharmacy that dispenses prescribed medications to a sexual | ||||||
13 | assault survivor shall submit the request for | ||||||
14 | reimbursement for follow-up healthcare, pediatric health | ||||||
15 | care facility, laboratory, or pharmacy services to the | ||||||
16 | Illinois Sexual Assault Emergency Treatment Program under | ||||||
17 | the Department of Healthcare and Family Services in | ||||||
18 | accordance with 89 Ill. Adm. Code 148.510 at the Department | ||||||
19 | of Healthcare and Family Services' allowable rates under | ||||||
20 | the Illinois Public Aid Code. Nothing in this subsection | ||||||
21 | (a) precludes hospitals or approved pediatric health care | ||||||
22 | facilities from providing follow-up healthcare and | ||||||
23 | receiving reimbursement under this Section.
| ||||||
24 | (b) Nothing in this Section precludes a hospital, health | ||||||
25 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
26 | from billing the sexual assault survivor or any applicable |
| |||||||
| |||||||
1 | health insurance or coverage for inpatient services. | ||||||
2 | (c) (Blank). | ||||||
3 | (d) On and after July 1, 2012, the Department shall reduce | ||||||
4 | any rate of reimbursement for services or other payments or | ||||||
5 | alter any methodologies authorized by this Act or the Illinois | ||||||
6 | Public Aid Code to reduce any rate of reimbursement for | ||||||
7 | services or other payments in accordance with Section 5-5e of | ||||||
8 | the Illinois Public Aid Code. | ||||||
9 | (e) The Department of Healthcare and Family Services shall | ||||||
10 | establish standards, rules, and regulations to implement this | ||||||
11 | Section.
| ||||||
12 | (Source: P.A. 98-463, eff. 8-16-13; 99-454, eff. 1-1-16 .)
| ||||||
13 | (410 ILCS 70/7.5) | ||||||
14 | Sec. 7.5. Prohibition on billing sexual assault survivors | ||||||
15 | directly for certain services; written notice; billing | ||||||
16 | protocols. | ||||||
17 | (a) A hospital, approved pediatric health care facility, | ||||||
18 | health care professional, ambulance provider, laboratory, or | ||||||
19 | pharmacy furnishing medical hospital emergency services, | ||||||
20 | forensic services, transportation, follow-up healthcare, or | ||||||
21 | medication to a sexual assault survivor shall not: | ||||||
22 | (1) charge or submit a bill for any portion of the | ||||||
23 | costs of the services, transportation, or medications to | ||||||
24 | the sexual assault survivor, including any insurance | ||||||
25 | deductible, co-pay, co-insurance, denial of claim by an |
| |||||||
| |||||||
1 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
2 | (2) communicate with, harass, or intimidate the sexual | ||||||
3 | assault survivor for payment of services, including, but | ||||||
4 | not limited to, repeatedly calling or writing to the sexual | ||||||
5 | assault survivor and threatening to refer the matter to a | ||||||
6 | debt collection agency or to an attorney for collection, | ||||||
7 | enforcement, or filing of other process; | ||||||
8 | (3) refer a bill to a collection agency or attorney for | ||||||
9 | collection action against the sexual assault survivor; | ||||||
10 | (4) contact or distribute information to affect the | ||||||
11 | sexual assault survivor's credit rating; or | ||||||
12 | (5) take any other action adverse to the sexual assault | ||||||
13 | survivor or his or her family on account of providing | ||||||
14 | services to the sexual assault survivor. | ||||||
15 | (b) Nothing in this Section precludes a hospital, health | ||||||
16 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
17 | from billing the sexual assault survivor or any applicable | ||||||
18 | health insurance or coverage for inpatient services. | ||||||
19 | (c) Every Within 60 days after the effective date of this | ||||||
20 | amendatory Act of the 99th General Assembly, every hospital and | ||||||
21 | approved pediatric health care facility providing treatment | ||||||
22 | services to sexual assault survivors in accordance with a plan | ||||||
23 | approved under Section 2 of this Act shall provide a written | ||||||
24 | notice to a sexual assault survivor. The written notice must | ||||||
25 | include, but is not limited to, the following: | ||||||
26 | (1) a statement that the sexual assault survivor should |
| |||||||
| |||||||
1 | not be directly billed by any ambulance provider providing | ||||||
2 | transportation services, or by any hospital, approved | ||||||
3 | pediatric health care facility, health care professional, | ||||||
4 | laboratory, or pharmacy for the services the sexual assault | ||||||
5 | survivor received as an outpatient at the hospital or | ||||||
6 | approved pediatric health care facility ; | ||||||
7 | (2) a statement that a sexual assault survivor who is | ||||||
8 | admitted to a hospital may be billed for inpatient services | ||||||
9 | provided by a hospital, health care professional, | ||||||
10 | laboratory, or pharmacy; | ||||||
11 | (3) a statement that prior to leaving the hospital or | ||||||
12 | approved pediatric health care facility emergency | ||||||
13 | department of the treating facility , the hospital or | ||||||
14 | approved pediatric health care facility hospital will give | ||||||
15 | the sexual assault survivor a sexual assault services | ||||||
16 | voucher for follow-up healthcare if the sexual assault | ||||||
17 | survivor is eligible to receive a sexual assault services | ||||||
18 | voucher; | ||||||
19 | (4) the definition of "follow-up healthcare" as set | ||||||
20 | forth in Section 1a of this Act; | ||||||
21 | (5) a phone number the sexual assault survivor may call | ||||||
22 | should the sexual assault survivor receive a bill from the | ||||||
23 | hospital or approved pediatric health care facility for | ||||||
24 | medical hospital emergency services and forensic services; | ||||||
25 | (6) the toll-free phone number of the Office of the | ||||||
26 | Illinois Attorney General, Crime Victim Services Division, |
| |||||||
| |||||||
1 | which the sexual assault survivor may call should the | ||||||
2 | sexual assault survivor receive a bill from an ambulance | ||||||
3 | provider, approved pediatric health care facility, a | ||||||
4 | health care professional, a laboratory, or a pharmacy. | ||||||
5 | This subsection (c) shall not apply to hospitals that | ||||||
6 | provide transfer services as defined under Section 1a of this | ||||||
7 | Act. | ||||||
8 | (d) Within 60 days after the effective date of this | ||||||
9 | amendatory Act of the 99th General Assembly, every health care | ||||||
10 | professional, except for those employed by a hospital or | ||||||
11 | hospital affiliate, as defined in the Hospital Licensing Act, | ||||||
12 | or those employed by a hospital operated under the University | ||||||
13 | of Illinois Hospital Act, who bills separately for medical | ||||||
14 | hospital emergency services or forensic services must develop a | ||||||
15 | billing protocol that ensures that no survivor of sexual | ||||||
16 | assault will be sent a bill for any medical hospital emergency | ||||||
17 | services or forensic services and submit the billing protocol | ||||||
18 | to the Crime Victim Services Division of the Office of the | ||||||
19 | Attorney General for approval. Within 60 days after the | ||||||
20 | commencement of the provision of medical forensic services, | ||||||
21 | every health care professional, except for those employed by a | ||||||
22 | hospital or hospital affiliate, as defined in the Hospital | ||||||
23 | Licensing Act, or those employed by a hospital operated under | ||||||
24 | the University of Illinois Hospital Act, who bills separately | ||||||
25 | for medical or forensic services must develop a billing | ||||||
26 | protocol that ensures that no survivor of sexual assault is |
| |||||||
| |||||||
1 | sent a bill for any medical forensic services and submit the | ||||||
2 | billing protocol to the Crime Victim Services Division of the | ||||||
3 | Office of the Attorney General for approval. Health care | ||||||
4 | professionals who bill as a legal entity may submit a single | ||||||
5 | billing protocol for the billing entity. | ||||||
6 | Within 60 days after the Department's approval of a | ||||||
7 | treatment plan, an approved pediatric health care facility and | ||||||
8 | any health care professional employed by an approved pediatric | ||||||
9 | health care facility must develop a billing protocol that | ||||||
10 | ensures that no survivor of sexual assault is sent a bill for | ||||||
11 | any medical forensic services and submit the billing protocol | ||||||
12 | to the Crime Victim Services Division of the Office of the | ||||||
13 | Attorney General for approval. | ||||||
14 | The billing protocol must include at a minimum: | ||||||
15 | (1) a description of training for persons who prepare | ||||||
16 | bills for medical hospital emergency services and forensic | ||||||
17 | services; | ||||||
18 | (2) a written acknowledgement signed by a person who | ||||||
19 | has completed the training that the person will not bill | ||||||
20 | survivors of sexual assault; | ||||||
21 | (3) prohibitions on submitting any bill for any portion | ||||||
22 | of medical hospital emergency services or forensic | ||||||
23 | services provided to a survivor of sexual assault to a | ||||||
24 | collection agency; | ||||||
25 | (4) prohibitions on taking any action that would | ||||||
26 | adversely affect the credit of the survivor of sexual |
| |||||||
| |||||||
1 | assault; | ||||||
2 | (5) the termination of all collection activities if the | ||||||
3 | protocol is violated; and | ||||||
4 | (6) the actions to be taken if a bill is sent to a | ||||||
5 | collection agency or the failure to pay is reported to any | ||||||
6 | credit reporting agency. | ||||||
7 | The Crime Victim Services Division of the Office of the | ||||||
8 | Attorney General may provide a sample acceptable billing | ||||||
9 | protocol upon request. | ||||||
10 | The Office of the Attorney General shall approve a proposed | ||||||
11 | protocol if it finds that the implementation of the protocol | ||||||
12 | would result in no survivor of sexual assault being billed or | ||||||
13 | sent a bill for medical hospital emergency services or forensic | ||||||
14 | services. | ||||||
15 | If the Office of the Attorney General determines that | ||||||
16 | implementation of the protocol could result in the billing of a | ||||||
17 | survivor of sexual assault for medical hospital emergency | ||||||
18 | services or forensic services, the Office of the Attorney | ||||||
19 | General shall provide the health care professional or approved | ||||||
20 | pediatric health care facility with a written statement of the | ||||||
21 | deficiencies in the protocol. The health care professional or | ||||||
22 | approved pediatric health care facility shall have 30 days to | ||||||
23 | submit a revised billing protocol addressing the deficiencies | ||||||
24 | to the Office of the Attorney General. The health care | ||||||
25 | professional or approved pediatric health care facility shall | ||||||
26 | implement the protocol upon approval by the Crime Victim |
| |||||||
| |||||||
1 | Services Division of the Office of the Attorney General. | ||||||
2 | The health care professional or approved pediatric health | ||||||
3 | care facility shall submit any proposed revision to or | ||||||
4 | modification of an approved billing protocol to the Crime | ||||||
5 | Victim Services Division of the Office of the Attorney General | ||||||
6 | for approval. The health care professional or approved | ||||||
7 | pediatric health care facility shall implement the revised or | ||||||
8 | modified billing protocol upon approval by the Crime Victim | ||||||
9 | Services Division of the Office of the Illinois Attorney | ||||||
10 | General.
| ||||||
11 | (Source: P.A. 99-454, eff. 1-1-16 .)
| ||||||
12 | (410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)
| ||||||
13 | Sec. 8. Penalties. | ||||||
14 | (a) Any hospital or approved pediatric health care facility | ||||||
15 | violating any provisions of this Act other than Section 7.5
| ||||||
16 | shall be guilty of a petty offense for each violation, and any | ||||||
17 | fine imposed
shall be paid into the general corporate funds of | ||||||
18 | the city, incorporated
town or village in which the hospital or | ||||||
19 | approved pediatric health care facility is located, or of the | ||||||
20 | county, in case
such hospital is outside the limits of any | ||||||
21 | incorporated municipality.
| ||||||
22 | (b) The Attorney General may seek the assessment of one or | ||||||
23 | more of the following civil monetary penalties in any action | ||||||
24 | filed under this Act where the hospital, approved pediatric | ||||||
25 | health care facility, health care professional, ambulance |
| |||||||
| |||||||
1 | provider, laboratory, or pharmacy knowingly violates Section | ||||||
2 | 7.5 of the Act: | ||||||
3 | (1) For willful violations of paragraphs (1), (2), (4), | ||||||
4 | or (5) of subsection (a) of Section 7.5 or subsection (c) | ||||||
5 | of Section 7.5, the civil monetary penalty shall not exceed | ||||||
6 | $500 per violation. | ||||||
7 | (2) For violations of paragraphs (1), (2), (4), or (5) | ||||||
8 | of subsection (a) of Section 7.5 or subsection (c) of | ||||||
9 | Section 7.5 involving a pattern or practice, the civil | ||||||
10 | monetary penalty shall not exceed $500 per violation. | ||||||
11 | (3) For violations of paragraph (3) of subsection (a) | ||||||
12 | of Section 7.5, the civil monetary penalty shall not exceed | ||||||
13 | $500 for each day the bill is with a collection agency. | ||||||
14 | (4) For violations involving the failure to submit | ||||||
15 | billing protocols within the time period required under | ||||||
16 | subsection (d) of Section 7.5, the civil monetary penalty | ||||||
17 | shall not exceed $100 per day until the health care | ||||||
18 | professional or approved pediatric health care facility | ||||||
19 | complies with subsection (d) of Section 7.5. | ||||||
20 | All civil monetary penalties shall be deposited into the | ||||||
21 | Violent Crime Victims Assistance Fund. | ||||||
22 | (Source: P.A. 99-454, eff. 1-1-16 .)
| ||||||
23 | (410 ILCS 70/9) (from Ch. 111 1/2, par. 87-9)
| ||||||
24 | Sec. 9.
Nothing in this Act shall be construed to require
a | ||||||
25 | hospital or an approved pediatric health care facility to |
| |||||||
| |||||||
1 | provide any services which relate to an abortion.
| ||||||
2 | (Source: P.A. 79-564.)
| ||||||
3 | (410 ILCS 70/9.5 new) | ||||||
4 | Sec. 9.5. Sexual Assault Medical Forensic Services | ||||||
5 | Implementation Task Force. | ||||||
6 | (a) The Sexual Assault Medical Forensic Services | ||||||
7 | Implementation Task Force is created to assist hospitals and | ||||||
8 | approved pediatric health care facilities with the | ||||||
9 | implementation of the changes made by this amendatory Act of | ||||||
10 | the l00th General Assembly. The Task Force shall consist of the | ||||||
11 | following members, who shall serve without compensation: | ||||||
12 | (1) one member of the Senate appointed by the President | ||||||
13 | of the Senate, who may designate an alternate member; | ||||||
14 | (2) one member of the Senate appointed by the Minority | ||||||
15 | Leader of the Senate, who may designate an alternate | ||||||
16 | member; | ||||||
17 | (3) one member of the House of Representatives | ||||||
18 | appointed by the Speaker of the House of Representatives, | ||||||
19 | who may designate an alternate member; | ||||||
20 | (4) one member of the House of Representatives | ||||||
21 | appointed by the Minority Leader of the House of | ||||||
22 | Representatives, who may designate an alternate member; | ||||||
23 | (5) two members representing the Office of the Attorney | ||||||
24 | General appointed by the Attorney General, one of whom | ||||||
25 | shall be the Sexual Assault Nurse Examiner Coordinator for |
| |||||||
| |||||||
1 | the State of
Illinois; | ||||||
2 | (6) one member representing the Department of Public | ||||||
3 | Health appointed by the Director of Public Health; | ||||||
4 | (7) one member representing the Department of State | ||||||
5 | Police appointed by the Director of State Police; | ||||||
6 | (8) one member representing the Department of | ||||||
7 | Healthcare and Family Services appointed by the Director of | ||||||
8 | Healthcare and Family Services; | ||||||
9 | (9) six members representing hospitals appointed by | ||||||
10 | the head of a statewide organization representing the | ||||||
11 | interests of hospitals in Illinois, at least one of whom | ||||||
12 | shall represent small and rural hospitals and at least one | ||||||
13 | of these members shall represent urban hospitals; | ||||||
14 | (10) one member representing physicians appointed by | ||||||
15 | the head of a statewide organization representing the | ||||||
16 | interests of physicians in Illinois; | ||||||
17 | (11) one member representing emergency physicians | ||||||
18 | appointed by the head of a statewide organization | ||||||
19 | representing the interests of emergency physicians in | ||||||
20 | Illinois; | ||||||
21 | (12) two members representing child abuse | ||||||
22 | pediatricians appointed by the head of a statewide | ||||||
23 | organization representing the interests of child abuse | ||||||
24 | pediatricians in Illinois, at least one of whom shall | ||||||
25 | represent child abuse pediatricians providing medical | ||||||
26 | forensic services in rural locations and at least one of |
| |||||||
| |||||||
1 | whom shall represent child abuse pediatricians providing | ||||||
2 | medical forensic services in urban locations; | ||||||
3 | (13) one member representing nurses appointed by the | ||||||
4 | head of a statewide organization representing the | ||||||
5 | interests of nurses in Illinois; | ||||||
6 | (14) two members representing sexual assault nurse | ||||||
7 | examiners appointed by the head of a statewide organization | ||||||
8 | representing the interests of forensic nurses in Illinois, | ||||||
9 | at least one of whom shall represent pediatric/adolescent | ||||||
10 | sexual assault nurse examiners and at least one of these | ||||||
11 | members shall represent adult/adolescent sexual assault | ||||||
12 | nurse examiners; | ||||||
13 | (15) one member representing State's Attorneys | ||||||
14 | appointed by the head of a statewide organization | ||||||
15 | representing the interests of State's Attorneys in | ||||||
16 | Illinois; | ||||||
17 | (16) three members representing sexual assault | ||||||
18 | survivors appointed by the head of a statewide organization | ||||||
19 | representing the interests of sexual assault survivors and | ||||||
20 | rape crisis centers, at least one of whom shall represent | ||||||
21 | rural rape crisis centers and at least one of whom shall | ||||||
22 | represent urban rape crisis centers; and | ||||||
23 | (17) one member representing children's advocacy | ||||||
24 | centers appointed by the head of a statewide organization | ||||||
25 | representing the interests of children's advocacy centers | ||||||
26 | in Illinois. |
| |||||||
| |||||||
1 | The members representing the Office of the Attorney General | ||||||
2 | and the Department of Public Health shall serve as | ||||||
3 | co-chairpersons of the Task Force. The Office of the Attorney | ||||||
4 | General shall provide administrative and other support to the | ||||||
5 | Task Force. | ||||||
6 | (b) The first meeting of the Task Force shall be called by | ||||||
7 | the co-chairpersons no later than 90 days after the effective | ||||||
8 | date of this Section. | ||||||
9 | (c) The goals of the Task Force shall include, but not be | ||||||
10 | limited to, the following: | ||||||
11 | (1) to facilitate the development of areawide | ||||||
12 | treatment plans among hospitals and pediatric health care | ||||||
13 | facilities; | ||||||
14 | (2) to facilitate the development of on-call systems of | ||||||
15 | qualified medical providers and assist hospitals with the | ||||||
16 | development of plans to employ or contract with a qualified | ||||||
17 | medical provider to initiate medical forensic services to a | ||||||
18 | sexual assault survivor within 90 minutes of the patient | ||||||
19 | presenting to the hospital as required in subsection (a-7) | ||||||
20 | of Section 5; | ||||||
21 | (3) to identify photography and storage options for | ||||||
22 | hospitals to comply with the photo documentation | ||||||
23 | requirements in Sections 5 and 5.1; | ||||||
24 | (4) to develop a model written agreement for use by | ||||||
25 | rape crisis centers, hospitals, and approved pediatric | ||||||
26 | health care facilities with sexual assault treatment plans |
| |||||||
| |||||||
1 | to comply with subsection (c) of Section 2; | ||||||
2 | (5) to develop and distribute educational information | ||||||
3 | regarding the implementation of this Act to hospitals, | ||||||
4 | health care providers, rape crisis centers, children's | ||||||
5 | advocacy centers, State's Attorney's offices; | ||||||
6 | (6) to examine the role of telemedicine in the | ||||||
7 | provision of medical forensic services under this Act and | ||||||
8 | to develop recommendations for statutory change and | ||||||
9 | standards and procedures for the use of telemedicine to be | ||||||
10 | adopted by the Department; | ||||||
11 | (7) to seek inclusion of the International Association | ||||||
12 | of Forensic Nurses Sexual Assault Nurse Examiner Education | ||||||
13 | Guidelines for nurses within the registered nurse training | ||||||
14 | curriculum in Illinois nursing programs and the American | ||||||
15 | College of Emergency Physicians Management of the Patient | ||||||
16 | with the Complaint of Sexual Assault for emergency | ||||||
17 | physicians within the Illinois residency training | ||||||
18 | curriculum for emergency physicians; and | ||||||
19 | (8) to submit a report to the General Assembly by | ||||||
20 | January 1, 2023 regarding the status of implementation of | ||||||
21 | this amendatory Act of the 100th General Assembly, | ||||||
22 | including, but not limited to, the impact of transfers to | ||||||
23 | out-of-state hospitals on sexual assault survivors and the | ||||||
24 | availability of treatment hospitals in Illinois; the | ||||||
25 | report to the General Assembly shall be filed with the | ||||||
26 | Clerk of the House of Representatives and the Secretary of |
| |||||||
| |||||||
1 | the Senate in electronic form only, in the manner that the | ||||||
2 | Clerk and the Secretary shall direct. | ||||||
3 | (d) This Section is repealed on January 1, 2024.
| ||||||
4 | (410 ILCS 70/10 new) | ||||||
5 | Sec. 10. Sexual Assault Nurse Examiner Program. | ||||||
6 | (a) The Sexual Assault Nurse Examiner Program is | ||||||
7 | established within the Office of the Attorney General. The | ||||||
8 | Sexual Assault Nurse Examiner Program shall maintain a list of | ||||||
9 | sexual assault nurse examiners who have completed didactic and | ||||||
10 | clinical training requirements consistent with the Sexual | ||||||
11 | Assault Nurse Examiner Education Guidelines established by the | ||||||
12 | International Association of Forensic Nurses. | ||||||
13 | (b) By March 1, 2019, the Sexual Assault Nurse Examiner | ||||||
14 | Program shall develop and make available to hospitals 2 hours | ||||||
15 | of online sexual assault training for emergency department | ||||||
16 | clinical staff to meet the training requirement established in | ||||||
17 | subsection (a) of Section 2. Notwithstanding any other law | ||||||
18 | regarding ongoing licensure requirements, such training shall | ||||||
19 | count toward the continuing medical education and continuing | ||||||
20 | nursing education credits for physicians, physician | ||||||
21 | assistants, advanced practice registered nurses, and | ||||||
22 | registered professional nurses. | ||||||
23 | The Sexual Assault Nurse Examiner Program shall provide | ||||||
24 | didactic and clinical training opportunities consistent with | ||||||
25 | the Sexual Assault Nurse Examiner Education Guidelines |
| |||||||
| |||||||
1 | established by the International Association of Forensic | ||||||
2 | Nurses, in sufficient numbers and geographical locations | ||||||
3 | across the State, to assist hospitals with training the | ||||||
4 | necessary number of sexual assault nurse examiners to comply | ||||||
5 | with the requirement of this Act to employ or contract with a | ||||||
6 | qualified medical provider to initiate medical forensic | ||||||
7 | services to a
sexual assault survivor within 90 minutes of the | ||||||
8 | patient
presenting to the hospital as required in subsection | ||||||
9 | (a-7) of Section 5. | ||||||
10 | The Sexual Assault Nurse Examiner Program shall assist | ||||||
11 | hospitals in establishing trainings to achieve the | ||||||
12 | requirements of this Act. | ||||||
13 | For the purpose of providing continuing medical education | ||||||
14 | credit in accordance with the Medical Practice Act of 1987 and | ||||||
15 | administrative rules adopted under the Medical Practice Act of | ||||||
16 | 1987 and continuing education credit in accordance with the | ||||||
17 | Nurse Practice Act and administrative rules adopted under the | ||||||
18 | Nurse Practice Act to health care professionals for the | ||||||
19 | completion of sexual assault training provided by the Sexual | ||||||
20 | Assault Nurse Examiner Program under this Act, the Office of | ||||||
21 | the Attorney General shall be considered a State agency. | ||||||
22 | (c) The Sexual Assault Nurse Examiner Program, in | ||||||
23 | consultation with qualified medical providers, shall create | ||||||
24 | uniform materials that all
treatment hospitals, treatment | ||||||
25 | hospitals with approved pediatric transfer, and approved | ||||||
26 | pediatric health care facilities are
required to give patients |
| |||||||
| |||||||
1 | and non-offending parents or legal
guardians, if applicable, | ||||||
2 | regarding the medical forensic exam
procedure, laws regarding | ||||||
3 | consenting to medical forensic
services, and the benefits and | ||||||
4 | risks of evidence collection,
including recommended time | ||||||
5 | frames for evidence collection
pursuant to evidence-based | ||||||
6 | research. These materials shall be
made available to all | ||||||
7 | hospitals and approved pediatric health
care facilities on the | ||||||
8 | Office of the Attorney General's
website.
| ||||||
9 | Section 99. Effective date. This Act takes effect January | ||||||
10 | 1, 2019, except that this Section and the provisions adding | ||||||
11 | Section 9.5 to the Sexual Assault Survivors Emergency Treatment | ||||||
12 | Act take effect upon becoming law.".
|