Bill Text: IL HB5245 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Sexual Assault Survivors Emergency Treatment Act. Adds various provisions concerning requirements for hospitals and pediatric health care facilities in relation to pediatric sexual assault care. Provides that a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act (rather than licensed under the Hospital Licensing Act) that provides general medical and surgical hospital services shall provide either transfer services to all sexual assault survivors, medical forensic services to all sexual assault survivors, or transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older (rather than transfer services or hospital emergency services and forensic services in relation to injuries or trauma resulting from sexual assault). Provides that a pediatric health care facility may provide medical forensic services to pediatric sexual assault survivors. Adds provisions concerning requirements placed on the Department of Public Health; consent to jurisdiction for pediatric health care facilities; storage, retention, and dissemination of photo documentation relating to medical forensic services; sexual assault services vouchers; pediatric sexual assault care; and requirements placed on the Attorney General. Makes other changes.

Spectrum: Slight Partisan Bill (Democrat 59-36)

Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0775 [HB5245 Detail]

Download: Illinois-2017-HB5245-Chaptered.html

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Public Act 100-0775
HB5245 Enrolled LRB100 20715 MJP 36183 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 1a, 2, 2.1, 2.2,
3, 5, 5.5, 6.1, 6.2, 6.4, 6.5, 6.6, 7, 7.5, 8, and 9 and by
adding Sections 2.05, 2.06, 5.1, 5.2, 5.3, 5.4, 9.5, and 10 as
follows:
(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
Sec. 1a. Definitions. In this Act:
"Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
"Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
"Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to pediatric sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual

within a minimum of the last 7 days.
"Areawide sexual assault treatment plan" means a plan,
developed by the hospitals or by hospitals and approved
pediatric health care facilities in a the community or area to
be served, which provides for medical forensic hospital
emergency services to sexual assault survivors that shall be
made available by each of the participating hospitals and
approved pediatric health care facilities.
"Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
"Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and pharmacy
services, rendered within 90 days of the initial visit for
medical forensic hospital emergency services.
"Forensic services" means the collection of evidence
pursuant to a statewide sexual assault evidence collection

program administered by the Department of State Police, using
the Illinois State Police Sexual Assault Evidence Collection
Kit.
"Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, or an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06 has the meaning given to that term in the Hospital
Licensing Act.
"Hospital emergency services" means healthcare delivered
to outpatients within or under the care and supervision of
personnel working in a designated emergency department of a
hospital, including, but not limited to, care ordered by such
personnel for a sexual assault survivor in the emergency
department.
"Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence

Collection Kit.
"Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
"Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
"Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital or
an approved pediatric health care facility. "Medical forensic
services" includes, but is not limited to, taking a medical
history, performing photo documentation, performing a physical
and anogenital examination, assessing the patient for evidence
collection, collecting evidence in accordance with a statewide
sexual assault evidence collection program administered by the
Department of State Police using the Illinois State Police
Sexual Assault Evidence Collection Kit, if appropriate,
assessing the patient for drug-facilitated or
alcohol-facilitated sexual assault, providing an evaluation of
and care for sexually transmitted infection and human
immunodeficiency virus (HIV), pregnancy risk evaluation and
care, and discharge and follow-up healthcare planning.
"Pediatric health care facility" means a clinic or
physician's office that provides medical services to pediatric
patients.
"Pediatric sexual assault survivor" means a person under

the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual assault.
"Photo documentation" means digital photographs or
colposcope videos stored and backed-up securely in the original
file format.
"Nurse" means a nurse licensed under the Nurse Practice
Act.
"Physician" means a person licensed to practice medicine in
all its branches.
"Physician assistant" has the meaning provided in Section 4
of the Physician Assistant Practice Act of 1987.
"Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
"Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
"Sexual assault" means:
(1) an act of nonconsensual sexual conduct; as used in

this paragraph, "sexual conduct" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012; or
(2) any act of sexual penetration; as used in this
paragraph, "sexual penetration" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012 and
includes, or sexual penetration, as defined in Section
11-0.1 of the Criminal Code of 2012, including, without
limitation, acts prohibited under Sections 11-1.20 through
11-1.60 of the Criminal Code of 2012.
"Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or is
substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program that
meets the Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses.
"Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up

healthcare provided as a result of the sexual assault.
"Sexual assault survivor" means a person who presents for
medical forensic hospital emergency services in relation to
injuries or trauma resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services emergency treatment.
"Sexual assault treatment plan" means a written plan
developed by a hospital that describes the hospital's
procedures and protocols for providing medical hospital
emergency services and forensic services to sexual assault
survivors who present themselves for such services, either
directly or through transfer from a another hospital or an
approved pediatric health care facility.
"Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical hospital emergency services and forensic
services to sexual assault survivors pursuant to a sexual
assault treatment plan or areawide sexual assault treatment

plan.
"Treatment hospital" means a hospital with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to all sexual assault survivors who present
with a complaint of sexual assault within a minimum of the last
7 days or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
"Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
"Voucher" means a document generated by a hospital at the
time the sexual assault survivor receives hospital emergency
and forensic services that a sexual assault survivor may
present to providers for follow-up healthcare.
(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17;
100-513, eff. 1-1-18.)
(410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
Sec. 2. Hospital and approved pediatric health care
facility requirements for sexual assault plans.

(a) Every hospital required to be licensed by the
Department pursuant to the Hospital Licensing Act, or operated
under the University of Illinois Hospital Act that approved
July 1, 1953, as now or hereafter amended, which provides
general medical and surgical hospital services shall provide
either (i) transfer services to all sexual assault survivors,
or (ii) medical hospital emergency services and forensic
services to all sexual assault survivors, or (iii) transfer
services to pediatric sexual assault survivors and medical
forensic services to sexual assault survivors 13 years old or
older, in accordance with rules and regulations adopted by the
Department, to all sexual assault survivors who apply for
either (i) transfer services or (ii) hospital emergency
services and forensic services in relation to injuries or
trauma resulting from the sexual assault.
In addition, every such hospital, regardless of whether or
not a request is made for reimbursement, shall submit to the
Department a plan to provide either (i) transfer services to
all sexual assault survivors, or (ii) medical hospital
emergency services and forensic services to all sexual assault
survivors, or (iii) transfer services to pediatric sexual
assault survivors and medical forensic services to sexual
assault survivors 13 years old or older. Such plan shall be
submitted within 60 days after receipt of the Department's
request for this plan, to the Department for approval prior to
such plan becoming effective. The Department shall approve such

plan for either (i) transfer services to all sexual assault
survivors, or (ii) medical hospital emergency services and
forensic services to all sexual assault survivors, or (iii)
transfer services to pediatric sexual assault survivors and
medical forensic services to sexual assault survivors 13 years
old or older, if it finds that the implementation of the
proposed plan would provide adequate (i) transfer services or
(ii) medical hospital emergency services and forensic services
for sexual assault survivors in accordance with the
requirements of this Act and provide sufficient protections
from the risk of pregnancy to sexual assault survivors.
The Department may not approve a sexual assault transfer
plan unless a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault survivors
from the proposed transfer hospital and a transfer to the
treatment hospital would not unduly burden the sexual assault
survivor.
In counties with a population of less than 1,000,000, the
Department may not approve a sexual assault transfer plan for a
hospital located within a 20-mile radius of a 4-year public
university, not including community colleges, unless there is a
treatment hospital with a sexual assault treatment plan
approved by the Department within a 20-mile radius of the
4-year public university.
A transfer must be in accordance with federal and State
laws and local ordinances.

A treatment hospital with approved pediatric transfer must
submit an areawide treatment plan under Section 3 of this Act
that includes a written agreement with a treatment hospital
stating that the treatment hospital will provide medical
forensic services to pediatric sexual assault survivors
transferred from the treatment hospital with approved
pediatric transfer. The areawide treatment plan may also
include an approved pediatric health care facility.
A transfer hospital must submit an areawide treatment plan
under Section 3 of this Act that includes a written agreement
with a treatment hospital stating that the treatment hospital
will provide medical forensic services to all sexual assault
survivors transferred from the transfer hospital. The areawide
treatment plan may also include an approved pediatric health
care facility.
Beginning January 1, 2019, each treatment hospital and
treatment hospital with approved pediatric transfer shall
ensure that emergency department attending physicians,
physician assistants, advanced practice registered nurses, and
registered professional nurses providing clinical services,
who do not meet the definition of a qualified medical provider
in Section 1a of this Act, receive a minimum of 2 hours of
sexual assault training by July 1, 2020 or until the treatment
hospital or treatment hospital with approved pediatric
transfer certifies to the Department, in a form and manner
prescribed by the Department, that it employs or contracts with

a qualified medical provider in accordance with subsection
(a-7) of Section 5, whichever occurs first.
After July 1, 2020 or once a treatment hospital or a
treatment hospital with approved pediatric transfer certifies
compliance with subsection (a-7) of Section 5, whichever occurs
first, each treatment hospital and treatment hospital with
approved pediatric transfer shall ensure that emergency
department attending physicians, physician assistants,
advanced practice registered nurses, and registered
professional nurses providing clinical services, who do not
meet the definition of a qualified medical provider in Section
1a of this Act, receive a minimum of 2 hours of continuing
education on responding to sexual assault survivors every 2
years. Protocols for training shall be included in the
hospital's sexual assault treatment plan.
Sexual assault training provided under this subsection may
be provided in person or online and shall include, but not be
limited to:
(1) information provided on the provision of medical
forensic services;
(2) information on the use of the Illinois Sexual
Assault Evidence Collection Kit;
(3) information on sexual assault epidemiology,
neurobiology of trauma, drug-facilitated sexual assault,
child sexual abuse, and Illinois sexual assault-related
laws; and

(4) information on the hospital's sexual
assault-related policies and procedures.
The online training made available by the Office of the
Attorney General under subsection (b) of Section 10 may be used
to comply with this subsection.
(b) An approved pediatric health care facility may provide
medical forensic services, in accordance with rules adopted by
the Department, to all pediatric sexual assault survivors who
present for medical forensic services in relation to injuries
or trauma resulting from a sexual assault. These services shall
be provided by a qualified medical provider.
A pediatric health care facility must participate in or
submit an areawide treatment plan under Section 3 of this Act
that includes a treatment hospital. If a pediatric health care
facility does not provide certain medical or surgical services
that are provided by hospitals, the areawide sexual assault
treatment plan must include a procedure for ensuring a sexual
assault survivor in need of such medical or surgical services
receives the services at the treatment hospital. The areawide
treatment plan may also include a treatment hospital with
approved pediatric transfer.
The Department shall review a proposed sexual assault
treatment plan submitted by a pediatric health care facility
within 60 days after receipt of the plan. If the Department
finds that the proposed plan meets the minimum requirements set
forth in Section 5 of this Act and that implementation of the

proposed plan would provide medical forensic services for
pediatric sexual assault survivors, then the Department shall
approve the plan. If the Department does not approve a plan,
then the Department shall notify the pediatric health care
facility that the proposed plan has not been approved. The
pediatric health care facility shall have 30 days to submit a
revised plan. The Department shall review the revised plan
within 30 days after receipt of the plan and notify the
pediatric health care facility whether the revised plan is
approved or rejected. A pediatric health care facility may not
provide medical forensic services to pediatric sexual assault
survivors who present with a complaint of sexual assault within
a minimum of the last 7 days or who have disclosed past sexual
assault by a specific individual and were in the care of that
individual within a minimum of the last 7 days until the
Department has approved a treatment plan.
If an approved pediatric health care facility is not open
24 hours a day, 7 days a week, it shall post signage at each
public entrance to its facility that:
(1) is at least 14 inches by 14 inches in size;
(2) directs those seeking services as follows: "If
closed, call 911 for services or go to the closest hospital
emergency department, (insert name) located at (insert
address).";
(3) lists the approved pediatric health care
facility's hours of operation;

(4) lists the street address of the building;
(5) has a black background with white bold capital
lettering in a clear and easy to read font that is at least
72-point type, and with "call 911" in at least 125-point
type;
(6) is posted clearly and conspicuously on or adjacent
to the door at each entrance and, if building materials
allow, is posted internally for viewing through glass; if
posted externally, the sign shall be made of
weather-resistant and theft-resistant materials,
non-removable, and adhered permanently to the building;
and
(7) has lighting that is part of the sign itself or is
lit with a dedicated light that fully illuminates the sign.
A copy of the proposed sign must be submitted to the
Department and approved as part of the approved pediatric
health care facility's sexual assault treatment plan.
(c) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility must enter into a memorandum of understanding
with a rape crisis center for medical advocacy services, if
these services are available to the treatment hospital,
treatment hospital with approved pediatric transfer, or
approved pediatric health care facility. With the consent of
the sexual assault survivor, a rape crisis counselor shall
remain in the exam room during the collection for forensic

evidence.
(d) Every treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility's sexual assault treatment plan shall include
procedures for complying with mandatory reporting requirements
pursuant to (1) the Abused and Neglected Child Reporting Act;
(2) the Abused and Neglected Long Term Care Facility Residents
Reporting Act; (3) the Adult Protective Services Act; and (iv)
the Criminal Identification Act.
(e) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility shall submit to the Department every 6 months, in
a manner prescribed by the Department, the following
information:
(1) The total number of patients who presented with a
complaint of sexual assault.
(2) The total number of Illinois Sexual Assault
Evidence Collection Kits:
(A) offered to (i) all sexual assault survivors and
(ii) pediatric sexual assault survivors pursuant to
paragraph (1.5) of subsection (a-5) of Section 5;
(B) completed for (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors; and
(C) declined by (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors.
This information shall be made available on the

Department's website.
The Department shall periodically conduct on site reviews
of such approved plans with hospital personnel to insure that
the established procedures are being followed.
On January 1, 2007, and each January 1 thereafter, the
Department shall submit a report to the General Assembly
containing information on the hospitals in this State that have
submitted a plan to provide either (i) transfer services or
(ii) hospital emergency services and forensic services to
sexual assault survivors. The Department shall post on its
Internet website the report required in this Section. The
report shall include all of the following:
(1) A list of all hospitals that have submitted a plan.
(2) A list of hospitals whose plans have been found by
the Department to be in compliance with this Act.
(3) A list of hospitals that have failed to submit an
acceptable Plan of Correction within the time required by
Section 2.1 of this Act.
(4) A list of hospitals at which the periodic site
review required by this Act has been conducted.
When a hospital listed as noncompliant under item (3) of this
Section submits and implements the required Plan of Correction,
the Department shall immediately update the report on its
Internet website to reflect that hospital's compliance.
(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)

(410 ILCS 70/2.05 new)
Sec. 2.05. Department requirements.
(a) The Department shall periodically conduct on-site
reviews of approved sexual assault treatment plans with
hospital and approved pediatric health care facility personnel
to ensure that the established procedures are being followed.
Department personnel conducting the on-site reviews shall
attend 4 hours of sexual assault training conducted by a
qualified medical provider that includes, but is not limited
to, forensic evidence collection provided to sexual assault
survivors of any age and Illinois sexual assault-related laws
and administrative rules.
(b) On July 1, 2019 and each July 1 thereafter, the
Department shall submit a report to the General Assembly
containing information on the hospitals and pediatric health
care facilities in this State that have submitted a plan to
provide: (i) transfer services to all sexual assault survivors,
(ii) medical forensic services to all sexual assault survivors,
(iii) transfer services to pediatric sexual assault survivors
and medical forensic services to sexual assault survivors 13
years old or older, or (iv) medical forensic services to
pediatric sexual assault survivors. The Department shall post
the report on its Internet website on or before October 1, 2019
and, except as otherwise provided in this Section, update the
report every quarter thereafter. The report shall include all
of the following:

(1) Each hospital and pediatric care facility that has
submitted a plan, including the submission date of the
plan, type of plan submitted, and the date the plan was
approved or denied. If a pediatric health care facility
withdraws its plan, the Department shall immediately
update the report on its Internet website to remove the
pediatric health care facility's name and information.
(2) Each hospital that has failed to submit a plan as
required in subsection (a) of Section 2.
(3) Each hospital and approved pediatric care facility
that has to submit an acceptable Plan of Correction within
the time required by Section 2.1, including the date the
Plan of Correction was required to be submitted. Once a
hospital or approved pediatric health care facility
submits and implements the required Plan of Correction, the
Department shall immediately update the report on its
Internet website to reflect that hospital or approved
pediatric health care facility's compliance.
(4) Each hospital and approved pediatric care facility
at which the periodic on-site review required by Section
2.05 of this Act has been conducted, including the date of
the on-site review and whether the hospital or approved
pediatric care facility was found to be in compliance with
its approved plan.
(5) Each areawide treatment plan submitted to the
Department pursuant to Section 3 of this Act, including

which treatment hospitals, treatment hospitals with
approved pediatric transfer, transfer hospitals and
approved pediatric health care facilities are identified
in each areawide treatment plan.
(c) The Department, in consultation with the Office of the
Attorney General, shall adopt administrative rules by January
1, 2020 establishing a process for physicians and physician
assistants to provide documentation of training and clinical
experience that meets or is substantially similar to the Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses in order to
qualify as a sexual assault forensic examiner.
(410 ILCS 70/2.06 new)
Sec. 2.06. Consent to jurisdiction. A pediatric health care
facility that submits a plan to the Department for approval
under Section 2 or an out-of-state hospital that submits an
areawide treatment plan in accordance with subsection (b) of
Section 5.4 consents to the jurisdiction and oversight of the
Department, including, but not limited to, inspections,
investigations, and evaluations arising out of complaints
relevant to this Act made to the Department. A pediatric health
care facility that submits a plan to the Department for
approval under Section 2 or an out-of-state hospital that
submits an areawide treatment plan in accordance with
subsection (b) of Section 5.4 shall be deemed to have given

consent to annual inspections, surveys, or evaluations
relevant to this Act by properly identified personnel of the
Department or by such other properly identified persons,
including local health department staff, as the Department may
designate. In addition, representatives of the Department
shall have access to and may reproduce or photocopy any books,
records, and other documents maintained by the pediatric health
care facility or the facility's representatives or the
out-of-state hospital or the out-of-state hospital's
representative to the extent necessary to carry out this Act.
No representative, agent, or person acting on behalf of the
pediatric health care facility or out-of-state hospital in any
manner shall intentionally prevent, interfere with, or attempt
to impede in any way any duly authorized investigation and
enforcement of this Act. The Department shall have the power to
adopt rules to carry out the purpose of regulating a pediatric
health care facility or out-of-state hospital. In carrying out
oversight of a pediatric health care facility or an
out-of-state hospital, the Department shall respect the
confidentiality of all patient records, including by complying
with the patient record confidentiality requirements set out in
Section 6.14b of the Hospital Licensing Act.
(410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
Sec. 2.1. Plan of correction; penalties.
(a) If the Department surveyor determines that the hospital

or approved pediatric health care facility is not in compliance
with its approved plan, the surveyor shall provide the hospital
or approved pediatric health care facility with a written list
of the specific items of noncompliance within 10 working days
after the conclusion of the on site review. The hospital shall
have 10 working days to submit to the Department a plan of
correction which contains the hospital's or approved pediatric
health care facility's specific proposals for correcting the
items of noncompliance. The Department shall review the plan of
correction and notify the hospital in writing within 10 working
days as to whether the plan is acceptable or unacceptable.
If the Department finds the Plan of Correction
unacceptable, the hospital or approved pediatric health care
facility shall have 10 working days to resubmit an acceptable
Plan of Correction. Upon notification that its Plan of
Correction is acceptable, a hospital or approved pediatric
health care facility shall implement the Plan of Correction
within 60 days.
(b) The failure of a hospital to submit an acceptable Plan
of Correction or to implement the Plan of Correction, within
the time frames required in this Section, will subject a
hospital to the imposition of a fine by the Department. The
Department may impose a fine of up to $500 per day until a
hospital complies with the requirements of this Section.
If an approved pediatric health care facility fails to
submit an acceptable Plan of Correction or to implement the

Plan of Correction within the time frames required in this
Section, then the Department shall notify the approved
pediatric health care facility that the approved pediatric
health care facility may not provide medical forensic services
under this Act. The Department may impose a fine of up to $500
per patient provided services in violation of this Act.
(c) Before imposing a fine pursuant to this Section, the
Department shall provide the hospital or approved pediatric
health care facility via certified mail with written notice and
an opportunity for an administrative hearing. Such hearing must
be requested within 10 working days after receipt of the
Department's Notice. All hearings shall be conducted in
accordance with the Department's rules in administrative
hearings.
(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
(410 ILCS 70/2.2)
Sec. 2.2. Emergency contraception.
(a) The General Assembly finds:
(1) Crimes of sexual assault and sexual abuse cause
significant physical, emotional, and psychological trauma
to the victims. This trauma is compounded by a victim's
fear of becoming pregnant and bearing a child as a result
of the sexual assault.
(2) Each year over 32,000 women become pregnant in the
United States as the result of rape and approximately 50%

of these pregnancies end in abortion.
(3) As approved for use by the Federal Food and Drug
Administration (FDA), emergency contraception can
significantly reduce the risk of pregnancy if taken within
72 hours after the sexual assault.
(4) By providing emergency contraception to rape
victims in a timely manner, the trauma of rape can be
significantly reduced.
(b) Every Within 120 days after the effective date of this
amendatory Act of the 92nd General Assembly, every hospital or
approved pediatric health care facility providing services to
sexual assault survivors in accordance with a plan approved
under Section 2 must develop a protocol that ensures that each
survivor of sexual assault will receive medically and factually
accurate and written and oral information about emergency
contraception; the indications and contraindications
counter-indications and risks associated with the use of
emergency contraception; and a description of how and when
victims may be provided emergency contraception at no cost upon
the written order of a physician licensed to practice medicine
in all its branches, a licensed advanced practice registered
nurse, or a licensed physician assistant. The Department shall
approve the protocol if it finds that the implementation of the
protocol would provide sufficient protection for survivors of
sexual assault.
The hospital or approved pediatric health care facility

shall implement the protocol upon approval by the Department.
The Department shall adopt rules and regulations establishing
one or more safe harbor protocols and setting minimum
acceptable protocol standards that hospitals may develop and
implement. The Department shall approve any protocol that meets
those standards. The Department may provide a sample acceptable
protocol upon request.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
(410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)
Sec. 3. Areawide sexual assault treatment plans;
submission. Hospitals and approved pediatric health care
facilities in the area to be served may develop and participate
in areawide plans that shall describe the medical hospital
emergency services and forensic services to sexual assault
survivors that each participating hospital and approved
pediatric health care facility has agreed to make available.
Each hospital and approved pediatric health care facility
participating in such a plan shall provide such services as it
is designated to provide in the plan agreed upon by the
participants. An areawide plan Areawide plans may include
treatment hospitals, treatment hospitals with approved
pediatric transfer, transfer hospitals, approved pediatric
health care facilities, or out-of-state hospitals as provided
in Section 5.4 hospital transfer plans. All areawide plans
shall be submitted to the Department for approval, prior to

becoming effective. The Department shall approve a proposed
plan if it finds that the minimum requirements set forth in
Section 5 and implementation of the plan would provide for
appropriate medical hospital emergency services and forensic
services for the people of the area to be served.
(Source: P.A. 95-432, eff. 1-1-08.)
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for medical forensic services
provided to sexual assault survivors by hospitals and approved
pediatric health care facilities providing hospital emergency
services and forensic services to sexual assault survivors.
(a) Every hospital and approved pediatric health care
facility providing medical hospital emergency services and
forensic services to sexual assault survivors under this Act
shall, as minimum requirements for such services, provide, with
the consent of the sexual assault survivor, and as ordered by
the attending physician, an advanced practice registered
nurse, or a physician assistant, the services set forth in
subsection (a-5). following:
Beginning January 1, 2022, a qualified medical provider
must provide the services set forth in subsection (a-5).
(a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, or an approved pediatric health
care facility shall provide the following services in
accordance with subsection (a):

(1) Appropriate appropriate medical forensic services
without delay, in a private, age-appropriate or
developmentally-appropriate space, examinations and
laboratory tests required to ensure the health, safety, and
welfare of a sexual assault survivor and or which may be
used as evidence in a criminal proceeding against a person
accused of the sexual assault, in a proceeding under the
Juvenile Court Act of 1987, or in an investigation under
the Abused and Neglected Child Reporting Act. , or both; and
records of the results of such examinations and tests shall
be maintained by the hospital and made available to law
enforcement officials upon the request of the sexual
assault survivor;
Records of medical forensic services, including
results of examinations and tests, the Illinois State
Police Medical Forensic Documentation Forms, the Illinois
State Police Patient Discharge Materials, and the Illinois
State Police Patient Consent: Collect and Test Evidence or
Collect and Hold Evidence Form, shall be maintained by the
hospital or approved pediatric health care facility as part
of the patient's electronic medical record.
Records of medical forensic services of sexual assault
survivors under the age of 18 shall be retained by the
hospital for a period of 60 years after the sexual assault
survivor reaches the age of 18. Records of medical forensic
services of sexual assault survivors 18 years of age or

older shall be retained by the hospital for a period of 20
years after the date the record was created.
Records of medical forensic services may only be
disseminated in accordance with Section 6.5 of this Act and
other State and federal law.
(1.5) An offer to complete the Illinois Sexual Assault
Evidence Collection Kit for any sexual assault survivor who
presents within a minimum of the last 7 days of the assault
or who has disclosed past sexual assault by a specific
individual and was in the care of that individual within a
minimum of the last 7 days.
(A) Appropriate oral and written information
concerning evidence-based guidelines for the
appropriateness of evidence collection depending on
the sexual development of the sexual assault survivor,
the type of sexual assault, and the timing of the
sexual assault shall be provided to the sexual assault
survivor. Evidence collection is encouraged for
prepubescent sexual assault survivors who present to a
hospital or approved pediatric health care facility
with a complaint of sexual assault within a minimum of
96 hours after the sexual assault.
Before January 1, 2022, the information required
under this subparagraph shall be provided in person by
the health care professional providing medical
forensic services directly to the sexual assault

survivor.
On and after January 1, 2022, the information
required under this subparagraph shall be provided in
person by the qualified medical provider providing
medical forensic services directly to the sexual
assault survivor.
The written information provided shall be the
information created in accordance with Section 10 of
this Act.
(B) Following the discussion regarding the
evidence-based guidelines for evidence collection in
accordance with subparagraph (A), evidence collection
must be completed at the sexual assault survivor's
request. A sexual assault nurse examiner conducting an
examination using the Illinois State Police Sexual
Assault Evidence Collection Kit may do so without the
presence or participation of a physician.
(2) Appropriate appropriate oral and written
information concerning the possibility of infection,
sexually transmitted infection, including an evaluation of
the sexual assault survivor's risk of contracting human
immunodeficiency virus (HIV) from sexual assault, disease
and pregnancy resulting from sexual assault. ;
(3) Appropriate appropriate oral and written
information concerning accepted medical procedures,
laboratory tests, medication, and possible

contraindications of such medication available for the
prevention or treatment of infection or disease resulting
from sexual assault. ;
(4) An an amount of medication, including HIV
prophylaxis, for treatment at the hospital or approved
pediatric health care facility and after discharge as is
deemed appropriate by the attending physician, an advanced
practice registered nurse, or a physician assistant in
accordance with the Centers for Disease Control and
Prevention guidelines and consistent with the hospital's
or approved pediatric health care facility's current
approved protocol for sexual assault survivors. ;
(5) Photo documentation of the sexual assault
survivor's injuries, anatomy involved in the assault, or
other visible evidence on the sexual assault survivor's
body to supplement the medical forensic history and written
documentation of physical findings and evidence beginning
July 1, 2019. Photo documentation does not replace written
documentation of the injury. an evaluation of the sexual
assault survivor's risk of contracting human
immunodeficiency virus (HIV) from the sexual assault;
(6) Written written and oral instructions indicating
the need for follow-up examinations and laboratory tests
after the sexual assault to determine the presence or
absence of sexually transmitted infection. disease;
(7) Referral referral by hospital or approved

pediatric health care facility personnel for appropriate
counseling. ; and
(8) Medical advocacy services provided by a rape crisis
counselor whose communications are protected under Section
8-802.1 of the Code of Civil Procedure, if there is a
memorandum of understanding between the hospital or
approved pediatric health care facility and a rape crisis
center. With the consent of the sexual assault survivor, a
rape crisis counselor shall remain in the exam room during
the medical forensic examination. when HIV prophylaxis is
deemed appropriate, an initial dose or doses of HIV
prophylaxis, along with written and oral instructions
indicating the importance of timely follow-up healthcare.
(9) Written information regarding services provided by
a Children's Advocacy Center and rape crisis center, if
applicable.
(a-7) By January 1, 2022, every hospital with a treatment
plan approved by the Department shall employ or contract with a
qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the treatment hospital or treatment
hospital with approved pediatric transfer. The provision of
medical forensic services by a qualified medical provider shall
not delay the provision of life-saving medical care.
(b) Any person who is a sexual assault survivor who seeks
medical emergency hospital services and forensic services or

follow-up healthcare under this Act shall be provided such
services without the consent of any parent, guardian,
custodian, surrogate, or agent. If a sexual assault survivor is
unable to consent to medical forensic services, the services
may be provided under the Consent by Minors to Medical
Procedures Act, the Health Care Surrogate Act, or other
applicable State and federal laws.
(b-5) Every treating hospital or approved pediatric health
care facility providing medical hospital emergency and
forensic services to sexual assault survivors shall issue a
voucher to any sexual assault survivor who is eligible to
receive one in accordance with Section 5.2 of this Act. The
hospital shall make a copy of the voucher and place it in the
medical record of the sexual assault survivor. The hospital
shall provide a copy of the voucher to the sexual assault
survivor after discharge upon request.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital or
approved pediatric health care facility emergency department.
(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
(410 ILCS 70/5.1 new)
Sec. 5.1. Storage, retention, and dissemination of photo
documentation relating to medical forensic services. Photo
documentation taken during a medical forensic examination

shall be maintained by the hospital or approved pediatric
health care facility as part of the patient's medical record.
Photo documentation shall be stored and backed up securely
in its original file format in accordance with facility
protocol. The facility protocol shall require limited access to
the images and be included in the sexual assault treatment plan
submitted to the Department.
Photo documentation of a sexual assault survivor under the
age of 18 shall be retained for a period of 60 years after the
sexual assault survivor reaches the age of 18. Photo
documentation of a sexual assault survivor 18 years of age or
older shall be retained for a period of 20 years after the
record was created.
Photo documentation of the sexual assault survivor's
injuries, anatomy involved in the assault, or other visible
evidence on the sexual assault survivor's body may be used for
peer review, expert second opinion, or in a criminal proceeding
against a person accused of sexual assault, a proceeding under
the Juvenile Court Act of 1987, or in an investigation under
the Abused and Neglected Child Reporting Act. Any dissemination
of photo documentation, including for peer review, an expert
second opinion, or in any court or administrative proceeding or
investigation, must be in accordance with State and federal
law.
(410 ILCS 70/5.2 new)

Sec. 5.2. Sexual assault services voucher.
(a) A sexual assault services voucher shall be issued by a
treatment hospital, treatment hospital with approved pediatric
transfer, or approved pediatric health care facility at the
time a sexual assault survivor receives medical forensic
services.
(b) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility must include in its sexual assault treatment plan
submitted to the Department in accordance with Section 2 of
this Act a protocol for issuing sexual assault services
vouchers. The protocol shall, at a minimum, include the
following:
(1) Identification of employee positions responsible
for issuing sexual assault services vouchers.
(2) Identification of employee positions with access
to the Medical Electronic Data Interchange or successor
system.
(3) A statement to be signed by each employee of an
approved pediatric health care facility with access to the
Medical Electronic Data Interchange or successor system
affirming that the Medical Electronic Data Interchange or
successor system will only be used for the purpose of
issuing sexual assault services vouchers.
(c) A sexual assault services voucher may be used to seek
payment for any ambulance services, medical forensic services,

laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
(d) Any treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, health care professional, ambulance provider,
laboratory, or pharmacy may submit a bill for services provided
to a sexual assault survivor as a result of a sexual assault to
the Department of Healthcare and Family Services Sexual Assault
Emergency Treatment Program. The bill shall include:
(1) the name and date of birth of the sexual assault
survivor;
(2) the service provided;
(3) the charge of service;
(4) the date the service was provided; and
(5) the recipient identification number, if known.
A health care professional, ambulance provider,
laboratory, or pharmacy is not required to submit a copy of the
sexual assault services voucher.
The Department of Healthcare and Family Services Sexual
Assault Emergency Treatment Program shall electronically
verify, using the Medical Electronic Data Interchange or a
successor system, that a sexual assault services voucher was
issued to a sexual assault survivor prior to issuing payment
for the services.
If a sexual assault services voucher was not issued to a
sexual assault survivor by the treatment hospital, treatment

hospital with approved pediatric transfer, or approved
pediatric health care facility, then a health care
professional, ambulance provider, laboratory, or pharmacy may
submit a request to the Department of Healthcare and Family
Services Sexual Assault Emergency Treatment Program to issue a
sexual assault services voucher.
(410 ILCS 70/5.3 new)
Sec. 5.3. Pediatric sexual assault care.
(a) The General Assembly finds:
(1) Pediatric sexual assault survivors can suffer from
a wide range of health problems across their life span. In
addition to immediate health issues, such as sexually
transmitted infections, physical injuries, and
psychological trauma, child sexual abuse victims are at
greater risk for a plethora of adverse psychological and
somatic problems into adulthood in contrast to those who
were not sexually abused.
(2) Sexual abuse against the pediatric population is
distinct, particularly due to their dependence on their
caregivers and the ability of perpetrators to manipulate
and silence them (especially when the perpetrators are
family members or other adults trusted by, or with power
over, children). Sexual abuse is often hidden by
perpetrators, unwitnessed by others, and may leave no
obvious physical signs on child victims.

(3) Pediatric sexual assault survivors throughout the
State should have access to qualified medical providers who
have received specialized training regarding the care of
pediatric sexual assault survivors within a reasonable
distance from their home.
(4) There is a need in Illinois to increase the number
of qualified medical providers available to provide
medical forensic services to pediatric sexual assault
survivors.
(b) If a medically stable pediatric sexual assault survivor
presents at a transfer hospital or treatment hospital with
approved pediatric transfer that has a plan approved by the
Department requesting medical forensic services, then the
hospital emergency department staff shall contact an approved
pediatric health care facility, if one is designated in the
hospital's plan.
If the transferring hospital confirms that medical
forensic services can be initiated within 90 minutes of the
patient's arrival at the approved pediatric health care
facility following an immediate transfer, then the hospital
emergency department staff shall notify the patient and
non-offending parent or legal guardian that the patient will be
transferred for medical forensic services and shall provide the
patient and non-offending parent or legal guardian the option
of being transferred to the approved pediatric health care
facility or the treatment hospital designated in the hospital's

plan. The pediatric sexual assault survivor may be transported
by ambulance, law enforcement, or personal vehicle.
If medical forensic services cannot be initiated within 90
minutes of the patient's arrival at the approved pediatric
health care facility, there is no approved pediatric health
care facility designated in the hospital's plan, or the patient
or non-offending parent or legal guardian chooses to be
transferred to a treatment hospital, the hospital emergency
department staff shall contact a treatment hospital designated
in the hospital's plan to arrange for the transfer of the
patient to the treatment hospital for medical forensic
services, which are to be initiated within 90 minutes of the
patient's arrival at the treatment hospital. The treatment
hospital shall provide medical forensic services and may not
transfer the patient to another facility. The pediatric sexual
assault survivor may be transported by ambulance, law
enforcement, or personal vehicle.
(c) If a medically stable pediatric sexual assault survivor
presents at a treatment hospital that has a plan approved by
the Department requesting medical forensic services, then the
hospital emergency department staff shall contact an approved
pediatric health care facility, if one is designated in the
treatment hospital's areawide treatment plan.
If medical forensic services can be initiated within 90
minutes after the patient's arrival at the approved pediatric
health care facility following an immediate transfer, the

hospital emergency department staff shall provide the patient
and non-offending parent or legal guardian the option of having
medical forensic services performed at the treatment hospital
or at the approved pediatric health care facility. If the
patient or non-offending parent or legal guardian chooses to be
transferred, the pediatric sexual assault survivor may be
transported by ambulance, law enforcement, or personal
vehicle.
If medical forensic services cannot be initiated within 90
minutes after the patient's arrival to the approved pediatric
health care facility, there is no approved pediatric health
care facility designated in the hospital's plan, or the patient
or non-offending parent or legal guardian chooses not to be
transferred, the hospital shall provide medical forensic
services to the patient.
(d) If a pediatric sexual assault survivor presents at an
approved pediatric health care facility requesting medical
forensic services or the facility is contacted by law
enforcement or the Department of Children and Family Services
requesting medical forensic services for a pediatric sexual
assault survivor, the services shall be provided at the
facility if the medical forensic services can be initiated
within 90 minutes after the patient's arrival at the facility.
If medical forensic services cannot be initiated within 90
minutes after the patient's arrival at the facility, then the
patient shall be transferred to a treatment hospital designated

in the approved pediatric health care facility's plan for
medical forensic services. The pediatric sexual assault
survivor may be transported by ambulance, law enforcement, or
personal vehicle.
(410 ILCS 70/5.4 new)
Sec. 5.4. Out-of-state hospitals.
(a) Nothing in this Section shall prohibit the transfer of
a patient in need of medical services from a hospital that has
been designated as a trauma center by the Department in
accordance with Section 3.90 of the Emergency Medical Services
(EMS) Systems Act.
(b) A transfer hospital, treatment hospital with approved
pediatric transfer, or approved pediatric health care facility
may transfer a sexual assault survivor to an out-of-state
hospital that has been designated as a trauma center by the
Department under Section 3.90 of the Emergency Medical Services
(EMS) Systems Act if the out-of-state hospital: (1) submits an
areawide treatment plan approved by the Department; and (2) has
certified the following to the Department in a form and manner
prescribed by the Department that the out-of-state hospital
will:
(i) consent to the jurisdiction of the Department in
accordance with Section 2.06 of this Act;
(ii) comply with all requirements of this Act
applicable to treatment hospitals, including, but not

limited to, offering evidence collection to any Illinois
sexual assault survivor who presents with a complaint of
sexual assault within a minimum of the last 7 days or who
has disclosed past sexual assault by a specific individual
and was in the care of that individual within a minimum of
the last 7 days and not billing the sexual assault survivor
for medical forensic services or 90 days of follow-up
healthcare;
(iii) use an Illinois State Police Sexual Assault
Evidence Collection Kit to collect forensic evidence from
an Illinois sexual assault survivor;
(iv) ensure its staff cooperates with Illinois law
enforcement agencies and are responsive to subpoenas
issued by Illinois courts; and
(v) provide appropriate transportation upon the
completion of medical forensic services back to the
transfer hospital or treatment hospital with pediatric
transfer where the sexual assault survivor initially
presented seeking medical forensic services, unless the
sexual assault survivor chooses to arrange his or her own
transportation.
(c) Subsection (b) of this Section is inoperative on and
after January 1, 2024.
(410 ILCS 70/5.5)
Sec. 5.5. Minimum reimbursement requirements for follow-up

healthcare.
(a) Every hospital, pediatric health care facility, health
care professional, laboratory, or pharmacy that provides
follow-up healthcare to a sexual assault survivor, with the
consent of the sexual assault survivor and as ordered by the
attending physician, an advanced practice registered nurse, or
physician assistant shall be reimbursed for the follow-up
healthcare services provided. Follow-up healthcare services
include, but are not limited to, the following:
(1) a physical examination;
(2) laboratory tests to determine the presence or
absence of sexually transmitted infection disease; and
(3) appropriate medications, including HIV
prophylaxis, in accordance with the Centers for Disease
Control and Prevention's guidelines.
(b) Reimbursable follow-up healthcare is limited to office
visits with a physician, advanced practice registered nurse, or
physician assistant within 90 days after an initial visit for
hospital medical forensic emergency services.
(c) Nothing in this Section requires a hospital, pediatric
health care facility, health care professional, laboratory, or
pharmacy to provide follow-up healthcare to a sexual assault
survivor.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
(410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)

Sec. 6.1. Minimum standards. The Department shall
prescribe minimum standards, rules, and regulations necessary
to implement this Act and the changes made by this amendatory
Act of the 100th General Assembly, which shall apply to every
hospital required to be licensed by the Department that
provides general medical and surgical hospital services and to
every approved pediatric health care facility. Such standards
shall include, but not be limited to, a uniform system for
recording results of medical examinations and all diagnostic
tests performed in connection therewith to determine the
condition and necessary treatment of sexual assault survivors,
which results shall be preserved in a confidential manner as
part of the hospital's or approved pediatric health care
facility's hospital record of the sexual assault survivor.
(Source: P.A. 95-432, eff. 1-1-08.)
(410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)
Sec. 6.2. Assistance and grants. The Department shall
assist in the development and operation of programs which
provide medical hospital emergency services and forensic
services to sexual assault survivors, and, where necessary, to
provide grants to hospitals and approved pediatric health care
facilities for this purpose.
(Source: P.A. 95-432, eff. 1-1-08.)
(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)

Sec. 6.4. Sexual assault evidence collection program.
(a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be administered
by the Illinois State Police. The program shall consist of the
following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois State
Police to hospitals and approved pediatric health care
facilities that request them, or arranging for such
distribution by the manufacturer of the kits, (2) collection of
the kits from hospitals and approved pediatric health care
facilities after the kits have been used to collect evidence,
(3) analysis of the collected evidence and conducting of
laboratory tests, (4) maintaining the chain of custody and
safekeeping of the evidence for use in a legal proceeding, and
(5) the comparison of the collected evidence with the genetic
marker grouping analysis information maintained by the
Department of State Police under Section 5-4-3 of the Unified
Code of Corrections and with the information contained in the
Federal Bureau of Investigation's National DNA database;
provided the amount and quality of genetic marker grouping
results obtained from the evidence in the sexual assault case
meets the requirements of both the Department of State Police
and the Federal Bureau of Investigation's Combined DNA Index
System (CODIS) policies. The standardized evidence collection
kit for the State of Illinois shall be the Illinois State

Police Sexual Assault Evidence Kit and shall include a written
consent form authorizing law enforcement to test the sexual
assault evidence and to provide law enforcement with details of
the sexual assault.
(a-5) (Blank).
(b) The Illinois State Police shall administer a program to
train hospitals and hospital and approved pediatric health care
facility personnel participating in the sexual assault
evidence collection program, in the correct use and application
of the sexual assault evidence collection kits. A sexual
assault nurse examiner may conduct examinations using the
sexual assault evidence collection kits, without the presence
or participation of a physician. The Department shall cooperate
with the Illinois State Police in this program as it pertains
to medical aspects of the evidence collection.
(c) (Blank). In this Section, "sexual assault nurse
examiner" means a registered nurse who has completed a sexual
assault nurse examiner (SANE) training program that meets the
Forensic Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses.
(Source: P.A. 99-801, eff. 1-1-17.)
(410 ILCS 70/6.5)
Sec. 6.5. Written consent to the release of sexual assault
evidence for testing.

(a) Upon the completion of medical hospital emergency
services and forensic services, the health care professional
providing the medical forensic services shall provide the
patient the opportunity to sign a written consent to allow law
enforcement to submit the sexual assault evidence for testing,
if collected. The written consent shall be on a form included
in the sexual assault evidence collection kit and posted on the
Illinois State Police website. The consent form shall include
whether the survivor consents to the release of information
about the sexual assault to law enforcement.
(1) A survivor 13 years of age or older may sign the
written consent to release the evidence for testing.
(2) If the survivor is a minor who is under 13 years of
age, the written consent to release the sexual assault
evidence for testing may be signed by the parent, guardian,
investigating law enforcement officer, or Department of
Children and Family Services.
(3) If the survivor is an adult who has a guardian of
the person, a health care surrogate, or an agent acting
under a health care power of attorney, the consent of the
guardian, surrogate, or agent is not required to release
evidence and information concerning the sexual assault or
sexual abuse. If the adult is unable to provide consent for
the release of evidence and information and a guardian,
surrogate, or agent under a health care power of attorney
is unavailable or unwilling to release the information,

then an investigating law enforcement officer may
authorize the release.
(4) Any health care professional or , including any
physician, advanced practice registered nurse, physician
assistant, or nurse, sexual assault nurse examiner, and any
health care institution, including any hospital or
approved pediatric health care facility, who provides
evidence or information to a law enforcement officer under
a written consent as specified in this Section is immune
from any civil or professional liability that might arise
from those actions, with the exception of willful or wanton
misconduct. The immunity provision applies only if all of
the requirements of this Section are met.
(b) The hospital or approved pediatric health care facility
shall keep a copy of a signed or unsigned written consent form
in the patient's medical record.
(c) If a written consent to allow law enforcement to hold
test the sexual assault evidence is not signed at the
completion of medical hospital emergency services and forensic
services, the hospital or approved pediatric health care
facility shall include the following information in its
discharge instructions:
(1) the sexual assault evidence will be stored for 5
years from the completion of an Illinois State Police
Sexual Assault Evidence Collection Kit, or 5 years from the
age of 18 years, whichever is longer;

(2) a person authorized to consent to the testing of
the sexual assault evidence may sign a written consent to
allow law enforcement to test the sexual assault evidence
at any time during that 5-year period for an adult victim,
or until a minor victim turns 23 years of age by (A)
contacting the law enforcement agency having jurisdiction,
or if unknown, the law enforcement agency contacted by the
hospital or approved pediatric health care facility under
Section 3.2 of the Criminal Identification Act; or (B) by
working with an advocate at a rape crisis center;
(3) the name, address, and phone number of the law
enforcement agency having jurisdiction, or if unknown the
name, address, and phone number of the law enforcement
agency contacted by the hospital or approved pediatric
health care facility under Section 3.2 of the Criminal
Identification Act; and
(4) the name and phone number of a local rape crisis
center.
(Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18.)
(410 ILCS 70/6.6)
Sec. 6.6. Submission of sexual assault evidence.
(a) As soon as practicable, but in no event more than 4
hours after the completion of medical hospital emergency
services and forensic services, the hospital or approved
pediatric health care facility shall make reasonable efforts to

determine the law enforcement agency having jurisdiction where
the sexual assault occurred, if sexual assault evidence was
collected. The hospital or approved pediatric health care
facility may obtain the name of the law enforcement agency with
jurisdiction from the local law enforcement agency.
(b) Within 4 hours after the completion of medical hospital
emergency services and forensic services, the hospital or
approved pediatric health care facility shall notify the law
enforcement agency having jurisdiction that the hospital or
approved pediatric health care facility is in possession of
sexual assault evidence and the date and time the collection of
evidence was completed. The hospital or approved pediatric
health care facility shall document the notification in the
patient's medical records and shall include the agency
notified, the date and time of the notification and the name of
the person who received the notification. This notification to
the law enforcement agency having jurisdiction satisfies the
hospital's or approved pediatric health care facility's
requirement to contact its local law enforcement agency under
Section 3.2 of the Criminal Identification Act.
(c) If the law enforcement agency having jurisdiction has
not taken physical custody of sexual assault evidence within 5
days of the first contact by the hospital or approved pediatric
health care facility, the hospital or approved pediatric health
care facility shall renotify the law enforcement agency having
jurisdiction that the hospital or approved pediatric health

care facility is in possession of sexual assault evidence and
the date the sexual assault evidence was collected. The
hospital or approved pediatric health care facility shall
document the renotification in the patient's medical records
and shall include the agency notified, the date and time of the
notification and the name of the person who received the
notification.
(d) If the law enforcement agency having jurisdiction has
not taken physical custody of the sexual assault evidence
within 10 days of the first contact by the hospital or approved
pediatric health care facility and the hospital or approved
pediatric health care facility has provided renotification
under subsection (c) of this Section, the hospital or approved
pediatric health care facility shall contact the State's
Attorney of the county where the law enforcement agency having
jurisdiction is located. The hospital or approved pediatric
health care facility shall inform the State's Attorney that the
hospital or approved pediatric health care facility is in
possession of sexual assault evidence, the date the sexual
assault evidence was collected, the law enforcement agency
having jurisdiction, the dates, times and names of persons
notified under subsections (b) and (c) of this Section. The
notification shall be made within 14 days of the collection of
the sexual assault evidence.
(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)

(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
Sec. 7. Reimbursement.
(a) A hospital, approved pediatric health care facility, or
health care professional furnishing medical hospital emergency
services or forensic services, an ambulance provider
furnishing transportation to a sexual assault survivor, a
hospital, health care professional, or laboratory providing
follow-up healthcare, or a pharmacy dispensing prescribed
medications to any sexual assault survivor shall furnish such
services or medications to that person without charge and shall
seek payment as follows:
(1) If a sexual assault survivor is eligible to receive
benefits under the medical assistance program under
Article V of the Illinois Public Aid Code, the ambulance
provider, hospital, approved pediatric health care
facility, health care professional, laboratory, or
pharmacy must submit the bill to the Department of
Healthcare and Family Services or the appropriate Medicaid
managed care organization and accept the amount paid as
full payment.
(2) If a sexual assault survivor is covered by one or
more policies of health insurance or is a beneficiary under
a public or private health coverage program, the ambulance
provider, hospital, approved pediatric health care
facility, health care professional, laboratory, or
pharmacy shall bill the insurance company or program. With

respect to such insured patients, applicable deductible,
co-pay, co-insurance, denial of claim, or any other
out-of-pocket insurance-related expense may be submitted
to the Illinois Sexual Assault Emergency Treatment Program
of the Department of Healthcare and Family Services in
accordance with 89 Ill. Adm. Code 148.510 for payment at
the Department of Healthcare and Family Services'
allowable rates under the Illinois Public Aid Code. The
ambulance provider, hospital, approved pediatric health
care facility, health care professional, laboratory, or
pharmacy shall accept the amounts paid by the insurance
company or health coverage program and the Illinois Sexual
Assault Treatment Program as full payment.
(3) If a sexual assault survivor is neither eligible to
receive benefits under the medical assistance program
under Article V of the Public Aid Code nor covered by a
policy of insurance or a public or private health coverage
program, the ambulance provider, hospital, approved
pediatric health care facility, health care professional,
laboratory, or pharmacy shall submit the request for
reimbursement to the Illinois Sexual Assault Emergency
Treatment Program under the Department of Healthcare and
Family Services in accordance with 89 Ill. Adm. Code
148.510 at the Department of Healthcare and Family
Services' allowable rates under the Illinois Public Aid
Code.

(4) If a sexual assault survivor presents a sexual
assault services voucher for follow-up healthcare, the
healthcare professional, pediatric health care facility,
or laboratory that provides follow-up healthcare or the
pharmacy that dispenses prescribed medications to a sexual
assault survivor shall submit the request for
reimbursement for follow-up healthcare, pediatric health
care facility, laboratory, or pharmacy services to the
Illinois Sexual Assault Emergency Treatment Program under
the Department of Healthcare and Family Services in
accordance with 89 Ill. Adm. Code 148.510 at the Department
of Healthcare and Family Services' allowable rates under
the Illinois Public Aid Code. Nothing in this subsection
(a) precludes hospitals or approved pediatric health care
facilities from providing follow-up healthcare and
receiving reimbursement under this Section.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) (Blank).
(d) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Act or the Illinois
Public Aid Code to reduce any rate of reimbursement for
services or other payments in accordance with Section 5-5e of

the Illinois Public Aid Code.
(e) The Department of Healthcare and Family Services shall
establish standards, rules, and regulations to implement this
Section.
(Source: P.A. 98-463, eff. 8-16-13; 99-454, eff. 1-1-16.)
(410 ILCS 70/7.5)
Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing
protocols.
(a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical hospital emergency services,
forensic services, transportation, follow-up healthcare, or
medication to a sexual assault survivor shall not:
(1) charge or submit a bill for any portion of the
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an
insurer, spenddown, or any other out-of-pocket expense;
(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but
not limited to, repeatedly calling or writing to the sexual
assault survivor and threatening to refer the matter to a
debt collection agency or to an attorney for collection,
enforcement, or filing of other process;

(3) refer a bill to a collection agency or attorney for
collection action against the sexual assault survivor;
(4) contact or distribute information to affect the
sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual assault
survivor or his or her family on account of providing
services to the sexual assault survivor.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) Every Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every hospital and
approved pediatric health care facility providing treatment
services to sexual assault survivors in accordance with a plan
approved under Section 2 of this Act shall provide a written
notice to a sexual assault survivor. The written notice must
include, but is not limited to, the following:
(1) a statement that the sexual assault survivor should
not be directly billed by any ambulance provider providing
transportation services, or by any hospital, approved
pediatric health care facility, health care professional,
laboratory, or pharmacy for the services the sexual assault
survivor received as an outpatient at the hospital or
approved pediatric health care facility;
(2) a statement that a sexual assault survivor who is

admitted to a hospital may be billed for inpatient services
provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the hospital or
approved pediatric health care facility emergency
department of the treating facility, the hospital or
approved pediatric health care facility hospital will give
the sexual assault survivor a sexual assault services
voucher for follow-up healthcare if the sexual assault
survivor is eligible to receive a sexual assault services
voucher;
(4) the definition of "follow-up healthcare" as set
forth in Section 1a of this Act;
(5) a phone number the sexual assault survivor may call
should the sexual assault survivor receive a bill from the
hospital or approved pediatric health care facility for
medical hospital emergency services and forensic services;
(6) the toll-free phone number of the Office of the
Illinois Attorney General, Crime Victim Services Division,
which the sexual assault survivor may call should the
sexual assault survivor receive a bill from an ambulance
provider, approved pediatric health care facility, a
health care professional, a laboratory, or a pharmacy.
This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.

(d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical
hospital emergency services or forensic services must develop a
billing protocol that ensures that no survivor of sexual
assault will be sent a bill for any medical hospital emergency
services or forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the
Attorney General for approval. Within 60 days after the
commencement of the provision of medical forensic services,
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval. Health care
professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and

any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the
Attorney General for approval.
The billing protocol must include at a minimum:
(1) a description of training for persons who prepare
bills for medical hospital emergency services and forensic
services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;
(3) prohibitions on submitting any bill for any portion
of medical hospital emergency services or forensic
services provided to a survivor of sexual assault to a
collection agency;
(4) prohibitions on taking any action that would
adversely affect the credit of the survivor of sexual
assault;
(5) the termination of all collection activities if the
protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any
credit reporting agency.
The Crime Victim Services Division of the Office of the

Attorney General may provide a sample acceptable billing
protocol upon request.
The Office of the Attorney General shall approve a proposed
protocol if it finds that the implementation of the protocol
would result in no survivor of sexual assault being billed or
sent a bill for medical hospital emergency services or forensic
services.
If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of a
survivor of sexual assault for medical hospital emergency
services or forensic services, the Office of the Attorney
General shall provide the health care professional or approved
pediatric health care facility with a written statement of the
deficiencies in the protocol. The health care professional or
approved pediatric health care facility shall have 30 days to
submit a revised billing protocol addressing the deficiencies
to the Office of the Attorney General. The health care
professional or approved pediatric health care facility shall
implement the protocol upon approval by the Crime Victim
Services Division of the Office of the Attorney General.
The health care professional or approved pediatric health
care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Crime
Victim Services Division of the Office of the Attorney General
for approval. The health care professional or approved
pediatric health care facility shall implement the revised or

modified billing protocol upon approval by the Crime Victim
Services Division of the Office of the Illinois Attorney
General.
(Source: P.A. 99-454, eff. 1-1-16.)
(410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)
Sec. 8. Penalties.
(a) Any hospital or approved pediatric health care facility
violating any provisions of this Act other than Section 7.5
shall be guilty of a petty offense for each violation, and any
fine imposed shall be paid into the general corporate funds of
the city, incorporated town or village in which the hospital or
approved pediatric health care facility is located, or of the
county, in case such hospital is outside the limits of any
incorporated municipality.
(b) The Attorney General may seek the assessment of one or
more of the following civil monetary penalties in any action
filed under this Act where the hospital, approved pediatric
health care facility, health care professional, ambulance
provider, laboratory, or pharmacy knowingly violates Section
7.5 of the Act:
(1) For willful violations of paragraphs (1), (2), (4),
or (5) of subsection (a) of Section 7.5 or subsection (c)
of Section 7.5, the civil monetary penalty shall not exceed
$500 per violation.
(2) For violations of paragraphs (1), (2), (4), or (5)

of subsection (a) of Section 7.5 or subsection (c) of
Section 7.5 involving a pattern or practice, the civil
monetary penalty shall not exceed $500 per violation.
(3) For violations of paragraph (3) of subsection (a)
of Section 7.5, the civil monetary penalty shall not exceed
$500 for each day the bill is with a collection agency.
(4) For violations involving the failure to submit
billing protocols within the time period required under
subsection (d) of Section 7.5, the civil monetary penalty
shall not exceed $100 per day until the health care
professional or approved pediatric health care facility
complies with subsection (d) of Section 7.5.
All civil monetary penalties shall be deposited into the
Violent Crime Victims Assistance Fund.
(Source: P.A. 99-454, eff. 1-1-16.)
(410 ILCS 70/9) (from Ch. 111 1/2, par. 87-9)
Sec. 9. Nothing in this Act shall be construed to require a
hospital or an approved pediatric health care facility to
provide any services which relate to an abortion.
(Source: P.A. 79-564.)
(410 ILCS 70/9.5 new)
Sec. 9.5. Sexual Assault Medical Forensic Services
Implementation Task Force.
(a) The Sexual Assault Medical Forensic Services

Implementation Task Force is created to assist hospitals and
approved pediatric health care facilities with the
implementation of the changes made by this amendatory Act of
the l00th General Assembly. The Task Force shall consist of the
following members, who shall serve without compensation:
(1) one member of the Senate appointed by the President
of the Senate, who may designate an alternate member;
(2) one member of the Senate appointed by the Minority
Leader of the Senate, who may designate an alternate
member;
(3) one member of the House of Representatives
appointed by the Speaker of the House of Representatives,
who may designate an alternate member;
(4) one member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives, who may designate an alternate member;
(5) two members representing the Office of the Attorney
General appointed by the Attorney General, one of whom
shall be the Sexual Assault Nurse Examiner Coordinator for
the State of Illinois;
(6) one member representing the Department of Public
Health appointed by the Director of Public Health;
(7) one member representing the Department of State
Police appointed by the Director of State Police;
(8) one member representing the Department of
Healthcare and Family Services appointed by the Director of

Healthcare and Family Services;
(9) six members representing hospitals appointed by
the head of a statewide organization representing the
interests of hospitals in Illinois, at least one of whom
shall represent small and rural hospitals and at least one
of these members shall represent urban hospitals;
(10) one member representing physicians appointed by
the head of a statewide organization representing the
interests of physicians in Illinois;
(11) one member representing emergency physicians
appointed by the head of a statewide organization
representing the interests of emergency physicians in
Illinois;
(12) two members representing child abuse
pediatricians appointed by the head of a statewide
organization representing the interests of child abuse
pediatricians in Illinois, at least one of whom shall
represent child abuse pediatricians providing medical
forensic services in rural locations and at least one of
whom shall represent child abuse pediatricians providing
medical forensic services in urban locations;
(13) one member representing nurses appointed by the
head of a statewide organization representing the
interests of nurses in Illinois;
(14) two members representing sexual assault nurse
examiners appointed by the head of a statewide organization

representing the interests of forensic nurses in Illinois,
at least one of whom shall represent pediatric/adolescent
sexual assault nurse examiners and at least one of these
members shall represent adult/adolescent sexual assault
nurse examiners;
(15) one member representing State's Attorneys
appointed by the head of a statewide organization
representing the interests of State's Attorneys in
Illinois;
(16) three members representing sexual assault
survivors appointed by the head of a statewide organization
representing the interests of sexual assault survivors and
rape crisis centers, at least one of whom shall represent
rural rape crisis centers and at least one of whom shall
represent urban rape crisis centers; and
(17) one member representing children's advocacy
centers appointed by the head of a statewide organization
representing the interests of children's advocacy centers
in Illinois.
The members representing the Office of the Attorney General
and the Department of Public Health shall serve as
co-chairpersons of the Task Force. The Office of the Attorney
General shall provide administrative and other support to the
Task Force.
(b) The first meeting of the Task Force shall be called by
the co-chairpersons no later than 90 days after the effective

date of this Section.
(c) The goals of the Task Force shall include, but not be
limited to, the following:
(1) to facilitate the development of areawide
treatment plans among hospitals and pediatric health care
facilities;
(2) to facilitate the development of on-call systems of
qualified medical providers and assist hospitals with the
development of plans to employ or contract with a qualified
medical provider to initiate medical forensic services to a
sexual assault survivor within 90 minutes of the patient
presenting to the hospital as required in subsection (a-7)
of Section 5;
(3) to identify photography and storage options for
hospitals to comply with the photo documentation
requirements in Sections 5 and 5.1;
(4) to develop a model written agreement for use by
rape crisis centers, hospitals, and approved pediatric
health care facilities with sexual assault treatment plans
to comply with subsection (c) of Section 2;
(5) to develop and distribute educational information
regarding the implementation of this Act to hospitals,
health care providers, rape crisis centers, children's
advocacy centers, State's Attorney's offices;
(6) to examine the role of telemedicine in the
provision of medical forensic services under this Act and

to develop recommendations for statutory change and
standards and procedures for the use of telemedicine to be
adopted by the Department;
(7) to seek inclusion of the International Association
of Forensic Nurses Sexual Assault Nurse Examiner Education
Guidelines for nurses within the registered nurse training
curriculum in Illinois nursing programs and the American
College of Emergency Physicians Management of the Patient
with the Complaint of Sexual Assault for emergency
physicians within the Illinois residency training
curriculum for emergency physicians; and
(8) to submit a report to the General Assembly by
January 1, 2023 regarding the status of implementation of
this amendatory Act of the 100th General Assembly,
including, but not limited to, the impact of transfers to
out-of-state hospitals on sexual assault survivors and the
availability of treatment hospitals in Illinois; the
report to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of
the Senate in electronic form only, in the manner that the
Clerk and the Secretary shall direct.
(d) This Section is repealed on January 1, 2024.
(410 ILCS 70/10 new)
Sec. 10. Sexual Assault Nurse Examiner Program.
(a) The Sexual Assault Nurse Examiner Program is

established within the Office of the Attorney General. The
Sexual Assault Nurse Examiner Program shall maintain a list of
sexual assault nurse examiners who have completed didactic and
clinical training requirements consistent with the Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses.
(b) By March 1, 2019, the Sexual Assault Nurse Examiner
Program shall develop and make available to hospitals 2 hours
of online sexual assault training for emergency department
clinical staff to meet the training requirement established in
subsection (a) of Section 2. Notwithstanding any other law
regarding ongoing licensure requirements, such training shall
count toward the continuing medical education and continuing
nursing education credits for physicians, physician
assistants, advanced practice registered nurses, and
registered professional nurses.
The Sexual Assault Nurse Examiner Program shall provide
didactic and clinical training opportunities consistent with
the Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses, in sufficient numbers and geographical locations
across the State, to assist hospitals with training the
necessary number of sexual assault nurse examiners to comply
with the requirement of this Act to employ or contract with a
qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the

patient presenting to the hospital as required in subsection
(a-7) of Section 5.
The Sexual Assault Nurse Examiner Program shall assist
hospitals in establishing trainings to achieve the
requirements of this Act.
For the purpose of providing continuing medical education
credit in accordance with the Medical Practice Act of 1987 and
administrative rules adopted under the Medical Practice Act of
1987 and continuing education credit in accordance with the
Nurse Practice Act and administrative rules adopted under the
Nurse Practice Act to health care professionals for the
completion of sexual assault training provided by the Sexual
Assault Nurse Examiner Program under this Act, the Office of
the Attorney General shall be considered a State agency.
(c) The Sexual Assault Nurse Examiner Program, in
consultation with qualified medical providers, shall create
uniform materials that all treatment hospitals, treatment
hospitals with approved pediatric transfer, and approved
pediatric health care facilities are required to give patients
and non-offending parents or legal guardians, if applicable,
regarding the medical forensic exam procedure, laws regarding
consenting to medical forensic services, and the benefits and
risks of evidence collection, including recommended time
frames for evidence collection pursuant to evidence-based
research. These materials shall be made available to all
hospitals and approved pediatric health care facilities on the

Office of the Attorney General's website.
Section 99. Effective date. This Act takes effect January
1, 2019, except that this Section and the provisions adding
Section 9.5 to the Sexual Assault Survivors Emergency Treatment
Act take effect upon becoming law.