Illinois Chapter 410 Public Health

410 ILCS 70/      Sexual Assault Survivors Emergency Treatment Act.
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    (410 ILCS 70/1) (from Ch. 111 1/2, par. 87‑1)
    Sec. 1. Short Title. This Act shall be known and may be cited as the "Sexual Assault Survivors Emergency Treatment Act".
(Source: P.A. 85‑577.)

    (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87‑1a)
    Sec. 1a. Sexual assault means an act of forced sexual penetration or sexual conduct, as defined in Section 12‑12 of the Criminal Code, including acts prohibited under Sections 12‑13 through 12‑16 of the Criminal Code of 1961, as amended.
(Source: P.A. 85‑577.)

    (410 ILCS 70/2) (from Ch. 111 1/2, par. 87‑2)
    Sec. 2. Hospitals to furnish emergency service. Every hospital required to be licensed by the Department of Public Health pursuant to the Hospital Licensing Act, approved July 1, 1953, as now or hereafter amended, which provides general medical and surgical hospital services shall provide emergency hospital service, in accordance with rules and regulations adopted by the Department of Public Health, to all alleged sexual assault survivors who apply for such hospital emergency services in relation to injuries or trauma resulting from the sexual assault.
    In addition every such hospital, regardless of whether or not a request is made for reimbursement, except hospitals participating in community or area wide plans in compliance with Section 4 of this Act, shall submit to the Department of Public Health a plan to provide hospital emergency services to alleged sexual assault survivors which shall be made available by such hospital. Such plan shall be submitted within 60 days of receipt of the Department's request for this plan, to the Department of Public Health for approval prior to such plan becoming effective. The Department of Public Health shall approve such plan for emergency service to alleged sexual assault survivors if it finds that the implementation of the proposed plan would provide adequate hospital emergency service for alleged sexual assault survivors and provide sufficient protections from the risk of pregnancy by sexual assault survivors.
    The Department of Public Health shall periodically conduct on site reviews of such approved plans with hospital personnel to insure that the established procedures are being followed.
    On January 1, 2007 and each January 1 thereafter, the Department shall submit a report to the General Assembly containing information on the hospitals in this State that have submitted a plan to provide hospital emergency services to sexual assault survivors. The Department shall post on its Internet website the report required in this Section. The report shall include all of the following:
        (1) A list of all hospitals that have submitted a
    
plan.
        (2) A list of hospitals whose plans have been found
    
by the Department to be in compliance with this Act.
        (3) A list of hospitals that have failed to submit an
    
acceptable Plan of Correction within the time required by Section 2.1 of this Act.
        (4) A list of hospitals at which the periodic site
    
review required by this Act has been conducted.
When a hospital listed as noncompliant under item (3) of this Section submits and implements the required Plan of Correction, the Department shall immediately update the report on its Internet website to reflect that hospital's compliance.
(Source: P.A. 94‑762, eff. 5‑12‑06.)

    (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87‑2.1)
    Sec. 2.1. Plans of correction ‑ Penalties for failure to implement such plans. If the Department of Public Health surveyor determines that the hospital is not in compliance with its approved plan, the surveyor shall provide the hospital with a written list of the specific items of noncompliance within 2 weeks of the conclusion of the on site review. The hospital shall have 14 working days to submit to the Department of Public Health a plan of correction which contains the hospital's specific proposals for correcting the items of noncompliance. The Department of Public Health shall review the plan of correction and notify the hospital in writing as to whether the plan is acceptable or nonacceptable.
    If the Department of Public Health finds the Plan of Correction nonacceptable, the hospital shall have 7 working days to resubmit an acceptable Plan of Correction. Upon notification that its Plan of Correction is acceptable, a hospital shall implement the Plan of Correction within 60 days.
    The failure to submit an acceptable Plan of Correction or to implement the Plan of Correction, within the time frames required in this Section, will subject a hospital to the imposition of a fine by the Department of Public Health. The Department of Public Health may impose a fine of up to $500 per day until a hospital complies with the requirements of this Section.
    Before imposing a fine pursuant to this Section, the Department of Public Health shall provide the hospital via certified mail with written notice and an opportunity for an administrative hearing. Such hearing must be requested within 10 working days of receipt of the Department of Public Health's Notice. All hearings shall be conducted in accordance with the Department of Public Health's rules in administrative hearings.
(Source: P.A. 94‑762, eff. 5‑12‑06.)

    (410 ILCS 70/2.2)
    Sec. 2.2. Emergency contraception.
    (a) The General Assembly finds:
        (1) Crimes of sexual violence cause significant
    
physical, emotional, and psychological trauma to the victims. This trauma is compounded by a victim's fear of becoming pregnant and bearing a child as a result of the sexual assault.
        (2) Each year over 32,000 women become pregnant in
    
the United States as the result of rape and approximately 50% of these pregnancies end in abortion.
        (3) As approved for use by the Federal Food and Drug
    
Administration (FDA), emergency contraception can significantly reduce the risk of pregnancy if taken within 72 hours after the sexual assault.
        (4) By providing emergency contraception to rape
    
victims in a timely manner, the trauma of rape can be significantly reduced.
    (b) Within 120 days after the effective date of this amendatory Act of the 92nd General Assembly, every hospital providing services to alleged sexual assault survivors in accordance with a plan approved under Section 2 must develop a protocol that ensures that each survivor of sexual assault will receive medically and factually accurate and written and oral information about emergency contraception; the indications and counter‑indications and risks associated with the use of emergency contraception; and a description of how and when victims may be provided emergency contraception upon the written order of a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes prescription of emergency contraception, or a physician assistant who has been delegated authority to prescribe emergency contraception. The Department shall approve the protocol if it finds that the implementation of the protocol would provide sufficient protection for survivors of an alleged sexual assault.
    The hospital shall implement the protocol upon approval by the Department. The Department shall adopt rules and regulations establishing one or more safe harbor protocols and setting minimum acceptable protocol standards that hospitals may develop and implement. The Department shall approve any protocol that meets those standards. The Department may provide a sample acceptable protocol upon request.
(Source: P.A. 92‑156, eff. 1‑1‑02; 93‑962, eff. 8‑20‑04.)

    (410 ILCS 70/3) (from Ch. 111 1/2, par. 87‑3)
    Sec. 3. Community or areawide plan for emergency services to sexual assault survivors. A hospital is authorized to participate, in conjunction with one or more other hospitals or health care facilities, in a community or areawide plan for the furnishing of hospital emergency service to alleged sexual assault survivors on a community or areawide basis provided each hospital participating in such a plan shall furnish such hospital emergency services as it is designated to provide in the plan agreed upon by the participating hospitals to any alleged sexual assault survivor who applies for such hospital emergency services in relation to injuries or trauma resulting from the sexual assault.
(Source: P.A. 85‑577.)

    (410 ILCS 70/4) (from Ch. 111 1/2, par. 87‑4)
    Sec. 4. Community or area wide plans; submission to Department of Public Health. Community or areawide plans may be developed by the hospitals or other health care facilities in the community or area to be served, and shall provide for the hospital emergency services to alleged sexual assault survivors which shall be made available by each of the participating hospitals. All such plans shall be submitted to the Department of Public Health for approval prior to such plan becoming effective. The Department of Public Health shall approve such plan for community or areawide hospital emergency service to alleged sexual assault survivors if it finds that the implementation of the proposed plan would provide an adequate hospital emergency service for the people of the community or area to be served.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑587, eff. 7‑1‑98.)

    (410 ILCS 70/5) (from Ch. 111 1/2, par. 87‑5)
    Sec. 5. Minimum requirements for hospitals providing emergency service to sexual assault survivors.
    (a) Every hospital providing emergency hospital services to an alleged sexual assault survivor under this Act shall, as minimum requirements for such services, provide, with the consent of the alleged sexual assault survivor, and as ordered by the attending physician, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes provision of emergency services, or a physician assistant who has been delegated authority to provide emergency services, the following:
        (1) appropriate medical examinations and laboratory
    
tests required to ensure the health, safety, and welfare of an alleged sexual assault survivor or which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, or both; and records of the results of such examinations and tests shall be maintained by the hospital and made available to law enforcement officials upon the request of the alleged sexual assault survivor;
        (2) appropriate oral and written information
    
concerning the possibility of infection, sexually transmitted disease and pregnancy resulting from sexual assault;
        (3) appropriate oral and written information
    
concerning accepted medical procedures, medication, and possible contraindications of such medication available for the prevention or treatment of infection or disease resulting from sexual assault;
        (4) such medication as is deemed appropriate by the
    
attending physician, an advanced practice nurse, or a physician assistant, including HIV prophylaxis;
        (5) a blood test to determine the presence or
    
absence of sexually transmitted disease;
        (6) written and oral instructions indicating the
    
need for a second blood test 6 weeks after the sexual assault to determine the presence or absence of sexually transmitted disease; and
        (7) appropriate counseling as determined by the
    
hospital, by trained personnel designated by the hospital.
    (b) Any minor who is an alleged survivor of sexual assault who seeks emergency services under this Act shall be provided such services without the consent of the parent, guardian or custodian of the minor.
(Source: P.A. 93‑962, eff. 8‑20‑04; 94‑434, eff. 1‑1‑06.)

    (410 ILCS 70/6) (from Ch. 111 1/2, par. 87‑6)
    Sec. 6. Powers and duties of Departments of Public Health and Public Aid.
    (a) The Department of Public Health shall have the duties and responsibilities required by Sections 2, 6.1, 6.2, and 6.4.
    (b) The Department of Public Aid shall have the duties and responsibilities required by Sections 6.3 and 7.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑587, eff. 7‑1‑98.)

    (410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87‑6.1)
    Sec. 6.1. To prescribe minimum standards, rules and regulations necessary to implement this Act, which shall apply to every hospital required to be licensed by the Department of Public Health. Such standards shall include, but not be limited to, a uniform system for recording results of medical examinations and all diagnostic tests performed in connection therewith to determine the condition and necessary treatment of alleged sexual assault survivors, which results shall be preserved in a confidential manner as part of the hospital record of the patient.
(Source: P.A. 89‑507, eff. 7‑1‑97.)

    (410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87‑6.2)
    Sec. 6.2. To assist in the development and operation of programs which provide emergency services to alleged sexual assault survivors, and, where necessary, to provide grants to hospitals for this purpose.
(Source: P.A. 85‑577.)

    (410 ILCS 70/6.3) (from Ch. 111 1/2, par. 87‑6.3)
    Sec. 6.3. To establish standards, rules and regulations, for the reimbursement to hospitals and ambulance providers of billed charges of providing services to alleged sexual assault survivors, pursuant to Section 7 of this Act.
(Source: P.A. 85‑577.)

    (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87‑6.4)
    (Text of Section from P.A. 93‑781)
    Sec. 6.4. Sexual assault evidence collection program.
    (a) There is created a statewide sexual assault evidence collection program to facilitate the prosecution of persons accused of sexual assault. This program shall be administered by the Illinois State Police. The program shall consist of the following: (1) distribution of sexual assault evidence collection kits which have been approved by the Illinois State Police to hospitals that request them, or arranging for such distribution by the manufacturer of the kits, (2) collection of the kits from hospitals after the kits have been used to collect evidence, (3) analysis of the collected evidence and conducting of laboratory tests, (4) maintaining the chain of custody and safekeeping of the evidence for use in a legal proceeding, and (5) the comparison of the collected evidence with the genetic marker grouping analysis information maintained by the Department of State Police under Section 5‑4‑3 of the Unified Code of Corrections and with the information contained in the Federal Bureau of Investigation's National DNA database; provided the amount and quality of genetic marker grouping results obtained from the evidence in the sexual assault case meets the requirements of both the Department of State Police and the Federal Bureau of Investigation's Combined DNA Index System (CODIS) policies. The standardized evidence collection kit for the State of Illinois shall be the State Police Evidence Collection Kit, also known as "S.P.E.C.K.". A sexual assault evidence collection kit may not be released by a hospital without the written consent of the sexual assault survivor. In the case of a survivor who is a minor 13 years of age or older, evidence and information concerning the alleged sexual assault may be released at the written request of the minor. If the survivor is a minor who is under 13 years of age, evidence and information concerning the alleged sexual assault may be released at the written request of the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services. Any health care professional, including any physician or nurse, sexual assault nurse examiner, and any health care institution, including any hospital, who provides evidence or information to a law enforcement officer pursuant to a written request as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct. The immunity provision applies only if all of the requirements of this Section are met.
    (a‑5) All sexual assault evidence collected using the State Police Evidence Collection Kits before the effective date of this amendatory Act of the 93rd General Assembly that have not been previously analyzed and tested by the Department of State Police shall be analyzed and tested within 2 years after receipt of all necessary evidence and standards into the State Police Laboratory if sufficient staffing and resources are available. All sexual assault evidence collected using the State Police Evidence Collection Kits on or after the effective date of this amendatory Act of the 93rd General Assembly shall be analyzed and tested by the Department of State Police within one year after receipt of all necessary evidence and standards into the State Police Laboratory if sufficient staffing and resources are available.
    (b) The Illinois State Police shall administer a program to train hospitals and hospital personnel participating in the sexual assault evidence collection program, in the correct use and application of the sexual assault evidence collection kits. A sexual assault nurse examiner may conduct examinations using the sexual assault evidence collection kits, without the presence or participation of a physician. The Department of Public Health shall cooperate with the Illinois State Police in this program as it pertains to medical aspects of the evidence collection.
    (c) In this Section, "sexual assault nurse examiner" means a registered nurse who has completed a sexual assault nurse examiner (SANE) training program that meets the Forensic Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses.
(Source: P.A. 92‑514, eff. 1‑1‑02; 93‑781, eff. 1‑1‑05.)
 
    (Text of Section from P.A. 93‑962)
    Sec. 6.4. Sexual assault evidence collection program.
    (a) There is created a statewide sexual assault evidence collection program to facilitate the prosecution of persons accused of sexual assault. This program shall be administered by the Illinois State Police. The program shall consist of the following: (1) distribution of sexual assault evidence collection kits which have been approved by the Illinois State Police to hospitals that request them, or arranging for such distribution by the manufacturer of the kits, (2) collection of the kits from hospitals after the kits have been used to collect evidence, (3) analysis of the collected evidence and conducting of laboratory tests, and (4) maintaining the chain of custody and safekeeping of the evidence for use in a legal proceeding. The standardized evidence collection kit for the State of Illinois shall be the State Police Evidence Collection Kit, also known as "S.P.E.C.K.". A sexual assault evidence collection kit may not be released by a hospital without the written consent of the sexual assault survivor. In the case of a survivor who is a minor 13 years of age or older, evidence and information concerning the alleged sexual assault may be released at the written request of the minor. If the survivor is a minor who is under 13 years of age, evidence and information concerning the alleged sexual assault may be released at the written request of the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services. Any health care professional, including any physician, advanced practice nurse, physician assistant, or nurse, sexual assault nurse examiner, and any health care institution, including any hospital, who provides evidence or information to a law enforcement officer pursuant to a written request as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct. The immunity provision applies only if all of the requirements of this Section are met.
    (b) The Illinois State Police shall administer a program to train hospitals and hospital personnel participating in the sexual assault evidence collection program, in the correct use and application of the sexual assault evidence collection kits. A sexual assault nurse examiner may conduct examinations using the sexual assault evidence collection kits, without the presence or participation of a physician. The Department of Public Health shall cooperate with the Illinois State Police in this program as it pertains to medical aspects of the evidence collection.
    (c) In this Section, "sexual assault nurse examiner" means a registered nurse who has completed a sexual assault nurse examiner (SANE) training program that meets the Forensic Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses.
(Source: P.A. 92‑514, eff. 1‑1‑02; 93‑962, eff. 8‑20‑04.)

    (410 ILCS 70/7) (from Ch. 111 1/2, par. 87‑7)
    Sec. 7. Hospital charges and reimbursement. When any hospital or ambulance provider furnishes emergency services to any alleged sexual assault survivor, as defined by the Department of Public Aid pursuant to Section 6.3 of this Act, who is neither eligible to receive such services under the Illinois Public Aid Code nor covered as to such services by a policy of insurance, the hospital and ambulance provider shall furnish such services to that person without charge and shall be entitled to be reimbursed for its billed charges in providing such services by the Department of Public Aid.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑587, eff. 7‑1‑98.)

    (410 ILCS 70/8) (from Ch. 111 1/2, par. 87‑8)
    Sec. 8. Penalties. Any hospital violating any provisions of this Act 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 is located, or of the county, in case such hospital is outside the limits of any incorporated municipality.
(Source: P.A. 79‑564.)

    (410 ILCS 70/8.5)
    Sec. 8.5. Complaints. The Department shall implement a complaint system through which the Department may receive complaints of violations of this Act. The Department may use an existing complaint system to fulfill the requirements of this Section.
(Source: P.A. 94‑762, eff. 5‑12‑06.)

    (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 to provide any services which relate to an abortion.
(Source: P.A. 79‑564.)