2005 Illinois Code - Chapter 410 Public Health 410 ILCS 70/ Sexual Assault Survivors Emergency Treatment Act.
(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.)
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(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.)
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(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
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(2) A list of hospitals whose plans have been found
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by the Department to be in compliance with this Act.
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(3) A list of hospitals that have failed to submit an
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acceptable Plan of Correction within the time required by Section 2.1 of this Act.
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(4) A list of hospitals at which the periodic site
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review required by this Act has been conducted.
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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.)
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(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 |
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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.
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(2) Each year over 32,000 women become pregnant in
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the United States as the result of rape and approximately 50% of these pregnancies end in abortion.
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(3) As approved for use by the Federal Food and Drug
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Administration (FDA), emergency contraception can significantly reduce the risk of pregnancy if taken within 72 hours after the sexual assault.
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(4) By providing emergency contraception to rape
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victims in a timely manner, the trauma of rape can be significantly reduced.
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(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.)
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(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.)
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(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.)
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(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
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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;
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(2) appropriate oral and written information
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concerning the possibility of infection, sexually transmitted disease and pregnancy resulting from sexual assault;
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(3) appropriate oral and written information
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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;
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(4) such medication as is deemed appropriate by the
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attending physician, an advanced practice nurse, or a physician assistant, including HIV prophylaxis;
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(5) a blood test to determine the presence or
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absence of sexually transmitted disease;
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(6) written and oral instructions indicating the
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need for a second blood test 6 weeks after the sexual assault to determine the presence or absence of sexually transmitted disease; and
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(7) appropriate counseling as determined by the
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hospital, by trained personnel designated by the hospital.
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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