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(410 ILCS 70/5)
(from Ch. 111 1/2, par. 87-5)
Minimum requirements for hospitals providing hospital emergency services and forensic services
to sexual assault survivors.
(a) Every hospital providing 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 following:
(1) appropriate medical examinations and laboratory
tests required to ensure the health, safety, and welfare of a 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 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) an amount of medication for treatment at the
hospital and after discharge as is deemed appropriate by the attending physician, an advanced practice registered nurse, or a physician assistant and consistent with the hospital's current approved protocol for sexual assault survivors;
(5) an evaluation of the sexual assault survivor's
risk of contracting human immunodeficiency virus (HIV) from the sexual assault;
(6) 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 disease;
(7) referral by hospital personnel for appropriate
(8) 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.
(b) Any person who is a sexual assault survivor who seeks 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.
(b-5) Every treating hospital providing hospital emergency and forensic services to sexual assault survivors shall issue a voucher to any sexual assault survivor who is eligible to receive one. 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 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