State of Illinois
91st General Assembly
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91_HB3201eng

 
HB3201 Engrossed                               LRB9110539DJcd

 1        AN ACT to amend the Sexual  Assault  Survivors  Emergency
 2    Treatment Act by changing Section 5.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section   5.   The  Sexual  Assault  Survivors  Emergency
 6    Treatment Act is amended by changing Section 5 as follows:

 7        (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
 8        Sec. 5.  Minimum  requirements  for  hospitals  providing
 9    emergency  service  to  sexual  assault survivors.  (a) Every
10    hospital providing emergency hospital services to an  alleged
11    sexual  assault  survivor  under  this  Act shall, as minimum
12    requirements for such services, provide, with the consent  of
13    the  alleged  sexual  assault survivor, and as ordered by the
14    attending physician, the following:
15        (1)  appropriate  medical  examinations  and   laboratory
16    tests  required  to ensure the health, safety, and welfare of
17    an alleged sexual assault survivor or which may  be  used  as
18    evidence in a criminal proceeding against a person accused of
19    the  sexual  assault,  or both; and records of the results of
20    such examinations  and  tests  shall  be  maintained  by  the
21    hospital and made available to law enforcement officials upon
22    the request of the alleged sexual assault survivor;
23        (2)  appropriate  oral and written information concerning
24    the possibility of infection,  sexually  transmitted  disease
25    and pregnancy resulting from sexual assault;
26        (3)  appropriate  oral and written information concerning
27    accepted  medical  procedures,   medication,   and   possible
28    contraindications   of  such  medication  available  for  the
29    prevention or treatment of  infection  or  disease  resulting
30    from sexual assault;
31        (4)  such   medication   as  deemed  appropriate  by  the
 
HB3201 Engrossed            -2-                LRB9110539DJcd
 1    attending physician;
 2        (5)  a blood test to determine the presence or absence of
 3    sexually transmitted disease;
 4        (6)  written and oral instructions  indicating  the  need
 5    for  a  second blood test 6 weeks after the sexual assault to
 6    determine the presence or  absence  of  sexually  transmitted
 7    disease; and
 8        (6.5) appropriate oral and written information concerning
 9    accepted   medical   procedures   for   postcoital  emergency
10    contraception and medications approved by  the  federal  Food
11    and  Drug  Administration  for  use  as  postcoital emergency
12    contraception;
13        (6.10) if requested by the survivor of an alleged  sexual
14    assault,  medication  approved  by  the federal Food and Drug
15    Administration for use as postcoital emergency contraception,
16    unless contraindicated for medical reasons; and
17        (7)  appropriate  counseling   as   determined   by   the
18    hospital, by trained personnel designated by the hospital.
19        (b)  Any  minor  who  is  an  alleged  survivor of sexual
20    assault who seeks emergency services under this Act shall  be
21    provided  such  services  without  the consent of the parent,
22    guardian or custodian of the minor. Only the  minor's  parent
23    or  legal  guardian  can  sign  for  release  of evidence and
24    information concerning the alleged sexual assault.
25    (Source: P.A. 85-577.)

26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.

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