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Public Act 095-0432


 

Public Act 0432 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0432
 
SB1618 Enrolled LRB095 11040 KBJ 31360 b

    AN ACT concerning public 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 adding Section 5.5 and by changing
Sections 1a, 2, 2.1, 2.2, 3, 5, 6.1, 6.2, 6.4, and 7 as
follows:
 
    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
    Sec. 1a. Definitions. In this 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.
    "Areawide sexual assault treatment plan" means a plan,
developed by the hospitals in the community or area to be
served, which provides for hospital emergency services to
sexual assault survivors that shall be made available by each
of the participating hospitals.
    "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
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, or an advanced practice nurse.
    "Hospital" 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.
    "Nurse" means a nurse licensed under the Nursing and
Advanced Practice Nursing Act.
    "Physician" means a person licensed to practice medicine in
all its branches.
    "Sexual assault" means an act of nonconsensual sexual
conduct or sexual penetration, as defined in Section 12-12 of
the Criminal Code of 1961, including, without limitation, acts
prohibited under Sections 12-13 through 12-16 of the Criminal
Code of 1961.
    "Sexual assault survivor" means a person who presents for
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 in order to receive
emergency treatment.
    "Sexual assault treatment plan" means a written plan
developed by a hospital that describes the hospital's
procedures and protocols for providing hospital emergency
services and forensic services to sexual assault survivors who
present themselves for such services, either directly or
through transfer from another hospital.
    "Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital that provides hospital emergency services and
forensic services to sexual assault survivors pursuant to a
sexual assault treatment plan or areawide sexual assault
treatment plan.
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. Hospital requirements. 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 either (i) transfer services or (ii)
hospital emergency services and forensic services 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 either (i) transfer
services or (ii) hospital emergency services and forensic
services 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 either (i) transfer services or
(ii) hospital emergency services and forensic services
hospital emergency services to alleged sexual assault
survivors which shall be made available by such hospital. Such
plan shall be submitted within 60 days after 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 either
(i) transfer services or (ii) hospital emergency services and
forensic services emergency service to alleged sexual assault
survivors if it finds that the implementation of the proposed
plan would provide adequate (i) transfer services or (ii)
hospital emergency services and forensic services hospital
emergency service for alleged sexual assault survivors and
provide sufficient protections from the risk of pregnancy to 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 either (i) transfer services or
(ii) hospital emergency services and forensic services
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. Plan of correction; penalties. 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 10 working days after 2
weeks of the conclusion of the on site review. The hospital
shall have 10 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 within 10
working days as to whether the plan is acceptable or
unacceptable nonacceptable.
    If the Department of Public Health finds the Plan of
Correction unacceptable nonacceptable, the hospital shall have
10 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 after of receipt of the Department's Department
of Public Health's Notice. All hearings shall be conducted in
accordance with the Department's 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 assault and sexual abuse 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. Areawide sexual assault treatment plans;
submission. Hospitals in the area to be served may develop and
participate in areawide plans that shall describe the hospital
emergency services and forensic services to sexual assault
survivors that each participating hospital has agreed to make
available. Each hospital participating in such a plan shall
provide such services as it is designated to provide in the
plan agreed upon by the participants. Areawide plans may
include 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 implementation of the plan would provide for
appropriate hospital emergency services and forensic services
for the people of the area to be served. 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 70/5)  (from Ch. 111 1/2, par. 87-5)
    Sec. 5. Minimum requirements for hospitals providing
hospital emergency services and forensic services emergency
service to sexual assault survivors.
    (a) Every hospital providing hospital emergency services
and forensic services emergency hospital services to an alleged
sexual assault survivors 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
hospital emergency services and forensic services emergency
services, the following:
        (1) appropriate medical examinations and laboratory
    tests required to ensure the health, safety, and welfare of
    a 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) an amount of such medication for treatment at the
    hospital and after discharge as is deemed appropriate by
    the attending physician, an advanced practice nurse, or a
    physician assistant and consistent with the hospital's
    current approved protocol for sexual assault survivors; ,
    including HIV prophylaxis;
        (5) an evaluation of the sexual assault survivor's risk
    of contracting human immunodeficiency virus (HIV) from the
    sexual assault a blood test to determine the presence or
    absence of sexually transmitted disease;
        (6) written and oral instructions indicating the need
    for follow-up examinations and laboratory tests a second
    blood test 6 weeks after the sexual assault to determine
    the presence or absence of sexually transmitted disease;
    and
        (7) referral by hospital personnel for appropriate
    counseling; and as determined by the hospital, by trained
    personnel designated by the hospital.
        (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 minor who is a sexual assault survivor an alleged
survivor of sexual assault who seeks emergency hospital
services and forensic services or follow-up healthcare
emergency services under this Act shall be provided such
services without the consent of the parent, guardian or
custodian of the minor.
    (c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital
emergency department.
(Source: P.A. 93-962, eff. 8-20-04; 94-434, eff. 1-1-06.)
 
    (410 ILCS 70/5.5 new)
    Sec. 5.5. Minimum reimbursement requirements for follow-up
healthcare.
    (a) Every hospital, 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 nurse who has a written collaborative agreement with a
collaborating physician, or physician assistant who has been
delegated authority by a supervising physician 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 disease; and
        (3) appropriate medications, including HIV
    prophylaxis.
    (b) Reimbursable follow-up healthcare is limited to office
visits with a physician, advanced practice nurse, or physician
assistant within 90 days after an initial visit for hospital
emergency services.
    (c) Nothing in this Section requires a hospital, health
care professional, laboratory, or pharmacy to provide
follow-up healthcare to a sexual assault survivor.
 
    (410 ILCS 70/6.1)  (from Ch. 111 1/2, par. 87-6.1)
    Sec. 6.1. Minimum standards. The Department shall 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 that provides general
medical and surgical hospital services 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
sexual assault survivor 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. Assistance and grants. The Department shall To
assist in the development and operation of programs which
provide hospital emergency services and forensic services
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 70/6.4)  (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 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 Illinois State Police Sexual Assault
Evidence Kit 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.
    (a-5) All sexual assault evidence collected using the State
Police Evidence Collection Kits before January 1, 2005 (the
effective date of Public Act 93-781) 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 January 1, 2005 (the effective date
of Public Act 93-781) 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; 93-962,
eff. 8-20-04; revised 10-14-04.)
 
    (410 ILCS 70/7)  (from Ch. 111 1/2, par. 87-7)
    Sec. 7. Charges Hospital charges and reimbursement.
    (a) When any ambulance provider furnishes transportation,
hospital provides hospital emergency services and forensic
services, hospital or health care professional or laboratory
provides follow-up healthcare, or pharmacy dispenses
prescribed medications hospital or ambulance provider
furnishes emergency services to any alleged sexual assault
survivor, as defined by the Department of Healthcare and Family
Services 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, hospital,
health care professional, or laboratory 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 Illinois Sexual Assault Emergency Treatment Program
under the Department of Healthcare and Family Services Public
Aid. Pharmacies shall dispense prescribed medications without
charge to the survivor and shall be reimbursed at the
Department of Healthcare and Family Services' Medicaid
allowable rates.
    (b) The hospital is responsible for submitting the request
for reimbursement for ambulance services, hospital emergency
services, and forensic services to the Illinois Sexual Assault
Emergency Treatment Program. Nothing in this Section precludes
hospitals from providing follow-up healthcare and receiving
reimbursement under this Section.
    (c) The health care professional who provides follow-up
healthcare and the pharmacy that dispenses prescribed
medications to a sexual assault survivor are responsible for
submitting the request for reimbursement for follow-up
healthcare or pharmacy services to the Illinois Sexual Assault
Emergency Treatment Program.
    (d) The Department of Healthcare and Family Services shall
establish standards, rules, and regulations to implement this
Section.
(Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised
12-15-05.)
 
    (410 ILCS 70/4 rep.)
    (410 ILCS 70/6 rep.)
    (410 ILCS 70/6.3 rep.)
    Section 10. The Sexual Assault Survivors Emergency
Treatment Act is amended by repealing Sections 4, 6, and 6.3.
INDEX
Statutes amended in order of appearance
    410 ILCS 70/1a from Ch. 111 1/2, par. 87-1a
    410 ILCS 70/2 from Ch. 111 1/2, par. 87-2
    410 ILCS 70/2.1 from Ch. 111 1/2, par. 87-2.1
    410 ILCS 70/2.2
    410 ILCS 70/3 from Ch. 111 1/2, par. 87-3
    410 ILCS 70/5 from Ch. 111 1/2, par. 87-5
    410 ILCS 70/5.5 new
    410 ILCS 70/6.1 from Ch. 111 1/2, par. 87-6.1
    410 ILCS 70/6.2 from Ch. 111 1/2, par. 87-6.2
    410 ILCS 70/6.4 from Ch. 111 1/2, par. 87-6.4
    410 ILCS 70/7 from Ch. 111 1/2, par. 87-7
    410 ILCS 70/4 rep.
    410 ILCS 70/6 rep.
    410 ILCS 70/6.3 rep.

Effective Date: 1/1/2008