TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER f: EMERGENCY SERVICES AND HIGHWAY SAFETY
PART 545 SEXUAL ASSAULT SURVIVORS EMERGENCY TREATMENT CODE
SECTION 545.36 FEDERALLY QUALIFIED HEALTH CENTERS


 

Section 545.36† Federally Qualified Health Centers

 

a)†††††††† A federally qualified health center shall comply with the Sexual Assault Survivors Emergency Treatment Act and with Sections 545.40. 545.60, 545.61, 545.66, 545.95, and 545.100 of this Part.

 

b)†††††††† An approved federally qualified health center may provide medical forensic services, in accordance with this Part, to all sexual assault survivors 13 years old or older who present for medical forensic services in relation to injuries or trauma resulting from a sexual assault during the duration, and 90 days thereafter, of a proclamation issued by the Governor declaring a disaster, or a successive proclamation regarding the same disaster, in all 102 counties due to a public health emergency.† (Section 2-1(b-5) of the Act)

 

c)†††††††† These services shall be provided by:

 

1)†††††††† A qualified medical provider, physician, physician assistant, or advanced practice registered nurse who has received a minimum of 10 hours of sexual assault training provided by a qualified medical provider on current Illinois legislation, how to properly perform a medical forensic examination, evidence collection, drug and alcohol facilitated sexual assault, and forensic photography and has all documentation and photos peer reviewed by a qualified medical provider; or

 

2)†††††††† Until the federally qualified health care center certifies to the Department, in a form and manner prescribed by the Department, that it employs or contracts with a qualified medical provider in accordance with subsection (a-7) of Section 5-1 of the Act, whichever occurs first.† (Section 2-1(b-5) of the Act)

 

d)†††††††† A federally qualified health center shall participate in or submit an areawide treatment plan under Section 3-1 of the Act that includes a treatment hospital.† If a federally qualified health center does not provide certain medical or surgical services that are provided by hospitals, the areawide sexual assault treatment plan shall include a procedure for ensuring a sexual assault survivor in need of these medical or surgical services receives the services at the treatment hospital.† The areawide treatment plan may also include a treatment hospital with approved pediatric transfer or an approved pediatric health care facility.† (Section 2-1(b-5) of the Act)

 

e)†††††††† A federally qualified health center shall not provide medical forensic services to sexual assault survivors 13 years old or older until the Department has approved a treatment plan.† (Section 2-1(b-5) of the Act)

 

f)†††††††† If an approved federally qualified health center is not open 24 hours a day, 7 days a week, it shall post signage at each public entrance to its facility that:

 

1)†††††††† Is at least 14 inches by 14 inches in size;

 

2)†††††††† Directs those seeking services as follows:† "If† closed, call 911 for services or go to the closest hospital emergency department, (insert name) located at (insert address).";

 

3)†††††††† Lists the approved federally qualified health center's hours of operation;

 

4)†††††††† Lists the street address of the building;

 

5)†††††††† Has a black background with white bold capital lettering in a clear and easy to read font that is at least 72-point type, and with "call 911" in at least 125-point type;

 

6)†††††††† Is posted clearly and conspicuously on or adjacent to the door at each entrance and, if building materials allow, is posted internally for viewing through glass; if posted externally, the sign shall be made of weather-resistant and theft-resistant materials, non-removable, and adhered permanently to the building; and

 

7)†††††††† Has lighting that is part of the sign itself or is lit with a dedicated light that fully illuminates the sign.†

 

g)†††††††† A copy of the proposed sign shall be submitted to the Department and approved as part of the approved federally qualified health center's sexual assault treatment plan.† (Section 2-1(b-5) of the Act)

 

h)†††††††† Each approved federally qualified health center shall enter into a memorandum of understanding with a rape crisis center for medical advocacy services, if these services are available to the approved federally qualified health center.† With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the collection for forensic evidence.† (Section 2-1(c) of the Act)

 

i)††††††††† Every approved federally qualified health center's sexual assault treatment plan shall include procedures for complying with mandatory reporting requirements pursuant to the Abused and Neglected Child Reporting Act, the Abused and Neglected Long Term Care Facility Residents Reporting Act, the Adult Protective Services Act, and the Criminal Identification Act.† (Section 2-1(d) of the Act)

 

j)††††††††† Each approved federally qualified health center shall submit to the Department every six months, in a manner prescribed by the Department, the following information:

 

1)†††††††† The total number of patients who presented with a complaint of sexual assault; and

 

2)†††††††† The total number of Illinois Sexual Assault Evidence Collection Kits:†

 

A)††††††† Offered to all sexual assault survivors pursuant to paragraph (1.5) of subsection (a-5) of Section 5-1 of the Act;

 

B)††††††† Completed for all sexual assault survivors; and

 

C)††††††† Declined by all sexual assault survivors.† (Section 2-1(e) of the Act)

 

k)†††††††† Consent to Jurisdiction

 

1)†††††††† A federally qualified health center that submits a plan to the Department for approval under Section 2-1 of the Act consents to the jurisdiction and oversight of the Department, including, but not limited to, inspections, investigations, and evaluations arising out of complaints relevant to the Act made to the Department.† (Section 2.06-1 of the Act)

 

2)†††††††† A federally qualified health center that submits a plan to the Department for approval under Section 2-1 of the Act shall be deemed to have given consent to annual inspections, surveys, or evaluations relevant to the Act by properly identified personnel of the Department or by other properly identified persons, including local health department staff, as the Department may designate.† (Section 2.06-1 of the Act)

 

3)†††††††† Representatives of the Department shall have access to and may reproduce or photocopy any books, records, and other documents maintained by the federally qualified health center or the centerís representatives to the extent necessary to carry out the Act and this Part.† (Section 2.06-1 of the Act)

 

4)†††††††† No representative, agent, or person acting on behalf of the federally qualified health center in any manner shall intentionally prevent, interfere with, or attempt to impede in any way any duly authorized investigation and enforcement of the Act or this Part.† (Section 2.06-1 of the Act)

 

5)†††††††† In carrying out oversight of a federally qualified health center, the Department will respect the confidentiality of all patient records, including by complying with the patient record confidentiality requirements set out in Section 6.14b of the Hospital Licensing Act.† (Section 2.06-1 of the Act)

 

l)††††††††† This Section will be repealed effective December 31, 2023.

 

(Source:† Added at 46 Ill. Reg. 6066, effective April 4, 2022)