Illinois General Assembly - Bill Status for HB5245

Amends the Sexual Assault Survivors Emergency Treatment Act. Adds various provisions concerning requirements for hospitals and pediatric health care facilities in relation to pediatric sexual assault care. Provides that a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act (rather than licensed under the Hospital Licensing Act) that provides general medical and surgical hospital services shall provide either transfer services to all sexual assault survivors, medical forensic services to all sexual assault survivors, or transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older (rather than transfer services or hospital emergency services and forensic services in relation to injuries or trauma resulting from sexual assault). Provides that a pediatric health care facility may provide medical forensic services to pediatric sexual assault survivors. Adds provisions concerning requirements placed on the Department of Public Health; consent to jurisdiction for pediatric health care facilities; storage, retention, and dissemination of photo documentation relating to medical forensic services; sexual assault services vouchers; pediatric sexual assault care; and requirements placed on the Attorney General. Makes other changes.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that the Department of Public Health may not approve a sexual assault transfer plan unless a treatment hospital has agreed, as a part of an areawide treatment plan, to accept sexual assault survivors from the proposed transfer hospital and a transfer to the treatment hospital would not unduly burden the sexual assault survivor. Provides that in counties with a population of less than 1,000,000, the Department may not approve a sexual assault transfer plan for a hospital located within a 20-mile radius of a 4-year public university, not including community colleges, unless there is a treatment hospital with a sexual assault treatment plan approved by the Department within a 20-mile radius of the 4-year public university. Makes several changes to provisions requiring sexual assault-related training for certain employees of treatment hospitals and treatment hospitals with approved pediatric transfer and Department personnel that conduct on-site reviews of approved sexual assault treatment plans. Provides that the Department, in consultation with the Office of the Attorney General, shall adopt administrative rules by January 1, 2020 establishing a process for physicians and physician assistants to provide documentation of training and clinical experience that meets specified guidelines in order to qualify as a sexual assault forensic examiner. Provides that a qualified medical provider must provide specified medical forensic, information, medication, photo documentation, instruction, referral, and medical advocacy services by January 1, 2021 (rather than 2023). Provides that by January 1, 2021 (rather than 2023), every hospital with a treatment plan approved by the Department shall employ or contract with a qualified medical provider. Provides that if a sexual assault survivor is unable to consent to medical forensic services, the services may be provided under applicable State and federal laws. Provides that photo documentation of a sexual assault survivor under the age of 18 shall be retained indefinitely and shall not be destroyed. Provides that photo documentation of a sexual assault survivor 18 years of age or older shall be retained for a period of 20 years. Makes other changes. Further amends the Sexual Assault Survivors Emergency Treatment Act. Adds provisions concerning out-of-state hospitals. Provides that a transfer hospital, treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility located in a county adjacent to the city of St. Louis, Missouri may transfer a pediatric sexual assault survivor to an out-of-state hospital located in St. Louis, Missouri, that has been designated as a trauma center by the Department under the Emergency Medical Services (EMS) Systems Act if the out-of-state hospital meets certain criteria. Makes related changes. Creates the Sexual Assault Medical Forensic Services Implementation Task Force to assist hospitals and approved pediatric health care facilities with the implementation of the changes made by the amendatory Act. Adds provisions concerning the membership of the Task Force. Provides that the Office of the Attorney General shall provide the Task Force with administrative and other support. Provides that the first meeting of the Task Force shall be called by the co-chairpersons of the Task Force no later than 90 days after the effective date of these provisions. Provides that the Task Force shall have specified goals. Provides that the provisions concerning the Task Force are repealed on January 1, 2021. Establishes the Sexual Assault Nurse Examiner Program within the Office of the Attorney General for sexual assault training-related purposes under the Act. Provides that the amendatory Act takes effect January 1, 2019, except that the effective date provision and the provisions creating the Task Force are effective immediately.

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Provides that a qualified medical provider must provide specified medical forensic, information, medication, photo documentation, instruction, referral, and medical advocacy services by January 1, 2022 (rather than 2021). Provides that by January 1, 2022 (rather than 2021), every hospital with a treatment plan approved by the Department of Public Health shall employ or contract with a qualified medical provider. Removes licensed practical nurses providing clinical services from certain provisions requiring sexual assault and sexual assault survivor training. Makes other changes to the provisions requiring sexual assault and sexual assault survivor training for certain individuals. Provides that records of medical forensic services and photo documentation of sexual assault survivors under the age of 18 shall be retained by a hospital for a period of 60 years after the sexual assault survivor reaches the age of 18 (rather than indefinitely). Provides that records of medical forensic services and photo documentation of sexual assault survivors 18 years of age or older shall be retained by the hospital for a period of 20 years after the date the record was created. Makes changes to provisions concerning out-of state hospitals, including removing certain location limitations and making certain provisions concerning the transfer to out-of-state hospitals inoperative on and after January 1, 2024. Makes changes to provisions concerning the Sexual Assault Medical Forensic Services Implementation Task Force, including adding Task Force goals and repealing the provisions on January 1, 2024 (rather than 2021). Makes changes to provisions concerning the online sexual assault training developed by the Sexual Assault Nurse Examiner Program. Makes changes to the definition of "sexual assault forensic examiner". Makes other changes. Provides that the amendatory Act takes effect January 1, 2019, except that the effective date provision and the provisions creating the Task Force are effective immediately.

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