Illinois General Assembly - Bill Status for SB1602

Amends the Sexual Assault Survivors Emergency Treatment Act. Defines "acute sexual assault" as a sexual assault that has recently occurred within a specified time. Replaces various references to "sexual assault" with "acute sexual assault". Deletes the definition of "prepubescent sexual assault survivor". Changes provisions regarding hospitals located in counties with a population of less than 1,000,000 and within a 20-mile radius of a 4-year public university with respect to a sexual assault treatment plan approved by the Department of Public Health. Makes changes in various provisions concerning plans of correction and penalties for hospitals that commit specified violations of the Act. In provisions regarding requirements for medical forensic services, provides that the provisions of the Act are not intended to prohibit a qualified medical provider from offering an Illinois Sexual Assault Evidence Collection Kit to a sexual assault survivor who presents at a treatment hospital or approved pediatric health care facility with a nonacute complaint of sexual assault if there is a compelling reason for evidence collection, or upon the request of the survivor. In provisions regarding the prohibition on billing sexual assault survivors directly for certain services, changes references to the Office of the Attorney General to references to the Department of Healthcare and Family Services.

Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes references to "sexual assault survivors" to references to "acute sexual assault survivors". In provisions regarding minimum requirements for medical forensic services provided to sexual assault survivors by hospitals and approved pediatric health care facilities, provides that nothing in those provisions is intended to prohibit a qualified medical provider from offering an Illinois Sexual Assault Evidence Collection Kit to a sexual assault survivor who presents at a treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility with a nonacute complaint of sexual assault according to the qualified medical provider's clinical discretion based on best practices for indications for evidence collection. Makes changes to provisions regarding continuing education and competency to remain on the Qualified Medical Provider List. Allows for virtual or telephonic consultation in providing certain information. Adds references to approved pediatric health care facilities. Provides that medical forensic services shall be provided with the consent of the sexual assault survivor, with certain requirements. Makes changes to provisions regarding a sexual assault services voucher. In provisions regarding written consent to the release of sexual assault evidence for testing, provides for an agent acting under a health care power of attorney, and provides that, if a parent, guardian, or health care power of attorney is unwilling to release sexual assault evidence, then a State's Attorney or the Attorney General may petition the court to authorize its release. Merges provisions regarding complaints with provisions regarding penalties and further provides for procedures, warnings, and civil penalties (rather than a petty offense, with certain requirements). Provides that fines shall be deposited into the Sexual Assault Survivor Treatment Regulation Fund. Makes changes to provisions regarding the Sexual Assault Nurse Examiner Program. Provides for a qualified medical provider list. Describes Sexual Assault Nurse Examiner and Sexual Assault Forensic Examiner qualifications. Defines terms. Makes other changes. Provides that provisions regarding the qualified medical provider list and Sexual Assault Nurse Examiner and Sexual Assault Forensic Examiner qualifications are effective January 1, 2026. Makes conforming changes in the State Finance Act.

Replaces everything after the enacting clause with the provisions of Senate Amendment No. 1 with the following changes. Changes references to Illinois Sexual Assault Evidence Collection Kits to references to Illinois State Police Sexual Assault Evidence Collection Kits. Provides that, before medical forensic services are provided, consent must be obtained, and that evidence collection shall not be completed without first obtaining consent (rather than medical forensic services shall be provided with the consent of the sexual assault survivor). Deletes a provision that medical care and treatment shall be provided in lieu of medical forensic services if consent cannot be obtained. Makes changes to provisions regarding an offer to complete the Illinois State Police Sexual Assault Evidence Collection Kit and requirements for evidence collection completion. Changes the effective dates for provisions regarding hospital and approved pediatric health care facility requirements for sexual assault plans and regarding sexual assault services vouchers from January 1, 2024, to January 1, 2026. Makes technical and other changes.

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