Full Text of SB1618 95th General Assembly
SB1618 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1618
Introduced 2/9/2007, by Sen. Jeffrey M. Schoenberg SYNOPSIS AS INTRODUCED: |
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Amends the Sexual Assault Survivors Emergency Treatment Act. Deletes the definition of sexual assault. Deletes references in the Act to "hospital emergency services" and replaces it with "(i) transfer services or (ii) hospital emergency services and forensic services". Provides that if a surveyor from the Department of Public Health determines that the hospital is not in compliance with its approved plan to provide transfer services or hospital emergency services and forensic services, the surveyor shall provide the hospital with a written list of the specific items of noncompliance within 10 working days after the conclusion of the surveyor's on site review (now, 2 weeks). Provides that the hospital shall have 10 working days to submit to the Department a plan of correction that contains the hospital's specific proposals for correcting the items of noncompliance (now, 14 working days). Creates a provision allowing for hospitals in the area to be served to develop and participate in areawide plans. Sets out the minimum requirements for hospitals providing hospital emergency services and forensic services. Creates a Section concerning minimum reimbursement requirements for every hospital, health care professional, laboratory, or pharmacy that provides follow-up healthcare to a sexual assault survivor. Provides that when certain entities provide services to a sexual assault survivor who is not eligible to receive such services under the Public Aid Code or insurance policy, the entity shall furnish such services without charge and be entitled to reimbursement for billed charges by the Illinois Sexual Assault Emergency Treatment Program. Repeals a Section concerning community or areawide plans and Sections concerning the powers and duties of the Department of Public Health and the Department of Public Aid. Makes other changes.
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A BILL FOR
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SB1618 |
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sexual Assault Survivors Emergency | 5 |
| Treatment Act is amended by adding Section 5.5 and by changing | 6 |
| Sections 1a, 2, 2.1, 2.2, 3, 5, 6.1, 6.2, 6.4, and 7 as | 7 |
| follows:
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| (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
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| Sec. 1a. Definitions. In this Act:
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| "Ambulance provider" means an individual or entity that | 11 |
| owns and operates a business or service using ambulances or | 12 |
| emergency medical services vehicles to transport emergency | 13 |
| patients.
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| "Areawide sexual assault treatment plan" means a plan, | 15 |
| developed by the hospitals in the community or area to be | 16 |
| served, which provides for hospital emergency services to | 17 |
| sexual assault survivors that shall be made available by each | 18 |
| of the participating hospitals.
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| "Department" means the Department of Public Health.
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| "Emergency contraception" means medication as approved by | 21 |
| the federal Food and Drug Administration (FDA) that can | 22 |
| significantly reduce the risk of pregnancy if taken within 72 | 23 |
| hours after sexual assault.
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| "Follow-up healthcare" means healthcare services related | 2 |
| to a sexual assault, including laboratory services and pharmacy | 3 |
| services, rendered within 90 days of the initial visit for | 4 |
| hospital emergency services.
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| "Forensic services" means the collection of evidence | 6 |
| pursuant to a statewide sexual assault evidence collection | 7 |
| program administered by the Department of State Police, using | 8 |
| the Illinois State Police Sexual Assault Evidence Collection | 9 |
| Kit.
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| "Health care professional" means a physician, a physician | 11 |
| assistant, or an advanced practice nurse.
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| "Hospital" has the meaning given to that term in the | 13 |
| Hospital Licensing Act.
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| "Hospital emergency services" means healthcare delivered | 15 |
| to outpatients within or under the care and supervision of | 16 |
| personnel working in a designated emergency department of a | 17 |
| hospital, including, but not limited to, care ordered by such | 18 |
| personnel for a sexual assault survivor in the emergency | 19 |
| department.
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| "Illinois State Police Sexual Assault Evidence Collection | 21 |
| Kit" means a prepackaged set of materials and forms to be used | 22 |
| for the collection of evidence relating to sexual assault. The | 23 |
| standardized evidence collection kit for the State of Illinois | 24 |
| shall be the Illinois State Police Sexual Assault Evidence | 25 |
| Collection Kit.
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| "Nurse" means a nurse licensed under the Nursing and |
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| Advanced Practice Nursing Act.
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| "Physician" means a person licensed to practice medicine in | 3 |
| all its branches.
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| "Sexual assault" means an act of nonconsensual sexual | 5 |
| conduct or sexual penetration, as defined in Section 12-12 of | 6 |
| the Criminal Code of 1961, including, without limitation, acts | 7 |
| prohibited under Sections 12-13 through 12-16 of the Criminal | 8 |
| Code of 1961.
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| "Sexual assault survivor" means a person who presents for | 10 |
| hospital emergency services in relation to injuries or trauma | 11 |
| resulting from a sexual assault.
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| "Sexual assault transfer plan" means a written plan | 13 |
| developed by a hospital and approved by the Department, which | 14 |
| describes the hospital's procedures for transferring sexual | 15 |
| assault survivors to another hospital in order to receive | 16 |
| emergency treatment.
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| "Sexual assault treatment plan" means a written plan | 18 |
| developed by a hospital that describes the hospital's | 19 |
| procedures and protocols for providing hospital emergency | 20 |
| services and forensic services to sexual assault survivors who | 21 |
| present themselves for such services, either directly or | 22 |
| through transfer from another hospital.
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| "Transfer services" means the appropriate medical | 24 |
| screening examination and necessary stabilizing treatment | 25 |
| prior to the transfer of a sexual assault survivor to a | 26 |
| hospital that provides hospital emergency services and |
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| forensic services to sexual assault survivors pursuant to a | 2 |
| sexual assault treatment plan or areawide sexual assault | 3 |
| treatment plan.
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| Sexual assault means an act of forced sexual penetration or
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| sexual conduct, as defined in Section 12-12 of the Criminal | 6 |
| Code, including
acts prohibited under Sections 12-13 through | 7 |
| 12-16 of the Criminal Code of
1961, as amended.
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| (Source: P.A. 85-577.)
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| (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
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| Sec. 2. Hospital requirements.
Hospitals to furnish | 11 |
| emergency service.
Every hospital
required to be licensed by | 12 |
| the Department of Public
Health pursuant to
the Hospital | 13 |
| Licensing Act, approved July 1, 1953, as now or hereafter
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| amended, which provides general medical and surgical hospital | 15 |
| services
shall provide either (i) transfer services or (ii) | 16 |
| hospital emergency services and forensic services
emergency | 17 |
| hospital service , in accordance with rules and
regulations | 18 |
| adopted by the Department of Public Health ,
to all alleged
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| sexual assault survivors who apply for either (i) transfer | 20 |
| services or (ii) hospital emergency services and forensic | 21 |
| services
such hospital emergency services in
relation to | 22 |
| injuries or trauma resulting from the sexual assault.
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| In addition , every such hospital, regardless of whether or | 24 |
| not a request
is made for reimbursement, except hospitals | 25 |
| participating in community
or area wide plans in compliance |
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| with Section 4 of this Act, shall submit
to the Department of | 2 |
| Public Health a plan to provide either (i) transfer services or | 3 |
| (ii) hospital emergency services and forensic services
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| hospital emergency
services to alleged sexual assault | 5 |
| survivors which
shall be made available by such hospital .
Such | 6 |
| plan shall be submitted within 60 days after
of receipt of the
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| Department's request for this plan, to the Department of Public | 8 |
| Health for approval prior to such plan becoming effective. The
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| Department of Public Health shall approve such plan for
either | 10 |
| (i) transfer services or (ii) hospital emergency services and | 11 |
| forensic services
emergency service
to alleged sexual assault | 12 |
| survivors if it finds that the implementation of
the proposed | 13 |
| plan would provide adequate (i) transfer services or (ii) | 14 |
| hospital emergency services and forensic services
hospital | 15 |
| emergency service for
alleged sexual assault survivors and | 16 |
| provide sufficient protections from the
risk of pregnancy to
by
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| sexual assault survivors.
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| The Department of Public Health shall periodically
conduct | 19 |
| on site
reviews
of such approved
plans with hospital personnel | 20 |
| to insure that the established procedures
are being followed. | 21 |
| On January 1, 2007 , and each January 1 thereafter, the | 22 |
| Department shall submit a report to the General Assembly | 23 |
| containing information on the hospitals in this State that have | 24 |
| submitted a plan to provide either (i) transfer services or | 25 |
| (ii) hospital emergency services and forensic services
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| hospital emergency services to sexual assault survivors. The |
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| Department shall post on its Internet website the report | 2 |
| required in this Section. The report shall include all of the | 3 |
| following: | 4 |
| (1) A list of all hospitals that have submitted a plan. | 5 |
| (2) A list of hospitals whose plans have been found by | 6 |
| the Department to be in compliance with this Act. | 7 |
| (3) A list of hospitals that have failed to submit an | 8 |
| acceptable Plan of Correction within the time required by | 9 |
| Section 2.1 of this Act. | 10 |
| (4) A list of hospitals at which the periodic site | 11 |
| review required by this Act has been conducted.
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| When a hospital listed as noncompliant under item (3) of this | 13 |
| Section submits and implements the required Plan of Correction, | 14 |
| the Department shall immediately update the report on its | 15 |
| Internet website to reflect that hospital's compliance.
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| (Source: P.A. 94-762, eff. 5-12-06.)
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| (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
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| Sec. 2.1. Plan of correction; penalties.
Plans of | 19 |
| correction - Penalties for failure to implement
such plans. If | 20 |
| the Department of Public Health surveyor determines that
the | 21 |
| hospital is not
in compliance with its approved plan, the | 22 |
| surveyor shall provide the
hospital with a written list of the | 23 |
| specific items of noncompliance within
10 working days after
2 | 24 |
| weeks of the conclusion of the on site review. The hospital | 25 |
| shall have
10
14 working days to submit to the Department of |
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| Public Health a plan of
correction which
contains the | 2 |
| hospital's specific proposals for correcting the items of
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| noncompliance. The Department of Public Health shall review the | 4 |
| plan of
correction and
notify the hospital in writing within 10 | 5 |
| working days as to whether the plan is acceptable
or | 6 |
| unacceptable
nonacceptable .
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| If the Department of Public Health finds the Plan of | 8 |
| Correction
unacceptable
nonacceptable , the
hospital shall have | 9 |
| 10
7 working days to resubmit an acceptable Plan of
Correction. | 10 |
| Upon notification that its Plan of Correction is acceptable, a
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| hospital shall implement the Plan of Correction within 60 days.
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| The failure to submit an acceptable Plan of Correction or | 13 |
| to implement
the Plan of Correction, within the time frames | 14 |
| required in this Section,
will subject a hospital to the | 15 |
| imposition of a fine by the Department of
Public Health . The
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| Department of Public Health may impose a fine of up to $500 per | 17 |
| day
until a hospital
complies with the requirements of this | 18 |
| Section.
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| Before imposing a fine pursuant to this Section, the | 20 |
| Department of Public
Health shall
provide the hospital via | 21 |
| certified mail with written notice and an
opportunity for an | 22 |
| administrative hearing. Such hearing must be requested
within | 23 |
| 10 working days after
of receipt of the Department's
Department | 24 |
| of Public Health's Notice.
All hearings
shall be conducted in | 25 |
| accordance with the Department's
Department of Public Health's
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| rules
in
administrative hearings.
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| (Source: P.A. 94-762, eff. 5-12-06.)
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| (410 ILCS 70/2.2)
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| Sec. 2.2. Emergency contraception.
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| (a) The General Assembly finds:
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| (1) Crimes of sexual assault and sexual abuse
violence
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| cause significant physical, emotional, and
psychological | 7 |
| trauma to the victims. This trauma is compounded by a | 8 |
| victim's
fear of becoming pregnant and bearing a child as a | 9 |
| result of the sexual
assault.
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| (2) Each year over 32,000 women become pregnant in the | 11 |
| United States as
the result of rape and
approximately 50% | 12 |
| of these pregnancies end in abortion.
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| (3) As approved for use by the Federal Food and Drug | 14 |
| Administration (FDA),
emergency contraception can | 15 |
| significantly reduce the risk of pregnancy if taken
within | 16 |
| 72 hours after the sexual assault.
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| (4) By providing emergency contraception to rape | 18 |
| victims in a timely
manner, the trauma of rape can be | 19 |
| significantly reduced.
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| (b) Within 120 days after the effective date of this | 21 |
| amendatory Act of the
92nd General Assembly, every hospital | 22 |
| providing services to alleged sexual
assault survivors in | 23 |
| accordance with a plan approved under Section 2 must
develop a | 24 |
| protocol that ensures that each survivor of sexual
assault will | 25 |
| receive medically and factually accurate and written and oral
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| information about emergency contraception; the indications and
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| counter-indications and risks associated with the use of | 3 |
| emergency
contraception;
and a description of how and when | 4 |
| victims may be provided emergency
contraception upon
the | 5 |
| written order of a physician licensed to practice medicine
in | 6 |
| all its branches, an advanced practice nurse who has a written | 7 |
| collaborative agreement with a collaborating physician that | 8 |
| authorizes prescription of emergency contraception, or a | 9 |
| physician assistant who has been delegated authority to | 10 |
| prescribe emergency contraception. The Department shall | 11 |
| approve the protocol if it finds
that the implementation of the | 12 |
| protocol would provide sufficient protection
for survivors of | 13 |
| an alleged sexual assault.
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| The hospital shall implement the protocol upon approval by | 15 |
| the Department.
The Department shall adopt rules and | 16 |
| regulations establishing one or more safe
harbor protocols and | 17 |
| setting minimum acceptable protocol standards that
hospitals | 18 |
| may develop and implement. The Department shall approve any | 19 |
| protocol
that meets those standards. The Department may provide | 20 |
| a sample acceptable
protocol upon request.
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| (Source: P.A. 92-156, eff. 1-1-02; 93-962, eff. 8-20-04.)
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| (410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)
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| Sec. 3. Areawide sexual assault treatment plans; | 24 |
| submission. Hospitals in the area to be served may develop and | 25 |
| participate in areawide plans that shall describe the hospital |
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| emergency services and forensic services to sexual assault | 2 |
| survivors that each participating hospital has agreed to make | 3 |
| available. Each hospital participating in such a plan shall | 4 |
| provide such services as it is designated to provide in the | 5 |
| plan agreed upon by the participants. Areawide plans may | 6 |
| include hospital transfer plans. All areawide plans shall be | 7 |
| submitted to the Department for approval, prior to becoming | 8 |
| effective. The Department shall approve a proposed plan if it | 9 |
| finds that the implementation of the plan would provide for | 10 |
| appropriate hospital emergency services and forensic services | 11 |
| for the people of the area to be served.
Community or areawide | 12 |
| plan for emergency services to sexual
assault survivors. A | 13 |
| hospital is authorized to participate, in conjunction
with one | 14 |
| or more other hospitals or health care facilities, in a | 15 |
| community
or areawide plan for the furnishing of hospital | 16 |
| emergency service to
alleged sexual assault survivors on a | 17 |
| community or areawide basis provided
each hospital | 18 |
| participating in such a plan shall furnish such hospital
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| emergency services as it is designated to provide in the plan | 20 |
| agreed upon
by the participating hospitals to any alleged | 21 |
| sexual assault survivor who
applies for such hospital emergency | 22 |
| services in relation to injuries or
trauma resulting from the | 23 |
| sexual assault.
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| (Source: P.A. 85-577.)
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| (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
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| Sec. 5. Minimum requirements for hospitals providing | 2 |
| hospital emergency services and forensic services
emergency | 3 |
| service
to sexual assault survivors.
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| (a) Every hospital providing hospital emergency services | 5 |
| and forensic services
emergency
hospital services to an alleged
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| sexual assault survivors
survivor under this Act
shall, as | 7 |
| minimum requirements for such services, provide, with the | 8 |
| consent
of the alleged sexual assault survivor, and as ordered | 9 |
| by the attending
physician, an advanced practice nurse who has | 10 |
| a written collaborative agreement with a collaborating | 11 |
| physician that authorizes provision of emergency services, or a | 12 |
| physician assistant who has been delegated authority to provide | 13 |
| hospital emergency services and forensic services
emergency | 14 |
| services , the following:
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| (1) appropriate medical examinations and laboratory
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| tests required to ensure the health, safety, and welfare
of | 17 |
| a
an alleged sexual assault survivor or which may be
used | 18 |
| as evidence in a criminal proceeding against a person | 19 |
| accused of the
sexual assault, or both; and records of the | 20 |
| results of such examinations
and tests shall be maintained | 21 |
| by the hospital and made available to law
enforcement | 22 |
| officials upon the request of the alleged sexual assault | 23 |
| survivor;
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| (2) appropriate oral and written information | 25 |
| concerning the possibility
of infection, sexually | 26 |
| transmitted disease and pregnancy
resulting from sexual |
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| assault;
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| (3) appropriate oral and written information | 3 |
| concerning accepted medical
procedures, medication, and | 4 |
| possible contraindications of such medication
available | 5 |
| for the prevention or treatment of infection or disease | 6 |
| resulting
from sexual assault;
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| (4) an amount of
such medication for treatment at the | 8 |
| hospital and after discharge as is deemed appropriate by | 9 |
| the attending physician, an advanced practice nurse, or a | 10 |
| physician assistant and consistent with the hospital's | 11 |
| current approved protocol for sexual assault survivors;
, | 12 |
| including HIV prophylaxis ;
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| (5) an evaluation of the sexual assault survivor's risk | 14 |
| of contracting human immunodeficiency virus (HIV) from the | 15 |
| sexual assault
a blood test to determine the presence or | 16 |
| absence of sexually
transmitted disease ;
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| (6) written and oral instructions indicating the need | 18 |
| for follow-up examinations and laboratory tests
a second | 19 |
| blood
test 6 weeks after the sexual assault to determine | 20 |
| the presence or absence of
sexually transmitted disease; | 21 |
| and
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| (7) referral by hospital personnel for appropriate | 23 |
| counseling ; and
as determined by the hospital, by trained
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| personnel designated by the hospital.
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| (8) when HIV prophylaxis is deemed appropriate, an | 26 |
| initial dose or doses of HIV prophylaxis, along with |
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| written and oral instructions indicating the importance of
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| timely follow-up healthcare.
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| (b) Any minor who is a sexual assault survivor
an alleged | 4 |
| survivor of sexual
assault who seeks emergency hospital | 5 |
| services and forensic services or follow-up healthcare
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| emergency services
under this Act shall be provided such | 7 |
| services without the consent
of the parent, guardian or | 8 |
| custodian of the minor.
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| (c) Nothing in this Section creates a physician-patient | 10 |
| relationship that extends beyond discharge from the hospital | 11 |
| emergency department.
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| (Source: P.A. 93-962, eff. 8-20-04; 94-434, eff. 1-1-06.)
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| (410 ILCS 70/5.5 new)
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| Sec. 5.5. Minimum reimbursement requirements for follow-up | 15 |
| healthcare. | 16 |
| (a) Every hospital, health care professional, laboratory, | 17 |
| or pharmacy that provides follow-up healthcare to a sexual | 18 |
| assault survivor, with the consent of the sexual assault | 19 |
| survivor and as ordered by the attending physician, an advanced | 20 |
| practice nurse who has a written collaborative agreement with a | 21 |
| collaborating physician, or physician assistant who has been | 22 |
| delegated authority by a supervising physician shall be | 23 |
| reimbursed for the follow-up healthcare services provided. | 24 |
| Follow-up healthcare services include, but are not limited to, | 25 |
| the following: |
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| (1) a physical examination; | 2 |
| (2) laboratory tests to determine the presence or | 3 |
| absence of sexually transmitted disease; and | 4 |
| (3) appropriate medications, including HIV | 5 |
| prophylaxis. | 6 |
| (b) Reimbursable follow-up healthcare is limited to office | 7 |
| visits with a physician, advanced practice nurse, or physician | 8 |
| assistant within 90 days after an initial visit for hospital | 9 |
| emergency services. | 10 |
| (c) Nothing in this Section requires a hospital, health | 11 |
| care professional, laboratory, or pharmacy to provide | 12 |
| follow-up healthcare to a sexual assault survivor.
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| (410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)
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| Sec. 6.1. Minimum standards. The Department shall
To
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| prescribe minimum standards, rules , and
regulations necessary
| 16 |
| to implement this Act, which shall apply to every hospital
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| required to be licensed by the Department that provides general | 18 |
| medical and surgical hospital services
of Public
Health .
Such | 19 |
| standards shall include, but not be limited to, a
uniform | 20 |
| system for recording results of medical examinations
and all | 21 |
| diagnostic tests performed in connection therewith to
| 22 |
| determine the condition and necessary treatment of alleged
| 23 |
| sexual assault survivors, which results shall be preserved in a
| 24 |
| confidential manner as part of the hospital record of the | 25 |
| sexual assault survivor
patient .
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| (410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)
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| Sec. 6.2. Assistance and grants. The Department shall
To
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| assist in the development and operation
of programs which | 5 |
| provide hospital emergency services and forensic services
| 6 |
| emergency services to alleged sexual assault
survivors, and, | 7 |
| where necessary, to provide grants to hospitals for
this | 8 |
| purpose.
| 9 |
| (Source: P.A. 85-577.)
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| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| 11 |
| Sec. 6.4. Sexual assault evidence collection program.
| 12 |
| (a) There is created a statewide sexual assault evidence | 13 |
| collection program
to facilitate the prosecution of persons | 14 |
| accused of sexual assault. This
program shall be administered | 15 |
| by the Illinois
State Police. The program shall
consist of the | 16 |
| following: (1) distribution of sexual assault evidence
| 17 |
| collection kits which have been approved by the Illinois
State | 18 |
| Police to hospitals that request them, or arranging for
such | 19 |
| distribution by the manufacturer of the kits, (2) collection of | 20 |
| the kits
from hospitals after the kits have been used to | 21 |
| collect
evidence, (3) analysis of the collected evidence and | 22 |
| conducting of laboratory
tests, (4) maintaining the chain of | 23 |
| custody and safekeeping of the evidence
for use in a legal | 24 |
| proceeding, and (5) the comparison of the collected evidence |
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| with the genetic marker grouping analysis information | 2 |
| maintained by the Department of State Police under Section | 3 |
| 5-4-3 of the Unified Code of Corrections and with the | 4 |
| information contained in the Federal Bureau of Investigation's | 5 |
| National DNA database; provided the amount and quality of | 6 |
| genetic marker grouping results obtained from the evidence in | 7 |
| the sexual assault case meets the requirements of both the | 8 |
| Department of State Police and the Federal Bureau of | 9 |
| Investigation's Combined DNA Index System (CODIS) policies. | 10 |
| The standardized evidence collection kit for
the State of | 11 |
| Illinois shall be the Illinois State Police Sexual Assault | 12 |
| Evidence Kit
State Police Evidence Collection Kit, also
known | 13 |
| as "S.P.E.C.K." .
A sexual assault evidence collection kit may | 14 |
| not be released by a hospital
without the written consent of | 15 |
| the sexual assault survivor. In the case of a
survivor who is a | 16 |
| minor 13 years of age or older, evidence and
information | 17 |
| concerning the alleged sexual assault may be released at the
| 18 |
| written request of the minor. If the survivor is a minor who is | 19 |
| under 13 years
of age, evidence and information concerning the | 20 |
| alleged sexual assault may be
released at the written request | 21 |
| of the parent, guardian, investigating law
enforcement | 22 |
| officer, or Department of Children and Family Services. Any | 23 |
| health
care professional, including any physician, advanced | 24 |
| practice nurse, physician assistant, or nurse, sexual assault | 25 |
| nurse
examiner, and any health care
institution, including any | 26 |
| hospital, who provides evidence or information to a
law |
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| enforcement officer pursuant to a written request as specified | 2 |
| in this
Section is immune from any civil or professional | 3 |
| liability that might arise
from those actions, with the | 4 |
| exception of willful or wanton misconduct. The
immunity | 5 |
| provision applies only if all of the requirements of this | 6 |
| Section are
met.
| 7 |
| (a-5) All sexual assault evidence collected using the State | 8 |
| Police Evidence Collection Kits before January 1, 2005 ( the | 9 |
| effective date of Public Act 93-781)
this amendatory Act of the | 10 |
| 93rd General Assembly that have not been previously analyzed | 11 |
| and tested by the Department of State Police shall be analyzed | 12 |
| and tested within 2 years after receipt of all necessary | 13 |
| evidence and standards into the State Police Laboratory if | 14 |
| sufficient staffing and resources are available. All sexual | 15 |
| assault evidence collected using the State Police Evidence | 16 |
| Collection Kits on or after January 1, 2005 ( the effective date | 17 |
| of Public Act 93-781) this amendatory Act of the 93rd General | 18 |
| Assembly shall be analyzed and tested by the Department of | 19 |
| State Police within one year after receipt of all necessary | 20 |
| evidence and standards into the State Police Laboratory if | 21 |
| sufficient staffing and resources are available.
| 22 |
| (b) The Illinois State Police shall administer a program to | 23 |
| train hospitals
and hospital personnel participating in the | 24 |
| sexual assault evidence collection
program, in the correct use | 25 |
| and application of the sexual assault evidence
collection kits. | 26 |
| A sexual assault nurse examiner may conduct
examinations using |
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| the sexual assault evidence collection kits, without the
| 2 |
| presence or participation of a physician. The Department of | 3 |
| Public Health
shall
cooperate with the Illinois State Police in | 4 |
| this
program as it pertains to medical aspects of the evidence | 5 |
| collection.
| 6 |
| (c) In this Section, "sexual assault nurse examiner" means | 7 |
| a registered
nurse
who has completed a sexual assault nurse | 8 |
| examiner (SANE) training program that
meets the Forensic Sexual | 9 |
| Assault Nurse Examiner Education Guidelines
established by the | 10 |
| International Association of Forensic Nurses.
| 11 |
| (Source: P.A. 92-514, eff. 1-1-02; 93-781, eff. 1-1-05; 93-962, | 12 |
| eff. 8-20-04; revised 10-14-04.)
| 13 |
| (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
| 14 |
| Sec. 7. Charges
Hospital charges and reimbursement. When | 15 |
| any ambulance provider furnishes transportation, hospital | 16 |
| provides hospital emergency services and forensic services, | 17 |
| hospital or health care professional or laboratory provides | 18 |
| follow-up healthcare, or pharmacy dispenses prescribed | 19 |
| medications
hospital
or ambulance provider furnishes emergency | 20 |
| services to any alleged sexual
assault survivor, as defined by | 21 |
| the Department of Healthcare and Family Services
Public Aid | 22 |
| pursuant to
Section 6.3 of this Act , who is neither eligible to
| 23 |
| receive such services under the Illinois Public Aid Code nor | 24 |
| covered as
to such services by a policy of insurance, the | 25 |
| hospital and ambulance provider , hospital, health care |
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| professional, or laboratory
shall furnish such services to that | 2 |
| person without charge and shall
be entitled to be reimbursed | 3 |
| for its billed charges in
providing such services by the | 4 |
| Illinois Sexual Assault Emergency Treatment Program under the
| 5 |
| Department of Healthcare and Family Services
Public Aid . | 6 |
| Pharmacies shall dispense prescribed medications without | 7 |
| charge to the survivor and shall be reimbursed at the | 8 |
| Department of Healthcare and Family Services' Medicaid | 9 |
| allowable rates.
| 10 |
| (b) The hospital is responsible for submitting the request | 11 |
| for reimbursement for ambulance services, hospital emergency | 12 |
| services, and forensic services to the Illinois Sexual Assault | 13 |
| Emergency Treatment Program. Nothing in this Section precludes | 14 |
| hospitals from providing follow-up healthcare and receiving | 15 |
| reimbursement under this Section. | 16 |
| (c) The health care professional who provides follow-up | 17 |
| healthcare and the pharmacy that dispenses prescribed | 18 |
| medications to a sexual assault survivor are responsible for | 19 |
| submitting the request for reimbursement for follow-up | 20 |
| healthcare or pharmacy services to the Illinois Sexual Assault | 21 |
| Emergency Treatment Program. | 22 |
| (d) The Department of Healthcare and Family Services shall | 23 |
| establish standards, rules, and regulations to implement this | 24 |
| Section.
| 25 |
| (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised | 26 |
| 12-15-05.)
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| (410 ILCS 70/4 rep.)
| 2 |
| (410 ILCS 70/6 rep.)
| 3 |
| (410 ILCS 70/6.3 rep.)
| 4 |
| Section 10. The Sexual Assault Survivors Emergency | 5 |
| Treatment Act is amended by repealing Sections 4, 6, and 6.3.
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INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 410 ILCS 70/1a |
from Ch. 111 1/2, par. 87-1a |
| 4 |
| 410 ILCS 70/2 |
from Ch. 111 1/2, par. 87-2 |
| 5 |
| 410 ILCS 70/2.1 |
from Ch. 111 1/2, par. 87-2.1 |
| 6 |
| 410 ILCS 70/2.2 |
|
| 7 |
| 410 ILCS 70/3 |
from Ch. 111 1/2, par. 87-3 |
| 8 |
| 410 ILCS 70/5 |
from Ch. 111 1/2, par. 87-5 |
| 9 |
| 410 ILCS 70/5.5 new |
|
| 10 |
| 410 ILCS 70/6.1 |
from Ch. 111 1/2, par. 87-6.1 |
| 11 |
| 410 ILCS 70/6.2 |
from Ch. 111 1/2, par. 87-6.2 |
| 12 |
| 410 ILCS 70/6.4 |
from Ch. 111 1/2, par. 87-6.4 |
| 13 |
| 410 ILCS 70/7 |
from Ch. 111 1/2, par. 87-7 |
| 14 |
| 410 ILCS 70/4 rep. |
|
| 15 |
| 410 ILCS 70/6 rep. |
|
| 16 |
| 410 ILCS 70/6.3 rep. |
|
| |
|