Illinois General Assembly - Full Text of HB0347
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Full Text of HB0347  102nd General Assembly

HB0347sam002 102ND GENERAL ASSEMBLY

Sen. Rachelle Crowe

Filed: 4/7/2022

 

 


 

 


 
10200HB0347sam002LRB102 10549 CPF 38952 a

1
AMENDMENT TO HOUSE BILL 347

2    AMENDMENT NO. ______. Amend House Bill 347 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sexual Assault Survivors Emergency
5Treatment Act is amended by changing Sections 1a, 1a-1, 2,
62-1, 2.1, 2.1-1, 5, 5-1, 5.4, and 9.5 as follows:
 
7    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
8    Sec. 1a. Definitions.
9    (a) In this Act:
10    "Advanced practice registered nurse" has the meaning
11provided in Section 50-10 of the Nurse Practice Act.
12    "Ambulance provider" means an individual or entity that
13owns and operates a business or service using ambulances or
14emergency medical services vehicles to transport emergency
15patients.
16    "Approved pediatric health care facility" means a health

 

 

10200HB0347sam002- 2 -LRB102 10549 CPF 38952 a

1care facility, other than a hospital, with a sexual assault
2treatment plan approved by the Department to provide medical
3forensic services to pediatric sexual assault survivors under
4the age of 18 who present with a complaint of sexual assault
5within a minimum of the last 7 days or who have disclosed past
6sexual assault by a specific individual and were in the care of
7that individual within a minimum of the last 7 days.
8    "Areawide sexual assault treatment plan" means a plan,
9developed by hospitals or by hospitals and approved pediatric
10health care facilities in a community or area to be served,
11which provides for medical forensic services to sexual assault
12survivors that shall be made available by each of the
13participating hospitals and approved pediatric health care
14facilities.
15    "Board-certified child abuse pediatrician" means a
16physician certified by the American Board of Pediatrics in
17child abuse pediatrics.
18    "Board-eligible child abuse pediatrician" means a
19physician who has completed the requirements set forth by the
20American Board of Pediatrics to take the examination for
21certification in child abuse pediatrics.
22    "Department" means the Department of Public Health.
23    "Emergency contraception" means medication as approved by
24the federal Food and Drug Administration (FDA) that can
25significantly reduce the risk of pregnancy if taken within 72
26hours after sexual assault.

 

 

10200HB0347sam002- 3 -LRB102 10549 CPF 38952 a

1    "Follow-up healthcare" means healthcare services related
2to a sexual assault, including laboratory services and
3pharmacy services, rendered within 90 days of the initial
4visit for medical forensic services.
5    "Health care professional" means a physician, a physician
6assistant, a sexual assault forensic examiner, an advanced
7practice registered nurse, a registered professional nurse, a
8licensed practical nurse, or a sexual assault nurse examiner.
9    "Hospital" means a hospital licensed under the Hospital
10Licensing Act or operated under the University of Illinois
11Hospital Act, any outpatient center included in the hospital's
12sexual assault treatment plan where hospital employees provide
13medical forensic services, and an out-of-state hospital that
14has consented to the jurisdiction of the Department under
15Section 2.06.
16    "Illinois State Police Sexual Assault Evidence Collection
17Kit" means a prepackaged set of materials and forms to be used
18for the collection of evidence relating to sexual assault. The
19standardized evidence collection kit for the State of Illinois
20shall be the Illinois State Police Sexual Assault Evidence
21Collection Kit.
22    "Law enforcement agency having jurisdiction" means the law
23enforcement agency in the jurisdiction where an alleged sexual
24assault or sexual abuse occurred.
25    "Licensed practical nurse" has the meaning provided in
26Section 50-10 of the Nurse Practice Act.

 

 

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1    "Medical forensic services" means health care delivered to
2patients within or under the care and supervision of personnel
3working in a designated emergency department of a hospital or
4an approved pediatric health care facility. "Medical forensic
5services" includes, but is not limited to, taking a medical
6history, performing photo documentation, performing a physical
7and anogenital examination, assessing the patient for evidence
8collection, collecting evidence in accordance with a statewide
9sexual assault evidence collection program administered by the
10Illinois State Police using the Illinois State Police Sexual
11Assault Evidence Collection Kit, if appropriate, assessing the
12patient for drug-facilitated or alcohol-facilitated sexual
13assault, providing an evaluation of and care for sexually
14transmitted infection and human immunodeficiency virus (HIV),
15pregnancy risk evaluation and care, and discharge and
16follow-up healthcare planning.
17    "Pediatric health care facility" means a clinic or
18physician's office that provides medical services to patients
19under the age of 18 pediatric patients.
20    "Pediatric sexual assault survivor" means a person under
21the age of 13 who presents for medical forensic services in
22relation to injuries or trauma resulting from a sexual
23assault.
24    "Photo documentation" means digital photographs or
25colposcope videos stored and backed up securely in the
26original file format.

 

 

10200HB0347sam002- 5 -LRB102 10549 CPF 38952 a

1    "Physician" means a person licensed to practice medicine
2in all its branches.
3    "Physician assistant" has the meaning provided in Section
44 of the Physician Assistant Practice Act of 1987.
5    "Prepubescent sexual assault survivor" means a female who
6is under the age of 18 years and has not had a first menstrual
7cycle or a male who is under the age of 18 years and has not
8started to develop secondary sex characteristics who presents
9for medical forensic services in relation to injuries or
10trauma resulting from a sexual assault.
11    "Qualified medical provider" means a board-certified child
12abuse pediatrician, board-eligible child abuse pediatrician, a
13sexual assault forensic examiner, or a sexual assault nurse
14examiner who has access to photo documentation tools, and who
15participates in peer review.
16    "Registered Professional Nurse" has the meaning provided
17in Section 50-10 of the Nurse Practice Act.
18    "Sexual assault" means:
19        (1) an act of sexual conduct; as used in this
20    paragraph, "sexual conduct" has the meaning provided under
21    Section 11-0.1 of the Criminal Code of 2012; or
22        (2) any act of sexual penetration; as used in this
23    paragraph, "sexual penetration" has the meaning provided
24    under Section 11-0.1 of the Criminal Code of 2012 and
25    includes, without limitation, acts prohibited under
26    Sections 11-1.20 through 11-1.60 of the Criminal Code of

 

 

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1    2012.
2    "Sexual assault forensic examiner" means a physician or
3physician assistant who has completed training that meets or
4is substantially similar to the Sexual Assault Nurse Examiner
5Education Guidelines established by the International
6Association of Forensic Nurses.
7    "Sexual assault nurse examiner" means an advanced practice
8registered nurse or registered professional nurse who has
9completed a sexual assault nurse examiner training program
10that meets the Sexual Assault Nurse Examiner Education
11Guidelines established by the International Association of
12Forensic Nurses.
13    "Sexual assault services voucher" means a document
14generated by a hospital or approved pediatric health care
15facility at the time the sexual assault survivor receives
16outpatient medical forensic services that may be used to seek
17payment for any ambulance services, medical forensic services,
18laboratory services, pharmacy services, and follow-up
19healthcare provided as a result of the sexual assault.
20    "Sexual assault survivor" means a person who presents for
21medical forensic services in relation to injuries or trauma
22resulting from a sexual assault.
23    "Sexual assault transfer plan" means a written plan
24developed by a hospital and approved by the Department, which
25describes the hospital's procedures for transferring sexual
26assault survivors to another hospital, and an approved

 

 

10200HB0347sam002- 7 -LRB102 10549 CPF 38952 a

1pediatric health care facility, if applicable, in order to
2receive medical forensic services.
3    "Sexual assault treatment plan" means a written plan that
4describes the procedures and protocols for providing medical
5forensic services to sexual assault survivors who present
6themselves for such services, either directly or through
7transfer from a hospital or an approved pediatric health care
8facility.
9    "Transfer hospital" means a hospital with a sexual assault
10transfer plan approved by the Department.
11    "Transfer services" means the appropriate medical
12screening examination and necessary stabilizing treatment
13prior to the transfer of a sexual assault survivor to a
14hospital or an approved pediatric health care facility that
15provides medical forensic services to sexual assault survivors
16pursuant to a sexual assault treatment plan or areawide sexual
17assault treatment plan.
18    "Treatment hospital" means a hospital with a sexual
19assault treatment plan approved by the Department to provide
20medical forensic services to all sexual assault survivors who
21present with a complaint of sexual assault within a minimum of
22the last 7 days or who have disclosed past sexual assault by a
23specific individual and were in the care of that individual
24within a minimum of the last 7 days.
25    "Treatment hospital with approved pediatric transfer"
26means a hospital with a treatment plan approved by the

 

 

10200HB0347sam002- 8 -LRB102 10549 CPF 38952 a

1Department to provide medical forensic services to sexual
2assault survivors 13 years old or older who present with a
3complaint of sexual assault within a minimum of the last 7 days
4or who have disclosed past sexual assault by a specific
5individual and were in the care of that individual within a
6minimum of the last 7 days.
7    (b) This Section is effective on and after January 1, 2024
82022.
9(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
10102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff.
1111-30-21; revised 12-16-21.)
 
12    (410 ILCS 70/1a-1)
13    (Section scheduled to be repealed on December 31, 2023)
14    Sec. 1a-1. Definitions.
15    (a) In this Act:
16    "Advanced practice registered nurse" has the meaning
17provided in Section 50-10 of the Nurse Practice Act.
18    "Ambulance provider" means an individual or entity that
19owns and operates a business or service using ambulances or
20emergency medical services vehicles to transport emergency
21patients.
22    "Approved pediatric health care facility" means a health
23care facility, other than a hospital, with a sexual assault
24treatment plan approved by the Department to provide medical
25forensic services to pediatric sexual assault survivors under

 

 

10200HB0347sam002- 9 -LRB102 10549 CPF 38952 a

1the age of 18 who present with a complaint of sexual assault
2within a minimum of the last 7 days or who have disclosed past
3sexual assault by a specific individual and were in the care of
4that individual within a minimum of the last 7 days.
5    "Approved federally qualified health center" means a
6facility as defined in Section 1905(l)(2)(B) of the federal
7Social Security Act with a sexual assault treatment plan
8approved by the Department to provide medical forensic
9services to sexual assault survivors 13 years old or older who
10present with a complaint of sexual assault within a minimum of
11the last 7 days or who have disclosed past sexual assault by a
12specific individual and were in the care of that individual
13within a minimum of the last 7 days.
14    "Areawide sexual assault treatment plan" means a plan,
15developed by hospitals or by hospitals, approved pediatric
16health care facilities, and approved federally qualified
17health centers in a community or area to be served, which
18provides for medical forensic services to sexual assault
19survivors that shall be made available by each of the
20participating hospitals and approved pediatric health care
21facilities.
22    "Board-certified child abuse pediatrician" means a
23physician certified by the American Board of Pediatrics in
24child abuse pediatrics.
25    "Board-eligible child abuse pediatrician" means a
26physician who has completed the requirements set forth by the

 

 

10200HB0347sam002- 10 -LRB102 10549 CPF 38952 a

1American Board of Pediatrics to take the examination for
2certification in child abuse pediatrics.
3    "Department" means the Department of Public Health.
4    "Emergency contraception" means medication as approved by
5the federal Food and Drug Administration (FDA) that can
6significantly reduce the risk of pregnancy if taken within 72
7hours after sexual assault.
8    "Federally qualified health center" means a facility as
9defined in Section 1905(l)(2)(B) of the federal Social
10Security Act that provides primary care or sexual health
11services.
12    "Follow-up healthcare" means healthcare services related
13to a sexual assault, including laboratory services and
14pharmacy services, rendered within 90 days of the initial
15visit for medical forensic services.
16    "Health care professional" means a physician, a physician
17assistant, a sexual assault forensic examiner, an advanced
18practice registered nurse, a registered professional nurse, a
19licensed practical nurse, or a sexual assault nurse examiner.
20    "Hospital" means a hospital licensed under the Hospital
21Licensing Act or operated under the University of Illinois
22Hospital Act, any outpatient center included in the hospital's
23sexual assault treatment plan where hospital employees provide
24medical forensic services, and an out-of-state hospital that
25has consented to the jurisdiction of the Department under
26Section 2.06-1.

 

 

10200HB0347sam002- 11 -LRB102 10549 CPF 38952 a

1    "Illinois State Police Sexual Assault Evidence Collection
2Kit" means a prepackaged set of materials and forms to be used
3for the collection of evidence relating to sexual assault. The
4standardized evidence collection kit for the State of Illinois
5shall be the Illinois State Police Sexual Assault Evidence
6Collection Kit.
7    "Law enforcement agency having jurisdiction" means the law
8enforcement agency in the jurisdiction where an alleged sexual
9assault or sexual abuse occurred.
10    "Licensed practical nurse" has the meaning provided in
11Section 50-10 of the Nurse Practice Act.
12    "Medical forensic services" means health care delivered to
13patients within or under the care and supervision of personnel
14working in a designated emergency department of a hospital,
15approved pediatric health care facility, or an approved
16federally qualified health centers.
17    "Medical forensic services" includes, but is not limited
18to, taking a medical history, performing photo documentation,
19performing a physical and anogenital examination, assessing
20the patient for evidence collection, collecting evidence in
21accordance with a statewide sexual assault evidence collection
22program administered by the Department of State Police using
23the Illinois State Police Sexual Assault Evidence Collection
24Kit, if appropriate, assessing the patient for
25drug-facilitated or alcohol-facilitated sexual assault,
26providing an evaluation of and care for sexually transmitted

 

 

10200HB0347sam002- 12 -LRB102 10549 CPF 38952 a

1infection and human immunodeficiency virus (HIV), pregnancy
2risk evaluation and care, and discharge and follow-up
3healthcare planning.
4    "Pediatric health care facility" means a clinic or
5physician's office that provides medical services to patients
6under the age of 18 pediatric patients.
7    "Pediatric sexual assault survivor" means a person under
8the age of 13 who presents for medical forensic services in
9relation to injuries or trauma resulting from a sexual
10assault.
11    "Photo documentation" means digital photographs or
12colposcope videos stored and backed up securely in the
13original file format.
14    "Physician" means a person licensed to practice medicine
15in all its branches.
16    "Physician assistant" has the meaning provided in Section
174 of the Physician Assistant Practice Act of 1987.
18    "Prepubescent sexual assault survivor" means a female who
19is under the age of 18 years and has not had a first menstrual
20cycle or a male who is under the age of 18 years and has not
21started to develop secondary sex characteristics who presents
22for medical forensic services in relation to injuries or
23trauma resulting from a sexual assault.
24    "Qualified medical provider" means a board-certified child
25abuse pediatrician, board-eligible child abuse pediatrician, a
26sexual assault forensic examiner, or a sexual assault nurse

 

 

10200HB0347sam002- 13 -LRB102 10549 CPF 38952 a

1examiner who has access to photo documentation tools, and who
2participates in peer review.
3    "Registered Professional Nurse" has the meaning provided
4in Section 50-10 of the Nurse Practice Act.
5    "Sexual assault" means:
6        (1) an act of sexual conduct; as used in this
7    paragraph, "sexual conduct" has the meaning provided under
8    Section 11-0.1 of the Criminal Code of 2012; or
9        (2) any act of sexual penetration; as used in this
10    paragraph, "sexual penetration" has the meaning provided
11    under Section 11-0.1 of the Criminal Code of 2012 and
12    includes, without limitation, acts prohibited under
13    Sections 11-1.20 through 11-1.60 of the Criminal Code of
14    2012.
15    "Sexual assault forensic examiner" means a physician or
16physician assistant who has completed training that meets or
17is substantially similar to the Sexual Assault Nurse Examiner
18Education Guidelines established by the International
19Association of Forensic Nurses.
20    "Sexual assault nurse examiner" means an advanced practice
21registered nurse or registered professional nurse who has
22completed a sexual assault nurse examiner training program
23that meets the Sexual Assault Nurse Examiner Education
24Guidelines established by the International Association of
25Forensic Nurses.
26    "Sexual assault services voucher" means a document

 

 

10200HB0347sam002- 14 -LRB102 10549 CPF 38952 a

1generated by a hospital or approved pediatric health care
2facility at the time the sexual assault survivor receives
3outpatient medical forensic services that may be used to seek
4payment for any ambulance services, medical forensic services,
5laboratory services, pharmacy services, and follow-up
6healthcare provided as a result of the sexual assault.
7    "Sexual assault survivor" means a person who presents for
8medical forensic services in relation to injuries or trauma
9resulting from a sexual assault.
10    "Sexual assault transfer plan" means a written plan
11developed by a hospital and approved by the Department, which
12describes the hospital's procedures for transferring sexual
13assault survivors to another hospital, and an approved
14pediatric health care facility, if applicable, in order to
15receive medical forensic services.
16    "Sexual assault treatment plan" means a written plan that
17describes the procedures and protocols for providing medical
18forensic services to sexual assault survivors who present
19themselves for such services, either directly or through
20transfer from a hospital or an approved pediatric health care
21facility.
22    "Transfer hospital" means a hospital with a sexual assault
23transfer plan approved by the Department.
24    "Transfer services" means the appropriate medical
25screening examination and necessary stabilizing treatment
26prior to the transfer of a sexual assault survivor to a

 

 

10200HB0347sam002- 15 -LRB102 10549 CPF 38952 a

1hospital or an approved pediatric health care facility that
2provides medical forensic services to sexual assault survivors
3pursuant to a sexual assault treatment plan or areawide sexual
4assault treatment plan.
5    "Treatment hospital" means a hospital with a sexual
6assault treatment plan approved by the Department to provide
7medical forensic services to all sexual assault survivors who
8present with a complaint of sexual assault within a minimum of
9the last 7 days or who have disclosed past sexual assault by a
10specific individual and were in the care of that individual
11within a minimum of the last 7 days.
12    "Treatment hospital with approved pediatric transfer"
13means a hospital with a treatment plan approved by the
14Department to provide medical forensic services to sexual
15assault survivors 13 years old or older who present with a
16complaint of sexual assault within a minimum of the last 7 days
17or who have disclosed past sexual assault by a specific
18individual and were in the care of that individual within a
19minimum of the last 7 days.
20    (b) This Section is repealed on December 31, 2023.
21(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
22102-674, eff. 11-30-21.)
 
23    (410 ILCS 70/2)  (from Ch. 111 1/2, par. 87-2)
24    Sec. 2. Hospital and approved pediatric health care
25facility requirements for sexual assault plans.

 

 

10200HB0347sam002- 16 -LRB102 10549 CPF 38952 a

1    (a) Every hospital required to be licensed by the
2Department pursuant to the Hospital Licensing Act, or operated
3under the University of Illinois Hospital Act that provides
4general medical and surgical hospital services shall provide
5either (i) transfer services to all sexual assault survivors,
6(ii) medical forensic services to all sexual assault
7survivors, or (iii) transfer services to pediatric sexual
8assault survivors and medical forensic services to sexual
9assault survivors 13 years old or older, in accordance with
10rules adopted by the Department.
11    In addition, every such hospital, regardless of whether or
12not a request is made for reimbursement, shall submit to the
13Department a plan to provide either (i) transfer services to
14all sexual assault survivors, (ii) medical forensic services
15to all sexual assault survivors, or (iii) transfer services to
16pediatric sexual assault survivors and medical forensic
17services to sexual assault survivors 13 years old or older
18within the time frame established by the Department. The
19Department shall approve such plan for either (i) transfer
20services to all sexual assault survivors, (ii) medical
21forensic services to all sexual assault survivors, or (iii)
22transfer services to pediatric sexual assault survivors and
23medical forensic services to sexual assault survivors 13 years
24old or older, if it finds that the implementation of the
25proposed plan would provide (i) transfer services or (ii)
26medical forensic services for sexual assault survivors in

 

 

10200HB0347sam002- 17 -LRB102 10549 CPF 38952 a

1accordance with the requirements of this Act and provide
2sufficient protections from the risk of pregnancy to sexual
3assault survivors. Notwithstanding anything to the contrary in
4this paragraph, the Department may approve a sexual assault
5transfer plan for the provision of medical forensic services
6if:
7        (1) a treatment hospital with approved pediatric
8    transfer has agreed, as part of an areawide treatment
9    plan, to accept sexual assault survivors 13 years of age
10    or older from the proposed transfer hospital, if the
11    treatment hospital with approved pediatric transfer is
12    geographically closer to the transfer hospital than a
13    treatment hospital or another treatment hospital with
14    approved pediatric transfer and such transfer is not
15    unduly burdensome on the sexual assault survivor; and
16        (2) a treatment hospital has agreed, as a part of an
17    areawide treatment plan, to accept sexual assault
18    survivors under 13 years of age from the proposed transfer
19    hospital and transfer to the treatment hospital would not
20    unduly burden the sexual assault survivor.
21    The Department may not approve a sexual assault transfer
22plan unless a treatment hospital has agreed, as a part of an
23areawide treatment plan, to accept sexual assault survivors
24from the proposed transfer hospital and a transfer to the
25treatment hospital would not unduly burden the sexual assault
26survivor.

 

 

10200HB0347sam002- 18 -LRB102 10549 CPF 38952 a

1    In counties with a population of less than 1,000,000, the
2Department may not approve a sexual assault transfer plan for
3a hospital located within a 20-mile radius of a 4-year public
4university, not including community colleges, unless there is
5a treatment hospital with a sexual assault treatment plan
6approved by the Department within a 20-mile radius of the
74-year public university.
8    A transfer must be in accordance with federal and State
9laws and local ordinances.
10    A treatment hospital with approved pediatric transfer must
11submit an areawide treatment plan under Section 3 of this Act
12that includes a written agreement with a treatment hospital
13stating that the treatment hospital will provide medical
14forensic services to pediatric sexual assault survivors
15transferred from the treatment hospital with approved
16pediatric transfer. The areawide treatment plan may also
17include an approved pediatric health care facility.
18    A transfer hospital must submit an areawide treatment plan
19under Section 3 of this Act that includes a written agreement
20with a treatment hospital stating that the treatment hospital
21will provide medical forensic services to all sexual assault
22survivors transferred from the transfer hospital. The areawide
23treatment plan may also include an approved pediatric health
24care facility. Notwithstanding anything to the contrary in
25this paragraph, the areawide treatment plan may include a
26written agreement with a treatment hospital with approved

 

 

10200HB0347sam002- 19 -LRB102 10549 CPF 38952 a

1pediatric transfer that is geographically closer than other
2hospitals providing medical forensic services to sexual
3assault survivors 13 years of age or older stating that the
4treatment hospital with approved pediatric transfer will
5provide medical services to sexual assault survivors 13 years
6of age or older who are transferred from the transfer
7hospital. If the areawide treatment plan includes a written
8agreement with a treatment hospital with approved pediatric
9transfer, it must also include a written agreement with a
10treatment hospital stating that the treatment hospital will
11provide medical forensic services to sexual assault survivors
12under 13 years of age who are transferred from the transfer
13hospital.
14    Beginning January 1, 2019, each treatment hospital and
15treatment hospital with approved pediatric transfer shall
16ensure that emergency department attending physicians,
17physician assistants, advanced practice registered nurses, and
18registered professional nurses providing clinical services,
19who do not meet the definition of a qualified medical provider
20in Section 1a of this Act, receive a minimum of 2 hours of
21sexual assault training by July 1, 2020 or until the treatment
22hospital or treatment hospital with approved pediatric
23transfer certifies to the Department, in a form and manner
24prescribed by the Department, that it employs or contracts
25with a qualified medical provider in accordance with
26subsection (a-7) of Section 5, whichever occurs first.

 

 

10200HB0347sam002- 20 -LRB102 10549 CPF 38952 a

1    After July 1, 2020 or once a treatment hospital or a
2treatment hospital with approved pediatric transfer certifies
3compliance with subsection (a-7) of Section 5, whichever
4occurs first, each treatment hospital and treatment hospital
5with approved pediatric transfer shall ensure that emergency
6department attending physicians, physician assistants,
7advanced practice registered nurses, and registered
8professional nurses providing clinical services, who do not
9meet the definition of a qualified medical provider in Section
101a of this Act, receive a minimum of 2 hours of continuing
11education on responding to sexual assault survivors every 2
12years. Protocols for training shall be included in the
13hospital's sexual assault treatment plan.
14    Sexual assault training provided under this subsection may
15be provided in person or online and shall include, but not be
16limited to:
17        (1) information provided on the provision of medical
18    forensic services;
19        (2) information on the use of the Illinois Sexual
20    Assault Evidence Collection Kit;
21        (3) information on sexual assault epidemiology,
22    neurobiology of trauma, drug-facilitated sexual assault,
23    child sexual abuse, and Illinois sexual assault-related
24    laws; and
25        (4) information on the hospital's sexual
26    assault-related policies and procedures.

 

 

10200HB0347sam002- 21 -LRB102 10549 CPF 38952 a

1    The online training made available by the Office of the
2Attorney General under subsection (b) of Section 10 may be
3used to comply with this subsection.
4    (a-5) A hospital must submit a plan to provide either (i)
5transfer services to all sexual assault survivors, (ii)
6medical forensic services to all sexual assault survivors, or
7(iii) transfer services to pediatric sexual assault survivors
8and medical forensic services to sexual assault survivors 13
9years old or older as required in subsection (a) of this
10Section within 60 days of the Department's request. Failure to
11submit a plan as described in this subsection shall subject a
12hospital to the imposition of a fine by the Department. The
13Department may impose a fine of up to $500 per day until the
14hospital submits a plan as described in this subsection.
15    (a-10) Upon receipt of a plan as described in subsection
16(a-5), the Department shall notify the hospital whether or not
17the plan is acceptable. If the Department determines that the
18plan is unacceptable, the hospital must submit a modified plan
19within 10 days of service of the notification. If the
20Department determines that the modified plan is unacceptable,
21or if the hospital fails to submit a modified plan within 10
22days, the Department may impose a fine of up to $500 per day
23until an acceptable plan has been submitted, as determined by
24the Department.
25    (b) An approved pediatric health care facility may provide
26medical forensic services, in accordance with rules adopted by

 

 

10200HB0347sam002- 22 -LRB102 10549 CPF 38952 a

1the Department, to all pediatric sexual assault survivors
2under the age of 18 who present for medical forensic services
3in relation to injuries or trauma resulting from a sexual
4assault. These services shall be provided by a qualified
5medical provider.
6    A pediatric health care facility must participate in or
7submit an areawide treatment plan under Section 3 of this Act
8that includes a treatment hospital. If a pediatric health care
9facility does not provide certain medical or surgical services
10that are provided by hospitals, the areawide sexual assault
11treatment plan must include a procedure for ensuring a sexual
12assault survivor in need of such medical or surgical services
13receives the services at the treatment hospital. The areawide
14treatment plan may also include a treatment hospital with
15approved pediatric transfer.
16    The Department shall review a proposed sexual assault
17treatment plan submitted by a pediatric health care facility
18within 60 days after receipt of the plan. If the Department
19finds that the proposed plan meets the minimum requirements
20set forth in Section 5 of this Act and that implementation of
21the proposed plan would provide medical forensic services for
22pediatric sexual assault survivors under the age of 18, then
23the Department shall approve the plan. If the Department does
24not approve a plan, then the Department shall notify the
25pediatric health care facility that the proposed plan has not
26been approved. The pediatric health care facility shall have

 

 

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130 days to submit a revised plan. The Department shall review
2the revised plan within 30 days after receipt of the plan and
3notify the pediatric health care facility whether the revised
4plan is approved or rejected. A pediatric health care facility
5may not provide medical forensic services to pediatric sexual
6assault survivors under the age of 18 who present with a
7complaint of sexual assault within a minimum of the last 7 days
8or who have disclosed past sexual assault by a specific
9individual and were in the care of that individual within a
10minimum of the last 7 days until the Department has approved a
11treatment plan.
12    If an approved pediatric health care facility is not open
1324 hours a day, 7 days a week, it shall post signage at each
14public entrance to its facility that:
15        (1) is at least 14 inches by 14 inches in size;
16        (2) directs those seeking services as follows: "If
17    closed, call 911 for services or go to the closest
18    hospital emergency department, (insert name) located at
19    (insert address).";
20        (3) lists the approved pediatric health care
21    facility's hours of operation;
22        (4) lists the street address of the building;
23        (5) has a black background with white bold capital
24    lettering in a clear and easy to read font that is at least
25    72-point type, and with "call 911" in at least 125-point
26    type;

 

 

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1        (6) is posted clearly and conspicuously on or adjacent
2    to the door at each entrance and, if building materials
3    allow, is posted internally for viewing through glass; if
4    posted externally, the sign shall be made of
5    weather-resistant and theft-resistant materials,
6    non-removable, and adhered permanently to the building;
7    and
8        (7) has lighting that is part of the sign itself or is
9    lit with a dedicated light that fully illuminates the
10    sign.
11    A copy of the proposed sign must be submitted to the
12Department and approved as part of the approved pediatric
13health care facility's sexual assault treatment plan.
14    (c) Each treatment hospital, treatment hospital with
15approved pediatric transfer, and approved pediatric health
16care facility must enter into a memorandum of understanding
17with a rape crisis center for medical advocacy services, if
18these services are available to the treatment hospital,
19treatment hospital with approved pediatric transfer, or
20approved pediatric health care facility. With the consent of
21the sexual assault survivor, a rape crisis counselor shall
22remain in the exam room during the collection for forensic
23evidence.
24    (d) Every treatment hospital, treatment hospital with
25approved pediatric transfer, and approved pediatric health
26care facility's sexual assault treatment plan shall include

 

 

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1procedures for complying with mandatory reporting requirements
2pursuant to (1) the Abused and Neglected Child Reporting Act;
3(2) the Abused and Neglected Long Term Care Facility Residents
4Reporting Act; (3) the Adult Protective Services Act; and (iv)
5the Criminal Identification Act.
6    (e) Each treatment hospital, treatment hospital with
7approved pediatric transfer, and approved pediatric health
8care facility shall submit to the Department every 6 months,
9in a manner prescribed by the Department, the following
10information:
11        (1) The total number of patients who presented with a
12    complaint of sexual assault.
13        (2) The total number of Illinois Sexual Assault
14    Evidence Collection Kits:
15            (A) offered to (i) all sexual assault survivors
16        and (ii) pediatric sexual assault survivors pursuant
17        to paragraph (1.5) of subsection (a-5) of Section 5;
18            (B) completed for (i) all sexual assault survivors
19        and (ii) pediatric sexual assault survivors; and
20            (C) declined by (i) all sexual assault survivors
21        and (ii) pediatric sexual assault survivors.
22    This information shall be made available on the
23Department's website.
24    (f) This Section is effective on and after January 1,
252024.
26(Source: P.A. 101-73, eff. 7-12-19; 101-634, eff. 6-5-20;

 

 

10200HB0347sam002- 26 -LRB102 10549 CPF 38952 a

1102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
 
2    (410 ILCS 70/2-1)
3    (Section scheduled to be repealed on December 31, 2023)
4    Sec. 2-1. Hospital, approved pediatric health care
5facility, and approved federally qualified health center
6requirements for sexual assault plans.
7    (a) Every hospital required to be licensed by the
8Department pursuant to the Hospital Licensing Act, or operated
9under the University of Illinois Hospital Act that provides
10general medical and surgical hospital services shall provide
11either (i) transfer services to all sexual assault survivors,
12(ii) medical forensic services to all sexual assault
13survivors, or (iii) transfer services to pediatric sexual
14assault survivors and medical forensic services to sexual
15assault survivors 13 years old or older, in accordance with
16rules adopted by the Department.
17    In addition, every such hospital, regardless of whether or
18not a request is made for reimbursement, shall submit to the
19Department a plan to provide either (i) transfer services to
20all sexual assault survivors, (ii) medical forensic services
21to all sexual assault survivors, or (iii) transfer services to
22pediatric sexual assault survivors and medical forensic
23services to sexual assault survivors 13 years old or older
24within the time frame established by the Department. The
25Department shall approve such plan for either (i) transfer

 

 

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1services to all sexual assault survivors, (ii) medical
2forensic services to all sexual assault survivors, or (iii)
3transfer services to pediatric sexual assault survivors and
4medical forensic services to sexual assault survivors 13 years
5old or older, if it finds that the implementation of the
6proposed plan would provide (i) transfer services or (ii)
7medical forensic services for sexual assault survivors in
8accordance with the requirements of this Act and provide
9sufficient protections from the risk of pregnancy to sexual
10assault survivors. Notwithstanding anything to the contrary in
11this paragraph, the Department may approve a sexual assault
12transfer plan for the provision of medical forensic services
13if:
14        (1) a treatment hospital with approved pediatric
15    transfer has agreed, as part of an areawide treatment
16    plan, to accept sexual assault survivors 13 years of age
17    or older from the proposed transfer hospital, if the
18    treatment hospital with approved pediatric transfer is
19    geographically closer to the transfer hospital than a
20    treatment hospital or another treatment hospital with
21    approved pediatric transfer and such transfer is not
22    unduly burdensome on the sexual assault survivor; and
23        (2) a treatment hospital has agreed, as a part of an
24    areawide treatment plan, to accept sexual assault
25    survivors under 13 years of age from the proposed transfer
26    hospital and transfer to the treatment hospital would not

 

 

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1    unduly burden the sexual assault survivor.
2    The Department may not approve a sexual assault transfer
3plan unless a treatment hospital has agreed, as a part of an
4areawide treatment plan, to accept sexual assault survivors
5from the proposed transfer hospital and a transfer to the
6treatment hospital would not unduly burden the sexual assault
7survivor.
8    In counties with a population of less than 1,000,000, the
9Department may not approve a sexual assault transfer plan for
10a hospital located within a 20-mile radius of a 4-year public
11university, not including community colleges, unless there is
12a treatment hospital with a sexual assault treatment plan
13approved by the Department within a 20-mile radius of the
144-year public university.
15    A transfer must be in accordance with federal and State
16laws and local ordinances.
17    A treatment hospital with approved pediatric transfer must
18submit an areawide treatment plan under Section 3-1 of this
19Act that includes a written agreement with a treatment
20hospital stating that the treatment hospital will provide
21medical forensic services to pediatric sexual assault
22survivors transferred from the treatment hospital with
23approved pediatric transfer. The areawide treatment plan may
24also include an approved pediatric health care facility.
25    A transfer hospital must submit an areawide treatment plan
26under Section 3-1 of this Act that includes a written

 

 

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1agreement with a treatment hospital stating that the treatment
2hospital will provide medical forensic services to all sexual
3assault survivors transferred from the transfer hospital. The
4areawide treatment plan may also include an approved pediatric
5health care facility. Notwithstanding anything to the contrary
6in this paragraph, the areawide treatment plan may include a
7written agreement with a treatment hospital with approved
8pediatric transfer that is geographically closer than other
9hospitals providing medical forensic services to sexual
10assault survivors 13 years of age or older stating that the
11treatment hospital with approved pediatric transfer will
12provide medical services to sexual assault survivors 13 years
13of age or older who are transferred from the transfer
14hospital. If the areawide treatment plan includes a written
15agreement with a treatment hospital with approved pediatric
16transfer, it must also include a written agreement with a
17treatment hospital stating that the treatment hospital will
18provide medical forensic services to sexual assault survivors
19under 13 years of age who are transferred from the transfer
20hospital.
21    Beginning January 1, 2019, each treatment hospital and
22treatment hospital with approved pediatric transfer shall
23ensure that emergency department attending physicians,
24physician assistants, advanced practice registered nurses, and
25registered professional nurses providing clinical services,
26who do not meet the definition of a qualified medical provider

 

 

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1in Section 1a-1 of this Act, receive a minimum of 2 hours of
2sexual assault training by July 1, 2020 or until the treatment
3hospital or treatment hospital with approved pediatric
4transfer certifies to the Department, in a form and manner
5prescribed by the Department, that it employs or contracts
6with a qualified medical provider in accordance with
7subsection (a-7) of Section 5-1, whichever occurs first.
8    After July 1, 2020 or once a treatment hospital or a
9treatment hospital with approved pediatric transfer certifies
10compliance with subsection (a-7) of Section 5-1, whichever
11occurs first, each treatment hospital and treatment hospital
12with approved pediatric transfer shall ensure that emergency
13department attending physicians, physician assistants,
14advanced practice registered nurses, and registered
15professional nurses providing clinical services, who do not
16meet the definition of a qualified medical provider in Section
171a-1 of this Act, receive a minimum of 2 hours of continuing
18education on responding to sexual assault survivors every 2
19years. Protocols for training shall be included in the
20hospital's sexual assault treatment plan.
21    Sexual assault training provided under this subsection may
22be provided in person or online and shall include, but not be
23limited to:
24        (1) information provided on the provision of medical
25    forensic services;
26        (2) information on the use of the Illinois Sexual

 

 

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1    Assault Evidence Collection Kit;
2        (3) information on sexual assault epidemiology,
3    neurobiology of trauma, drug-facilitated sexual assault,
4    child sexual abuse, and Illinois sexual assault-related
5    laws; and
6        (4) information on the hospital's sexual
7    assault-related policies and procedures.
8    The online training made available by the Office of the
9Attorney General under subsection (b) of Section 10-1 may be
10used to comply with this subsection.
11    (a-5) A hospital must submit a plan to provide either (i)
12transfer services to all sexual assault survivors, (ii)
13medical forensic services to all sexual assault survivors, or
14(iii) transfer services to pediatric sexual assault survivors
15and medical forensic services to sexual assault survivors 13
16years old or older as required in subsection (a) of this
17Section within 60 days of the Department's request. Failure to
18submit a plan as described in this subsection shall subject a
19hospital to the imposition of a fine by the Department. The
20Department may impose a fine of up to $500 per day until the
21hospital submits a plan as described in this subsection. No
22fine shall be taken or assessed until 12 months after the
23effective date of this amendatory Act of the 102nd General
24Assembly.
25    (a-10) Upon receipt of a plan as described in subsection
26(a-5), the Department shall notify the hospital whether or not

 

 

10200HB0347sam002- 32 -LRB102 10549 CPF 38952 a

1the plan is acceptable. If the Department determines that the
2plan is unacceptable, the hospital must submit a modified plan
3within 10 days of service of the notification. If the
4Department determines that the modified plan is unacceptable,
5or if the hospital fails to submit a modified plan within 10
6days, the Department may impose a fine of up to $500 per day
7until an acceptable plan has been submitted, as determined by
8the Department. No fine shall be taken or assessed until 12
9months after the effective date of this amendatory Act of the
10102nd General Assembly.
11    (b) An approved pediatric health care facility may provide
12medical forensic services, in accordance with rules adopted by
13the Department, to all pediatric sexual assault survivors
14under the age of 18 who present for medical forensic services
15in relation to injuries or trauma resulting from a sexual
16assault. These services shall be provided by a qualified
17medical provider.
18    A pediatric health care facility must participate in or
19submit an areawide treatment plan under Section 3-1 of this
20Act that includes a treatment hospital. If a pediatric health
21care facility does not provide certain medical or surgical
22services that are provided by hospitals, the areawide sexual
23assault treatment plan must include a procedure for ensuring a
24sexual assault survivor in need of such medical or surgical
25services receives the services at the treatment hospital. The
26areawide treatment plan may also include a treatment hospital

 

 

10200HB0347sam002- 33 -LRB102 10549 CPF 38952 a

1with approved pediatric transfer.
2    The Department shall review a proposed sexual assault
3treatment plan submitted by a pediatric health care facility
4within 60 days after receipt of the plan. If the Department
5finds that the proposed plan meets the minimum requirements
6set forth in Section 5-1 of this Act and that implementation of
7the proposed plan would provide medical forensic services for
8pediatric sexual assault survivors under the age of 18, then
9the Department shall approve the plan. If the Department does
10not approve a plan, then the Department shall notify the
11pediatric health care facility that the proposed plan has not
12been approved. The pediatric health care facility shall have
1330 days to submit a revised plan. The Department shall review
14the revised plan within 30 days after receipt of the plan and
15notify the pediatric health care facility whether the revised
16plan is approved or rejected. A pediatric health care facility
17may not provide medical forensic services to pediatric sexual
18assault survivors under the age of 18 who present with a
19complaint of sexual assault within a minimum of the last 7 days
20or who have disclosed past sexual assault by a specific
21individual and were in the care of that individual within a
22minimum of the last 7 days until the Department has approved a
23treatment plan.
24    If an approved pediatric health care facility is not open
2524 hours a day, 7 days a week, it shall post signage at each
26public entrance to its facility that:

 

 

10200HB0347sam002- 34 -LRB102 10549 CPF 38952 a

1        (1) is at least 14 inches by 14 inches in size;
2        (2) directs those seeking services as follows: "If
3    closed, call 911 for services or go to the closest
4    hospital emergency department, (insert name) located at
5    (insert address).";
6        (3) lists the approved pediatric health care
7    facility's hours of operation;
8        (4) lists the street address of the building;
9        (5) has a black background with white bold capital
10    lettering in a clear and easy to read font that is at least
11    72-point type, and with "call 911" in at least 125-point
12    type;
13        (6) is posted clearly and conspicuously on or adjacent
14    to the door at each entrance and, if building materials
15    allow, is posted internally for viewing through glass; if
16    posted externally, the sign shall be made of
17    weather-resistant and theft-resistant materials,
18    non-removable, and adhered permanently to the building;
19    and
20        (7) has lighting that is part of the sign itself or is
21    lit with a dedicated light that fully illuminates the
22    sign.
23    (b-5) An approved federally qualified health center may
24provide medical forensic services, in accordance with rules
25adopted by the Department, to all sexual assault survivors 13
26years old or older who present for medical forensic services

 

 

10200HB0347sam002- 35 -LRB102 10549 CPF 38952 a

1in relation to injuries or trauma resulting from a sexual
2assault during the duration, and 90 days thereafter, of a
3proclamation issued by the Governor declaring a disaster, or a
4successive proclamation regarding the same disaster, in all
5102 counties due to a public health emergency. These services
6shall be provided by (i) a qualified medical provider,
7physician, physician assistant, or advanced practice
8registered nurse who has received a minimum of 10 hours of
9sexual assault training provided by a qualified medical
10provider on current Illinois legislation, how to properly
11perform a medical forensic examination, evidence collection,
12drug and alcohol facilitated sexual assault, and forensic
13photography and has all documentation and photos peer reviewed
14by a qualified medical provider or (ii) until the federally
15qualified health care center certifies to the Department, in a
16form and manner prescribed by the Department, that it employs
17or contracts with a qualified medical provider in accordance
18with subsection (a-7) of Section 5-1, whichever occurs first.
19    A federally qualified health center must participate in or
20submit an areawide treatment plan under Section 3-1 of this
21Act that includes a treatment hospital. If a federally
22qualified health center does not provide certain medical or
23surgical services that are provided by hospitals, the areawide
24sexual assault treatment plan must include a procedure for
25ensuring a sexual assault survivor in need of such medical or
26surgical services receives the services at the treatment

 

 

10200HB0347sam002- 36 -LRB102 10549 CPF 38952 a

1hospital. The areawide treatment plan may also include a
2treatment hospital with approved pediatric transfer or an
3approved pediatric health care facility.
4    The Department shall review a proposed sexual assault
5treatment plan submitted by a federally qualified health
6center within 14 days after receipt of the plan. If the
7Department finds that the proposed plan meets the minimum
8requirements set forth in Section 5-1 and that implementation
9of the proposed plan would provide medical forensic services
10for sexual assault survivors 13 years old or older, then the
11Department shall approve the plan. If the Department does not
12approve a plan, then the Department shall notify the federally
13qualified health center that the proposed plan has not been
14approved. The federally qualified health center shall have 14
15days to submit a revised plan. The Department shall review the
16revised plan within 14 days after receipt of the plan and
17notify the federally qualified health center whether the
18revised plan is approved or rejected. A federally qualified
19health center may not (i) provide medical forensic services to
20sexual assault survivors 13 years old or older who present
21with a complaint of sexual assault within a minimum of the
22previous 7 days or (ii) who have disclosed past sexual assault
23by a specific individual and were in the care of that
24individual within a minimum of the previous 7 days until the
25Department has approved a treatment plan.
26    If an approved federally qualified health center is not

 

 

10200HB0347sam002- 37 -LRB102 10549 CPF 38952 a

1open 24 hours a day, 7 days a week, it shall post signage at
2each public entrance to its facility that:
3        (1) is at least 14 inches by 14 inches in size;
4        (2) directs those seeking services as follows: "If
5    closed, call 911 for services or go to the closest
6    hospital emergency department, (insert name) located at
7    (insert address).";
8        (3) lists the approved federally qualified health
9    center's hours of operation;
10        (4) lists the street address of the building;
11        (5) has a black background with white bold capital
12    lettering in a clear and easy to read font that is at least
13    72-point type, and with "call 911" in at least 125-point
14    type;
15        (6) is posted clearly and conspicuously on or adjacent
16    to the door at each entrance and, if building materials
17    allow, is posted internally for viewing through glass; if
18    posted externally, the sign shall be made of
19    weather-resistant and theft-resistant materials,
20    non-removable, and adhered permanently to the building;
21    and
22        (7) has lighting that is part of the sign itself or is
23    lit with a dedicated light that fully illuminates the
24    sign.
25    A copy of the proposed sign must be submitted to the
26Department and approved as part of the approved federally

 

 

10200HB0347sam002- 38 -LRB102 10549 CPF 38952 a

1qualified health center's sexual assault treatment plan.
2    (c) Each treatment hospital, treatment hospital with
3approved pediatric transfer, approved pediatric health care
4facility, and approved federally qualified health center must
5enter into a memorandum of understanding with a rape crisis
6center for medical advocacy services, if these services are
7available to the treatment hospital, treatment hospital with
8approved pediatric transfer, approved pediatric health care
9facility, or approved federally qualified health center. With
10the consent of the sexual assault survivor, a rape crisis
11counselor shall remain in the exam room during the collection
12for forensic evidence.
13    (d) Every treatment hospital, treatment hospital with
14approved pediatric transfer, approved pediatric health care
15facility, and approved federally qualified health center's
16sexual assault treatment plan shall include procedures for
17complying with mandatory reporting requirements pursuant to
18(1) the Abused and Neglected Child Reporting Act; (2) the
19Abused and Neglected Long Term Care Facility Residents
20Reporting Act; (3) the Adult Protective Services Act; and (iv)
21the Criminal Identification Act.
22    (e) Each treatment hospital, treatment hospital with
23approved pediatric transfer, approved pediatric health care
24facility, and approved federally qualified health center shall
25submit to the Department every 6 months, in a manner
26prescribed by the Department, the following information:

 

 

10200HB0347sam002- 39 -LRB102 10549 CPF 38952 a

1        (1) The total number of patients who presented with a
2    complaint of sexual assault.
3        (2) The total number of Illinois Sexual Assault
4    Evidence Collection Kits:
5            (A) offered to (i) all sexual assault survivors
6        and (ii) pediatric sexual assault survivors pursuant
7        to paragraph (1.5) of subsection (a-5) of Section 5-1;
8            (B) completed for (i) all sexual assault survivors
9        and (ii) pediatric sexual assault survivors; and
10            (C) declined by (i) all sexual assault survivors
11        and (ii) pediatric sexual assault survivors.
12    This information shall be made available on the
13Department's website.
14    (f) This Section is repealed on December 31, 2023.
15(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
16102-674, eff. 11-30-21.)
 
17    (410 ILCS 70/2.1)  (from Ch. 111 1/2, par. 87-2.1)
18    Sec. 2.1. Plan of correction; penalties.
19    (a) If the Department surveyor determines that the
20hospital or approved pediatric health care facility is not in
21compliance with its approved plan, the surveyor shall provide
22the hospital or approved pediatric health care facility with a
23written list of the specific items of noncompliance within 10
24working days after the conclusion of the on-site review. The
25hospital shall have 10 working days to submit to the

 

 

10200HB0347sam002- 40 -LRB102 10549 CPF 38952 a

1Department a plan of correction which contains the hospital's
2or approved pediatric health care facility's specific
3proposals for correcting the items of noncompliance. The
4Department shall review the plan of correction and notify the
5hospital in writing within 10 working days as to whether the
6plan is acceptable or unacceptable.
7    If the Department finds the Plan of Correction
8unacceptable, the hospital or approved pediatric health care
9facility shall have 10 working days to resubmit an acceptable
10Plan of Correction. Upon notification that its Plan of
11Correction is acceptable, a hospital or approved pediatric
12health care facility shall implement the Plan of Correction
13within 60 days.
14    (b) The failure of a hospital to submit an acceptable Plan
15of Correction or to implement the Plan of Correction, within
16the time frames required in this Section, will subject a
17hospital to the imposition of a fine by the Department. The
18Department may impose a fine of up to $500 per day until a
19hospital complies with the requirements of this Section. If a
20hospital submits 2 Plans of Correction that are found to not be
21acceptable by the Department, the hospital shall become
22subject to the imposition of a fine by the Department.
23    If an approved pediatric health care facility fails to
24submit an acceptable Plan of Correction or to implement the
25Plan of Correction within the time frames required in this
26Section, then the Department shall notify the approved

 

 

10200HB0347sam002- 41 -LRB102 10549 CPF 38952 a

1pediatric health care facility that the approved pediatric
2health care facility may not provide medical forensic services
3under this Act. The Department may impose a fine of up to $500
4per patient provided services in violation of this Act. If an
5approved pediatric facility submits 2 Plans of Correction that
6are found to not be acceptable by the Department, the approved
7pediatric health care facility shall become subject to the
8imposition of a fine by the Department and the termination of
9its approved sexual assault treatment plan.
10    (c) Before imposing a fine pursuant to this Section, the
11Department shall provide the hospital or approved pediatric
12health care facility via certified mail with written notice
13and an opportunity for an administrative hearing. Such hearing
14must be requested within 10 working days after receipt of the
15Department's Notice. All hearings shall be conducted in
16accordance with the Department's rules in administrative
17hearings.
18    (d) This Section is effective on and after January 1,
192024.
20(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
21102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
 
22    (410 ILCS 70/2.1-1)
23    (Section scheduled to be repealed on December 31, 2023)
24    Sec. 2.1-1. Plan of correction; penalties.
25    (a) If the Department surveyor determines that the

 

 

10200HB0347sam002- 42 -LRB102 10549 CPF 38952 a

1hospital, approved pediatric health care facility, or approved
2federally qualified health center is not in compliance with
3its approved plan, the surveyor shall provide the hospital,
4approved pediatric health care facility, or approved federally
5qualified health center with a written list of the specific
6items of noncompliance within 10 working days after the
7conclusion of the on-site review. The hospital, approved
8pediatric health care facility, or approved federally
9qualified health center shall have 10 working days to submit
10to the Department a plan of correction which contains the
11hospital's, approved pediatric health care facility's, or
12approved federally qualified health center's specific
13proposals for correcting the items of noncompliance. The
14Department shall review the plan of correction and notify the
15hospital, approved pediatric health care facility, or approved
16federally qualified health center in writing within 10 working
17days as to whether the plan is acceptable or unacceptable.
18    If the Department finds the Plan of Correction
19unacceptable, the hospital, approved pediatric health care
20facility, or approved federally qualified health center shall
21have 10 working days to resubmit an acceptable Plan of
22Correction. Upon notification that its Plan of Correction is
23acceptable, a hospital, approved pediatric health care
24facility, or approved federally qualified health center shall
25implement the Plan of Correction within 60 days.
26    (b) The failure of a hospital to submit an acceptable Plan

 

 

10200HB0347sam002- 43 -LRB102 10549 CPF 38952 a

1of Correction or to implement the Plan of Correction, within
2the time frames required in this Section, will subject a
3hospital to the imposition of a fine by the Department. If a
4hospital submits 2 Plans of Correction that are found to not be
5acceptable by the Department, the facility shall become
6subject to the imposition of a fine by the Department. The
7Department may impose a fine of up to $500 per day until a
8hospital complies with the requirements of this Section. No
9fine shall be taken or assessed until 12 months after the
10effective date of this amendatory Act of the 102nd General
11Assembly.
12    If an approved pediatric health care facility or approved
13federally qualified health center fails to submit an
14acceptable Plan of Correction or to implement the Plan of
15Correction within the time frames required in this Section,
16then the Department shall notify the approved pediatric health
17care facility or approved federally qualified health center
18that the approved pediatric health care facility or approved
19federally qualified health center may not provide medical
20forensic services under this Act. If an approved pediatric
21health care facility or approved federally qualified health
22center submits 2 Plans of Correction that are found to not be
23acceptable by the Department, the facility shall become
24subject to the imposition of a fine by the Department and the
25termination of its approved sexual assault treatment plan. The
26Department may impose a fine of up to $500 per patient provided

 

 

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1services in violation of this Act. No fine shall be taken or
2assessed until 12 months after the effective date of this
3amendatory Act of the 102nd General Assembly.
4    (c) Before imposing a fine pursuant to this Section, the
5Department shall provide the hospital, or approved pediatric
6health care facility, or approved federally qualified health
7center via certified mail with written notice and an
8opportunity for an administrative hearing. Such hearing must
9be requested within 10 working days after receipt of the
10Department's Notice. All hearings shall be conducted in
11accordance with the Department's rules in administrative
12hearings.
13    (d) This Section is repealed on December 31, 2023.
14(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
15102-674, eff. 11-30-21.)
 
16    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
17    Sec. 5. Minimum requirements for medical forensic services
18provided to sexual assault survivors by hospitals and approved
19pediatric health care facilities.
20    (a) Every hospital and approved pediatric health care
21facility providing medical forensic services to sexual assault
22survivors under this Act shall, as minimum requirements for
23such services, provide, with the consent of the sexual assault
24survivor, and as ordered by the attending physician, an
25advanced practice registered nurse, or a physician assistant,

 

 

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1the services set forth in subsection (a-5).
2    A Beginning January 1, 2023, a qualified medical provider
3must provide the services set forth in subsection (a-5).
4    (a-5) A treatment hospital, a treatment hospital with
5approved pediatric transfer, or an approved pediatric health
6care facility shall provide the following services in
7accordance with subsection (a):
8        (1) Appropriate medical forensic services without
9    delay, in a private, age-appropriate or
10    developmentally-appropriate space, required to ensure the
11    health, safety, and welfare of a sexual assault survivor
12    and which may be used as evidence in a criminal proceeding
13    against a person accused of the sexual assault, in a
14    proceeding under the Juvenile Court Act of 1987, or in an
15    investigation under the Abused and Neglected Child
16    Reporting Act.
17        Records of medical forensic services, including
18    results of examinations and tests, the Illinois State
19    Police Medical Forensic Documentation Forms, the Illinois
20    State Police Patient Discharge Materials, and the Illinois
21    State Police Patient Consent: Collect and Test Evidence or
22    Collect and Hold Evidence Form, shall be maintained by the
23    hospital or approved pediatric health care facility as
24    part of the patient's electronic medical record.
25        Records of medical forensic services of sexual assault
26    survivors under the age of 18 shall be retained by the

 

 

10200HB0347sam002- 46 -LRB102 10549 CPF 38952 a

1    hospital for a period of 60 years after the sexual assault
2    survivor reaches the age of 18. Records of medical
3    forensic services of sexual assault survivors 18 years of
4    age or older shall be retained by the hospital for a period
5    of 20 years after the date the record was created.
6        Records of medical forensic services may only be
7    disseminated in accordance with Section 6.5 of this Act
8    and other State and federal law.
9        (1.5) An offer to complete the Illinois Sexual Assault
10    Evidence Collection Kit for any sexual assault survivor
11    who presents within a minimum of the last 7 days of the
12    assault or who has disclosed past sexual assault by a
13    specific individual and was in the care of that individual
14    within a minimum of the last 7 days.
15            (A) Appropriate oral and written information
16        concerning evidence-based guidelines for the
17        appropriateness of evidence collection depending on
18        the sexual development of the sexual assault survivor,
19        the type of sexual assault, and the timing of the
20        sexual assault shall be provided to the sexual assault
21        survivor. Evidence collection is encouraged for
22        prepubescent sexual assault survivors who present to a
23        hospital or approved pediatric health care facility
24        with a complaint of sexual assault within a minimum of
25        96 hours after the sexual assault.
26            Before January 1, 2023, the information required

 

 

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1        under this subparagraph shall be provided in person by
2        the health care professional providing medical
3        forensic services directly to the sexual assault
4        survivor.
5            The On and after January 1, 2023, the information
6        required under this subparagraph shall be provided in
7        person by the qualified medical provider providing
8        medical forensic services directly to the sexual
9        assault survivor.
10            The written information provided shall be the
11        information created in accordance with Section 10 of
12        this Act.
13            (B) Following the discussion regarding the
14        evidence-based guidelines for evidence collection in
15        accordance with subparagraph (A), evidence collection
16        must be completed at the sexual assault survivor's
17        request. A sexual assault nurse examiner conducting an
18        examination using the Illinois State Police Sexual
19        Assault Evidence Collection Kit may do so without the
20        presence or participation of a physician.
21        (2) Appropriate oral and written information
22    concerning the possibility of infection, sexually
23    transmitted infection, including an evaluation of the
24    sexual assault survivor's risk of contracting human
25    immunodeficiency virus (HIV) from sexual assault, and
26    pregnancy resulting from sexual assault.

 

 

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1        (3) Appropriate oral and written information
2    concerning accepted medical procedures, laboratory tests,
3    medication, and possible contraindications of such
4    medication available for the prevention or treatment of
5    infection or disease resulting from sexual assault.
6        (3.5) After a medical evidentiary or physical
7    examination, access to a shower at no cost, unless
8    showering facilities are unavailable.
9        (4) An amount of medication, including HIV
10    prophylaxis, for treatment at the hospital or approved
11    pediatric health care facility and after discharge as is
12    deemed appropriate by the attending physician, an advanced
13    practice registered nurse, or a physician assistant in
14    accordance with the Centers for Disease Control and
15    Prevention guidelines and consistent with the hospital's
16    or approved pediatric health care facility's current
17    approved protocol for sexual assault survivors.
18        (5) Photo documentation of the sexual assault
19    survivor's injuries, anatomy involved in the assault, or
20    other visible evidence on the sexual assault survivor's
21    body to supplement the medical forensic history and
22    written documentation of physical findings and evidence
23    beginning July 1, 2019. Photo documentation does not
24    replace written documentation of the injury.
25        (6) Written and oral instructions indicating the need
26    for follow-up examinations and laboratory tests after the

 

 

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1    sexual assault to determine the presence or absence of
2    sexually transmitted infection.
3        (7) Referral by hospital or approved pediatric health
4    care facility personnel for appropriate counseling.
5        (8) Medical advocacy services provided by a rape
6    crisis counselor whose communications are protected under
7    Section 8-802.1 of the Code of Civil Procedure, if there
8    is a memorandum of understanding between the hospital or
9    approved pediatric health care facility and a rape crisis
10    center. With the consent of the sexual assault survivor, a
11    rape crisis counselor shall remain in the exam room during
12    the medical forensic examination.
13        (9) Written information regarding services provided by
14    a Children's Advocacy Center and rape crisis center, if
15    applicable.
16        (10) A treatment hospital, a treatment hospital with
17    approved pediatric transfer, an out-of-state hospital as
18    defined in Section 5.4, or an approved pediatric health
19    care facility shall comply with the rules relating to the
20    collection and tracking of sexual assault evidence adopted
21    by the Illinois State Police under Section 50 of the
22    Sexual Assault Evidence Submission Act.
23        (11) Written information regarding the Illinois State
24    Police sexual assault evidence tracking system.
25    (a-7) Every By January 1, 2023, every hospital with a
26treatment plan approved by the Department shall employ or

 

 

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1contract with a qualified medical provider to initiate medical
2forensic services to a sexual assault survivor within 90
3minutes of the patient presenting to the treatment hospital or
4treatment hospital with approved pediatric transfer. The
5provision of medical forensic services by a qualified medical
6provider shall not delay the provision of life-saving medical
7care.
8    (b) Any person who is a sexual assault survivor who seeks
9medical forensic services or follow-up healthcare under this
10Act shall be provided such services without the consent of any
11parent, guardian, custodian, surrogate, or agent. If a sexual
12assault survivor is unable to consent to medical forensic
13services, the services may be provided under the Consent by
14Minors to Health Care Services Medical Procedures Act, the
15Health Care Surrogate Act, or other applicable State and
16federal laws.
17    (b-5) Every hospital or approved pediatric health care
18facility providing medical forensic services to sexual assault
19survivors shall issue a voucher to any sexual assault survivor
20who is eligible to receive one in accordance with Section 5.2
21of this Act. The hospital shall make a copy of the voucher and
22place it in the medical record of the sexual assault survivor.
23The hospital shall provide a copy of the voucher to the sexual
24assault survivor after discharge upon request.
25    (c) Nothing in this Section creates a physician-patient
26relationship that extends beyond discharge from the hospital

 

 

10200HB0347sam002- 51 -LRB102 10549 CPF 38952 a

1or approved pediatric health care facility.
2    (d) This Section is effective on and after January 1, 2024
32022.
4(Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19;
5101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff.
68-20-21; 102-674, eff. 11-30-21; revised 12-16-21.)
 
7    (410 ILCS 70/5-1)
8    (Section scheduled to be repealed on December 31, 2023)
9    Sec. 5-1. Minimum requirements for medical forensic
10services provided to sexual assault survivors by hospitals,
11approved pediatric health care facilities, and approved
12federally qualified health centers.
13    (a) Every hospital, approved pediatric health care
14facility, and approved federally qualified health center
15providing medical forensic services to sexual assault
16survivors under this Act shall, as minimum requirements for
17such services, provide, with the consent of the sexual assault
18survivor, and as ordered by the attending physician, an
19advanced practice registered nurse, or a physician assistant,
20the services set forth in subsection (a-5).
21    Beginning January 1, 2023, a qualified medical provider
22must provide the services set forth in subsection (a-5).
23    (a-5) A treatment hospital, a treatment hospital with
24approved pediatric transfer, or an approved pediatric health
25care facility, or an approved federally qualified health

 

 

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1center shall provide the following services in accordance with
2subsection (a):
3        (1) Appropriate medical forensic services without
4    delay, in a private, age-appropriate or
5    developmentally-appropriate space, required to ensure the
6    health, safety, and welfare of a sexual assault survivor
7    and which may be used as evidence in a criminal proceeding
8    against a person accused of the sexual assault, in a
9    proceeding under the Juvenile Court Act of 1987, or in an
10    investigation under the Abused and Neglected Child
11    Reporting Act.
12        Records of medical forensic services, including
13    results of examinations and tests, the Illinois State
14    Police Medical Forensic Documentation Forms, the Illinois
15    State Police Patient Discharge Materials, and the Illinois
16    State Police Patient Consent: Collect and Test Evidence or
17    Collect and Hold Evidence Form, shall be maintained by the
18    hospital or approved pediatric health care facility as
19    part of the patient's electronic medical record.
20        Records of medical forensic services of sexual assault
21    survivors under the age of 18 shall be retained by the
22    hospital for a period of 60 years after the sexual assault
23    survivor reaches the age of 18. Records of medical
24    forensic services of sexual assault survivors 18 years of
25    age or older shall be retained by the hospital for a period
26    of 20 years after the date the record was created.

 

 

10200HB0347sam002- 53 -LRB102 10549 CPF 38952 a

1        Records of medical forensic services may only be
2    disseminated in accordance with Section 6.5-1 of this Act
3    and other State and federal law.
4        (1.5) An offer to complete the Illinois Sexual Assault
5    Evidence Collection Kit for any sexual assault survivor
6    who presents within a minimum of the last 7 days of the
7    assault or who has disclosed past sexual assault by a
8    specific individual and was in the care of that individual
9    within a minimum of the last 7 days.
10            (A) Appropriate oral and written information
11        concerning evidence-based guidelines for the
12        appropriateness of evidence collection depending on
13        the sexual development of the sexual assault survivor,
14        the type of sexual assault, and the timing of the
15        sexual assault shall be provided to the sexual assault
16        survivor. Evidence collection is encouraged for
17        prepubescent sexual assault survivors who present to a
18        hospital or approved pediatric health care facility
19        with a complaint of sexual assault within a minimum of
20        96 hours after the sexual assault.
21            Before January 1, 2023, the information required
22        under this subparagraph shall be provided in person by
23        the health care professional providing medical
24        forensic services directly to the sexual assault
25        survivor.
26            On and after January 1, 2023, the information

 

 

10200HB0347sam002- 54 -LRB102 10549 CPF 38952 a

1        required under this subparagraph shall be provided in
2        person by the qualified medical provider providing
3        medical forensic services directly to the sexual
4        assault survivor.
5            The written information provided shall be the
6        information created in accordance with Section 10-1 of
7        this Act.
8            (B) Following the discussion regarding the
9        evidence-based guidelines for evidence collection in
10        accordance with subparagraph (A), evidence collection
11        must be completed at the sexual assault survivor's
12        request. A sexual assault nurse examiner conducting an
13        examination using the Illinois State Police Sexual
14        Assault Evidence Collection Kit may do so without the
15        presence or participation of a physician.
16        (2) Appropriate oral and written information
17    concerning the possibility of infection, sexually
18    transmitted infection, including an evaluation of the
19    sexual assault survivor's risk of contracting human
20    immunodeficiency virus (HIV) from sexual assault, and
21    pregnancy resulting from sexual assault.
22        (3) Appropriate oral and written information
23    concerning accepted medical procedures, laboratory tests,
24    medication, and possible contraindications of such
25    medication available for the prevention or treatment of
26    infection or disease resulting from sexual assault.

 

 

10200HB0347sam002- 55 -LRB102 10549 CPF 38952 a

1        (3.5) After a medical evidentiary or physical
2    examination, access to a shower at no cost, unless
3    showering facilities are unavailable.
4        (4) An amount of medication, including HIV
5    prophylaxis, for treatment at the hospital or approved
6    pediatric health care facility and after discharge as is
7    deemed appropriate by the attending physician, an advanced
8    practice registered nurse, or a physician assistant in
9    accordance with the Centers for Disease Control and
10    Prevention guidelines and consistent with the hospital's
11    or approved pediatric health care facility's current
12    approved protocol for sexual assault survivors.
13        (5) Photo documentation of the sexual assault
14    survivor's injuries, anatomy involved in the assault, or
15    other visible evidence on the sexual assault survivor's
16    body to supplement the medical forensic history and
17    written documentation of physical findings and evidence
18    beginning July 1, 2019. Photo documentation does not
19    replace written documentation of the injury.
20        (6) Written and oral instructions indicating the need
21    for follow-up examinations and laboratory tests after the
22    sexual assault to determine the presence or absence of
23    sexually transmitted infection.
24        (7) Referral by hospital or approved pediatric health
25    care facility personnel for appropriate counseling.
26        (8) Medical advocacy services provided by a rape

 

 

10200HB0347sam002- 56 -LRB102 10549 CPF 38952 a

1    crisis counselor whose communications are protected under
2    Section 8-802.1 of the Code of Civil Procedure, if there
3    is a memorandum of understanding between the hospital or
4    approved pediatric health care facility and a rape crisis
5    center. With the consent of the sexual assault survivor, a
6    rape crisis counselor shall remain in the exam room during
7    the medical forensic examination.
8        (9) Written information regarding services provided by
9    a Children's Advocacy Center and rape crisis center, if
10    applicable.
11        (10) A treatment hospital, a treatment hospital with
12    approved pediatric transfer, an out-of-state hospital as
13    defined in Section 5.4, or an approved pediatric health
14    care facility shall comply with the rules relating to the
15    collection and tracking of sexual assault evidence adopted
16    by the Department of State Police under Section 50 of the
17    Sexual Assault Evidence Submission Act.
18        (11) Written information regarding the Illinois State
19    Police sexual assault evidence tracking system.
20    (a-7) By January 1, 2023, every hospital with a treatment
21plan approved by the Department shall employ or contract with
22a qualified medical provider to initiate medical forensic
23services to a sexual assault survivor within 90 minutes of the
24patient presenting to the treatment hospital or treatment
25hospital with approved pediatric transfer. The provision of
26medical forensic services by a qualified medical provider

 

 

10200HB0347sam002- 57 -LRB102 10549 CPF 38952 a

1shall not delay the provision of life-saving medical care.
2    (b) Any person who is a sexual assault survivor who seeks
3medical forensic services or follow-up healthcare under this
4Act shall be provided such services without the consent of any
5parent, guardian, custodian, surrogate, or agent. If a sexual
6assault survivor is unable to consent to medical forensic
7services, the services may be provided under the Consent by
8Minors to Health Care Services Medical Procedures Act, the
9Health Care Surrogate Act, or other applicable State and
10federal laws.
11    (b-5) Every hospital, approved pediatric health care
12facility, or approved federally qualified health center
13providing medical forensic services to sexual assault
14survivors shall issue a voucher to any sexual assault survivor
15who is eligible to receive one in accordance with Section
165.2-1 of this Act. The hospital, approved pediatric health
17care facility, or approved federally qualified health center
18shall make a copy of the voucher and place it in the medical
19record of the sexual assault survivor. The hospital, approved
20pediatric health care facility, or approved federally
21qualified health center shall provide a copy of the voucher to
22the sexual assault survivor after discharge upon request.
23    (c) Nothing in this Section creates a physician-patient
24relationship that extends beyond discharge from the hospital,
25or approved pediatric health care facility, or approved
26federally qualified health center.

 

 

10200HB0347sam002- 58 -LRB102 10549 CPF 38952 a

1    (d) This Section is repealed on December 31, 2023.
2(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
3102-674, eff. 11-30-21.)
 
4    (410 ILCS 70/5.4)
5    Sec. 5.4. Out-of-state hospitals.
6    (a) Nothing in this Section shall prohibit the transfer of
7a patient in need of medical services from a hospital that has
8been designated as a trauma center by the Department in
9accordance with Section 3.90 of the Emergency Medical Services
10(EMS) Systems Act.
11    (b) A transfer hospital, treatment hospital with approved
12pediatric transfer, or approved pediatric health care facility
13may transfer a sexual assault survivor to an out-of-state
14hospital that is located in a county that borders Illinois has
15been designated as a trauma center by the Department under
16Section 3.90 of the Emergency Medical Services (EMS) Systems
17Act if the out-of-state hospital: (1) submits an areawide
18treatment plan approved by the Department; and (2) has
19certified the following to the Department in a form and manner
20prescribed by the Department that the out-of-state hospital
21will:
22        (i) consent to the jurisdiction of the Department in
23    accordance with Section 2.06 of this Act;
24        (ii) comply with all requirements of this Act
25    applicable to treatment hospitals, including, but not

 

 

10200HB0347sam002- 59 -LRB102 10549 CPF 38952 a

1    limited to, offering evidence collection to any Illinois
2    sexual assault survivor who presents with a complaint of
3    sexual assault within a minimum of the last 7 days or who
4    has disclosed past sexual assault by a specific individual
5    and was in the care of that individual within a minimum of
6    the last 7 days and not billing the sexual assault
7    survivor for medical forensic services or 90 days of
8    follow-up healthcare;
9        (iii) use an Illinois State Police Sexual Assault
10    Evidence Collection Kit to collect forensic evidence from
11    an Illinois sexual assault survivor;
12        (iv) ensure its staff cooperates with Illinois law
13    enforcement agencies and are responsive to subpoenas
14    issued by Illinois courts; and
15        (v) provide appropriate transportation upon the
16    completion of medical forensic services back to the
17    transfer hospital or treatment hospital with pediatric
18    transfer where the sexual assault survivor initially
19    presented seeking medical forensic services, unless the
20    sexual assault survivor chooses to arrange his or her own
21    transportation.
22    (c) Subsection (b) of this Section is inoperative on and
23after January 1, 2029 2024.
24(Source: P.A. 100-775, eff. 1-1-19.)
 
25    (410 ILCS 70/9.5)

 

 

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1    (Section scheduled to be repealed on January 1, 2024)
2    Sec. 9.5. Sexual Assault Medical Forensic Services
3Implementation Task Force.
4    (a) The Sexual Assault Medical Forensic Services
5Implementation Task Force is created to assist hospitals and
6approved pediatric health care facilities with the
7implementation of the changes made by this amendatory Act of
8the l00th General Assembly. The Task Force shall consist of
9the following members, who shall serve without compensation:
10        (1) one member of the Senate appointed by the
11    President of the Senate, who may designate an alternate
12    member;
13        (2) one member of the Senate appointed by the Minority
14    Leader of the Senate, who may designate an alternate
15    member;
16        (3) one member of the House of Representatives
17    appointed by the Speaker of the House of Representatives,
18    who may designate an alternate member;
19        (4) one member of the House of Representatives
20    appointed by the Minority Leader of the House of
21    Representatives, who may designate an alternate member;
22        (5) two members representing the Office of the
23    Attorney General appointed by the Attorney General, one of
24    whom shall be the Sexual Assault Nurse Examiner
25    Coordinator for the State of Illinois;
26        (6) one member representing the Department of Public

 

 

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1    Health appointed by the Director of Public Health;
2        (7) one member representing the Illinois State Police
3    appointed by the Director of the Illinois State Police;
4        (8) one member representing the Department of
5    Healthcare and Family Services appointed by the Director
6    of Healthcare and Family Services;
7        (9) six members representing hospitals appointed by
8    the head of a statewide organization representing the
9    interests of hospitals in Illinois, at least one of whom
10    shall represent small and rural hospitals and at least one
11    of these members shall represent urban hospitals;
12        (10) one member representing physicians appointed by
13    the head of a statewide organization representing the
14    interests of physicians in Illinois;
15        (11) one member representing emergency physicians
16    appointed by the head of a statewide organization
17    representing the interests of emergency physicians in
18    Illinois;
19        (12) two members representing child abuse
20    pediatricians appointed by the head of a statewide
21    organization representing the interests of child abuse
22    pediatricians in Illinois, at least one of whom shall
23    represent child abuse pediatricians providing medical
24    forensic services in rural locations and at least one of
25    whom shall represent child abuse pediatricians providing
26    medical forensic services in urban locations;

 

 

10200HB0347sam002- 62 -LRB102 10549 CPF 38952 a

1        (13) one member representing nurses appointed by the
2    head of a statewide organization representing the
3    interests of nurses in Illinois;
4        (14) two members representing sexual assault nurse
5    examiners appointed by the head of a statewide
6    organization representing the interests of forensic nurses
7    in Illinois, at least one of whom shall represent
8    pediatric/adolescent sexual assault nurse examiners and at
9    least one of these members shall represent
10    adult/adolescent sexual assault nurse examiners;
11        (15) one member representing State's Attorneys
12    appointed by the head of a statewide organization
13    representing the interests of State's Attorneys in
14    Illinois;
15        (16) three members representing sexual assault
16    survivors appointed by the head of a statewide
17    organization representing the interests of sexual assault
18    survivors and rape crisis centers, at least one of whom
19    shall represent rural rape crisis centers and at least one
20    of whom shall represent urban rape crisis centers; and
21        (17) two members one member representing children's
22    advocacy centers appointed by the head of a statewide
23    organization representing the interests of children's
24    advocacy centers in Illinois, one of whom represents rural
25    child advocacy centers and one of whom represents urban
26    child advocacy centers.

 

 

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1    The members representing the Office of the Attorney
2General and the Department of Public Health shall serve as
3co-chairpersons of the Task Force. The Office of the Attorney
4General shall provide administrative and other support to the
5Task Force.
6    (b) The first meeting of the Task Force shall be called by
7the co-chairpersons no later than 90 days after the effective
8date of this Section.
9    (c) The goals of the Task Force shall include, but not be
10limited to, the following:
11        (1) to facilitate the development of areawide
12    treatment plans among hospitals and pediatric health care
13    facilities;
14        (2) to facilitate the development of on-call systems
15    of qualified medical providers and assist hospitals with
16    the development of plans to employ or contract with a
17    qualified medical provider to initiate medical forensic
18    services to a sexual assault survivor within 90 minutes of
19    the patient presenting to the hospital as required in
20    subsection (a-7) of Section 5;
21        (3) to identify photography and storage options for
22    hospitals to comply with the photo documentation
23    requirements in Sections 5 and 5.1;
24        (4) to develop a model written agreement for use by
25    rape crisis centers, hospitals, and approved pediatric
26    health care facilities with sexual assault treatment plans

 

 

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1    to comply with subsection (c) of Section 2;
2        (5) to develop and distribute educational information
3    regarding the implementation of this Act to hospitals,
4    health care providers, rape crisis centers, children's
5    advocacy centers, State's Attorney's offices;
6        (6) to examine the role of telemedicine in the
7    provision of medical forensic services under this Act and
8    to develop recommendations for statutory change and
9    standards and procedures for the use of telemedicine to be
10    adopted by the Department;
11        (7) to seek inclusion of the International Association
12    of Forensic Nurses Sexual Assault Nurse Examiner Education
13    Guidelines for nurses within the registered nurse training
14    curriculum in Illinois nursing programs and the American
15    College of Emergency Physicians Management of the Patient
16    with the Complaint of Sexual Assault for emergency
17    physicians within the Illinois residency training
18    curriculum for emergency physicians; and
19        (8) to submit a report to the General Assembly by
20    January 1, 2024 2023 regarding the status of
21    implementation of this amendatory Act of the 100th General
22    Assembly, including, but not limited to, the impact of
23    transfers to out-of-state hospitals on sexual assault
24    survivors, and the availability of treatment hospitals in
25    Illinois, and the status of pediatric sexual assault care.
26    The ; the report to the General Assembly shall be filed

 

 

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1    with the Clerk of the House of Representatives and the
2    Secretary of the Senate in electronic form only, in the
3    manner that the Clerk and the Secretary shall direct.
4    (d) This Section is repealed on January 1, 2025 2024.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    Section 99. Effective date. This Act takes effect January
71, 2023, except that this Section and the changes to Section
89.5 of the Sexual Assault Survivors Emergency Treatment Act
9take effect upon becoming law.".