Illinois General Assembly - Full Text of SB0970
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Full Text of SB0970  102nd General Assembly

SB0970sam003 102ND GENERAL ASSEMBLY

Sen. Rachelle Crowe

Filed: 3/28/2022

 

 


 

 


 
10200SB0970sam003LRB102 04884 CPF 38226 a

1
AMENDMENT TO SENATE BILL 970

2    AMENDMENT NO. ______. Amend Senate Bill 970, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Sexual Assault Survivors Emergency
6Treatment Act is amended by changing Sections 1a, 1a-1, 2,
72-1, 2.1, 2.1-1, 5, 5-1, and 5.4 and by adding Section 1b as
8follows:
 
9    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
10    Sec. 1a. Definitions.
11    (a) In this Act:
12    "Advanced practice registered nurse" has the meaning
13provided in Section 50-10 of the Nurse Practice Act.
14    "Ambulance provider" means an individual or entity that
15owns and operates a business or service using ambulances or
16emergency medical services vehicles to transport emergency

 

 

10200SB0970sam003- 2 -LRB102 04884 CPF 38226 a

1patients.
2    "Approved pediatric health care facility" means a health
3care facility, other than a hospital, with a sexual assault
4treatment plan approved by the Department to provide medical
5forensic services to: (A) pediatric sexual assault survivors
6who present with a complaint of sexual assault within a
7minimum of 96 hours the last 7 days or who have disclosed past
8sexual assault by a specific individual and were in the care of
9that individual within a minimum of 96 hours; and (B) sexual
10assault survivors at least 13 years of age but under 18 years
11of age who present with a complaint of sexual assault within a
12minimum of the last 7 days or who have disclosed past sexual
13assault by a specific individual and were in the care of that
14individual within a minimum of the last 7 days.
15    "Areawide sexual assault treatment plan" means a plan,
16developed by hospitals or by hospitals and approved pediatric
17health care facilities in a community or area to be served,
18which provides 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

 

 

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

 

 

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1shall be the Illinois State Police Sexual Assault Evidence
2Collection Kit.
3    "Law enforcement agency having jurisdiction" means the law
4enforcement agency in the jurisdiction where an alleged sexual
5assault or sexual abuse occurred.
6    "Licensed practical nurse" has the meaning provided in
7Section 50-10 of the Nurse Practice Act.
8    "Medical forensic services" means health care delivered to
9patients within or under the care and supervision of personnel
10working in a designated emergency department of a hospital or
11an approved pediatric health care facility. "Medical forensic
12services" includes, but is not limited to, taking a medical
13history, performing photo documentation, performing a physical
14and anogenital examination, assessing the patient for evidence
15collection, collecting evidence in accordance with a statewide
16sexual assault evidence collection program administered by the
17Illinois State Police using the Illinois State Police Sexual
18Assault Evidence Collection Kit, if appropriate, assessing the
19patient for drug-facilitated or alcohol-facilitated sexual
20assault, providing an evaluation of and care for sexually
21transmitted infection and human immunodeficiency virus (HIV),
22pregnancy risk evaluation and care, and discharge and
23follow-up healthcare planning.
24    "Pediatric health care facility" means a clinic or
25physician's office that provides medical services to patients
26under the age of 18 pediatric patients.

 

 

10200SB0970sam003- 5 -LRB102 04884 CPF 38226 a

1    "Pediatric sexual assault survivor" means a person under
2the age of 13 who presents for medical forensic services in
3relation to injuries or trauma resulting from a sexual
4assault.
5    "Photo documentation" means digital photographs or
6colposcope videos stored and backed up securely in the
7original file format.
8    "Physician" means a person licensed to practice medicine
9in all its branches.
10    "Physician assistant" has the meaning provided in Section
114 of the Physician Assistant Practice Act of 1987.
12    "Prepubescent sexual assault survivor" means a female who
13is under the age of 18 years and has not had a first menstrual
14cycle or a male who is under the age of 18 years and has not
15started to develop secondary sex characteristics who presents
16for medical forensic services in relation to injuries or
17trauma resulting from a sexual assault.
18    "Qualified medical provider" means a board-certified child
19abuse pediatrician, board-eligible child abuse pediatrician, a
20sexual assault forensic examiner, or a sexual assault nurse
21examiner who has access to photo documentation tools, and who
22participates in peer review.
23    "Registered Professional Nurse" has the meaning provided
24in Section 50-10 of the Nurse Practice Act.
25    "Sexual assault" means:
26        (1) an act of sexual conduct; as used in this

 

 

10200SB0970sam003- 6 -LRB102 04884 CPF 38226 a

1    paragraph, "sexual conduct" has the meaning provided under
2    Section 11-0.1 of the Criminal Code of 2012; or
3        (2) any act of sexual penetration; as used in this
4    paragraph, "sexual penetration" has the meaning provided
5    under Section 11-0.1 of the Criminal Code of 2012 and
6    includes, without limitation, acts prohibited under
7    Sections 11-1.20 through 11-1.60 of the Criminal Code of
8    2012.
9    "Sexual assault forensic examiner" means a physician or
10physician assistant who has completed training that meets or
11is substantially similar to the Sexual Assault Nurse Examiner
12Education Guidelines established by the International
13Association of Forensic Nurses.
14    "Sexual assault nurse examiner" means an advanced practice
15registered nurse or registered professional nurse who has
16completed a sexual assault nurse examiner training program
17that meets the Sexual Assault Nurse Examiner Education
18Guidelines established by the International Association of
19Forensic Nurses.
20    "Sexual assault services voucher" means a document
21generated by a hospital or approved pediatric health care
22facility at the time the sexual assault survivor receives
23outpatient medical forensic services that may be used to seek
24payment for any ambulance services, medical forensic services,
25laboratory services, pharmacy services, and follow-up
26healthcare provided as a result of the sexual assault.

 

 

10200SB0970sam003- 7 -LRB102 04884 CPF 38226 a

1    "Sexual assault survivor" means a person who presents for
2medical forensic services in relation to injuries or trauma
3resulting from a sexual assault.
4    "Sexual assault transfer plan" means a written plan
5developed by a hospital and approved by the Department, which
6describes the hospital's procedures for transferring sexual
7assault survivors to another hospital, and an approved
8pediatric health care facility, if applicable, in order to
9receive medical forensic services.
10    "Sexual assault treatment plan" means a written plan that
11describes the procedures and protocols for providing medical
12forensic services to sexual assault survivors who present
13themselves for such services, either directly or through
14transfer from a hospital or an approved pediatric health care
15facility.
16    "Transfer hospital" means a hospital with a sexual assault
17transfer plan approved by the Department.
18    "Transfer services" means the appropriate medical
19screening examination and necessary stabilizing treatment
20prior to the transfer of a sexual assault survivor to a
21hospital or an approved pediatric health care facility that
22provides medical forensic services to sexual assault survivors
23pursuant to a sexual assault treatment plan or areawide sexual
24assault treatment plan.
25    "Treatment hospital" means a hospital with a sexual
26assault treatment plan approved by the Department to provide

 

 

10200SB0970sam003- 8 -LRB102 04884 CPF 38226 a

1medical forensic services to: (A) all sexual assault survivors
213 years of age or older who present with a complaint of sexual
3assault within a minimum of the last 7 days or who have
4disclosed past sexual assault by a specific individual and
5were in the care of that individual within a minimum of the
6last 7 days; and (B) pediatric sexual assault survivors who
7present with a complaint of sexual assault within a minimum of
896 hours or who have disclosed past sexual assault by a
9specific individual and were in the care of that individual
10within a minimum of 96 hours.
11    "Treatment hospital with approved pediatric transfer"
12means a hospital with a treatment plan approved by the
13Department to provide medical forensic services to sexual
14assault survivors 13 years old or older who present with a
15complaint of sexual assault within a minimum of the last 7 days
16or who have disclosed past sexual assault by a specific
17individual and were in the care of that individual within a
18minimum of the last 7 days.
19    (b) This Section is effective on and after January 1, 2024
202022.
21(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
22102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff.
2311-30-21; revised 12-16-21.)
 
24    (410 ILCS 70/1a-1)
25    (Section scheduled to be repealed on December 31, 2023)

 

 

10200SB0970sam003- 9 -LRB102 04884 CPF 38226 a

1    Sec. 1a-1. Definitions.
2    (a) In this Act:
3    "Advanced practice registered nurse" has the meaning
4provided in Section 50-10 of the Nurse Practice Act.
5    "Ambulance provider" means an individual or entity that
6owns and operates a business or service using ambulances or
7emergency medical services vehicles to transport emergency
8patients.
9    "Approved pediatric health care facility" means a health
10care facility, other than a hospital, with a sexual assault
11treatment plan approved by the Department to provide medical
12forensic services to: (A) pediatric sexual assault survivors
13who present with a complaint of sexual assault within a
14minimum of 96 hours the last 7 days or who have disclosed past
15sexual assault by a specific individual and were in the care of
16that individual within a minimum of 96 hours; and (B) sexual
17assault survivors at least 13 years of age but under 18 years
18of age who present with a complaint of sexual assault within a
19minimum of the last 7 days or who have disclosed past sexual
20assault by a specific individual and were in the care of that
21individual within a minimum of the last 7 days.
22    "Approved federally qualified health center" means a
23facility as defined in Section 1905(l)(2)(B) of the federal
24Social Security Act with a sexual assault treatment plan
25approved by the Department to provide medical forensic
26services to sexual assault survivors 13 years old or older who

 

 

10200SB0970sam003- 10 -LRB102 04884 CPF 38226 a

1present with a complaint of sexual assault within a minimum of
2the last 7 days or who have disclosed past sexual assault by a
3specific individual and were in the care of that individual
4within a minimum of the last 7 days.
5    "Areawide sexual assault treatment plan" means a plan,
6developed by hospitals or by hospitals, approved pediatric
7health care facilities, and approved federally qualified
8health centers in a community or area to be served, which
9provides for medical forensic services to sexual assault
10survivors that shall be made available by each of the
11participating hospitals and approved pediatric health care
12facilities.
13    "Board-certified child abuse pediatrician" means a
14physician certified by the American Board of Pediatrics in
15child abuse pediatrics.
16    "Board-eligible child abuse pediatrician" means a
17physician who has completed the requirements set forth by the
18American Board of Pediatrics to take the examination for
19certification in child abuse pediatrics.
20    "Department" means the Department of Public Health.
21    "Emergency contraception" means medication as approved by
22the federal Food and Drug Administration (FDA) that can
23significantly reduce the risk of pregnancy if taken within 72
24hours after sexual assault.
25    "Federally qualified health center" means a facility as
26defined in Section 1905(l)(2)(B) of the federal Social

 

 

10200SB0970sam003- 11 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 12 -LRB102 04884 CPF 38226 a

1    "Licensed practical nurse" has the meaning provided in
2Section 50-10 of the Nurse Practice Act.
3    "Medical forensic services" means health care delivered to
4patients within or under the care and supervision of personnel
5working in a designated emergency department of a hospital,
6approved pediatric health care facility, or an approved
7federally qualified health centers.
8    "Medical forensic services" includes, but is not limited
9to, taking a medical history, performing photo documentation,
10performing a physical and anogenital examination, assessing
11the patient for evidence collection, collecting evidence in
12accordance with a statewide sexual assault evidence collection
13program administered by the Department of State Police using
14the Illinois State Police Sexual Assault Evidence Collection
15Kit, if appropriate, assessing the patient for
16drug-facilitated or alcohol-facilitated sexual assault,
17providing an evaluation of and care for sexually transmitted
18infection and human immunodeficiency virus (HIV), pregnancy
19risk evaluation and care, and discharge and follow-up
20healthcare planning.
21    "Pediatric health care facility" means a clinic or
22physician's office that provides medical services to patients
23under the age of 18 pediatric patients.
24    "Pediatric sexual assault survivor" means a person under
25the age of 13 who presents for medical forensic services in
26relation to injuries or trauma resulting from a sexual

 

 

10200SB0970sam003- 13 -LRB102 04884 CPF 38226 a

1assault.
2    "Photo documentation" means digital photographs or
3colposcope videos stored and backed up securely in the
4original file format.
5    "Physician" means a person licensed to practice medicine
6in all its branches.
7    "Physician assistant" has the meaning provided in Section
84 of the Physician Assistant Practice Act of 1987.
9    "Prepubescent sexual assault survivor" means a female who
10is under the age of 18 years and has not had a first menstrual
11cycle or a male who is under the age of 18 years and has not
12started to develop secondary sex characteristics who presents
13for medical forensic services in relation to injuries or
14trauma resulting from a sexual assault.
15    "Qualified medical provider" means a board-certified child
16abuse pediatrician, board-eligible child abuse pediatrician, a
17sexual assault forensic examiner, or a sexual assault nurse
18examiner who has access to photo documentation tools, and who
19participates in peer review.
20    "Registered Professional Nurse" has the meaning provided
21in Section 50-10 of the Nurse Practice Act.
22    "Sexual assault" means:
23        (1) an act of sexual conduct; as used in this
24    paragraph, "sexual conduct" has the meaning provided under
25    Section 11-0.1 of the Criminal Code of 2012; or
26        (2) any act of sexual penetration; as used in this

 

 

10200SB0970sam003- 14 -LRB102 04884 CPF 38226 a

1    paragraph, "sexual penetration" has the meaning provided
2    under Section 11-0.1 of the Criminal Code of 2012 and
3    includes, without limitation, acts prohibited under
4    Sections 11-1.20 through 11-1.60 of the Criminal Code of
5    2012.
6    "Sexual assault forensic examiner" means a physician or
7physician assistant who has completed training that meets or
8is substantially similar to the Sexual Assault Nurse Examiner
9Education Guidelines established by the International
10Association of Forensic Nurses.
11    "Sexual assault nurse examiner" means an advanced practice
12registered nurse or registered professional nurse who has
13completed a sexual assault nurse examiner training program
14that meets the Sexual Assault Nurse Examiner Education
15Guidelines established by the International Association of
16Forensic Nurses.
17    "Sexual assault services voucher" means a document
18generated by a hospital or approved pediatric health care
19facility at the time the sexual assault survivor receives
20outpatient medical forensic services that may be used to seek
21payment for any ambulance services, medical forensic services,
22laboratory services, pharmacy services, and follow-up
23healthcare provided as a result of the sexual assault.
24    "Sexual assault survivor" means a person who presents for
25medical forensic services in relation to injuries or trauma
26resulting from a sexual assault.

 

 

10200SB0970sam003- 15 -LRB102 04884 CPF 38226 a

1    "Sexual assault transfer plan" means a written plan
2developed by a hospital and approved by the Department, which
3describes the hospital's procedures for transferring sexual
4assault survivors to another hospital, and an approved
5pediatric health care facility, if applicable, in order to
6receive medical forensic services.
7    "Sexual assault treatment plan" means a written plan that
8describes the procedures and protocols for providing medical
9forensic services to sexual assault survivors who present
10themselves for such services, either directly or through
11transfer from a hospital or an approved pediatric health care
12facility.
13    "Transfer hospital" means a hospital with a sexual assault
14transfer plan approved by the Department.
15    "Transfer services" means the appropriate medical
16screening examination and necessary stabilizing treatment
17prior to the transfer of a sexual assault survivor to a
18hospital or an approved pediatric health care facility that
19provides medical forensic services to sexual assault survivors
20pursuant to a sexual assault treatment plan or areawide sexual
21assault treatment plan.
22    "Treatment hospital" means a hospital with a sexual
23assault treatment plan approved by the Department to provide
24medical forensic services to: (A) all sexual assault survivors
2513 years of age or older who present with a complaint of sexual
26assault within a minimum of the last 7 days or who have

 

 

10200SB0970sam003- 16 -LRB102 04884 CPF 38226 a

1disclosed past sexual assault by a specific individual and
2were in the care of that individual within a minimum of the
3last 7 days; and (B) pediatric sexual assault survivors who
4present with a complaint of sexual assault within a minimum of
596 hours or who have disclosed past sexual assault by a
6specific individual and were in the care of that individual
7within a minimum of 96 hours.
8    "Treatment hospital with approved pediatric transfer"
9means a hospital with a treatment plan approved by the
10Department to provide medical forensic services to sexual
11assault survivors 13 years old or older who present with a
12complaint of sexual assault within a minimum of the last 7 days
13or who have disclosed past sexual assault by a specific
14individual and were in the care of that individual within a
15minimum of the last 7 days.
16    (b) This Section is repealed on December 31, 2023.
17(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
18102-674, eff. 11-30-21.)
 
19    (410 ILCS 70/1b new)
20    Sec. 1b. Subsequent medical forensic services; pediatric
21sexual assault survivors. Medical forensic services, as
22defined in this Act, including the evidence collection kit,
23may be offered to pediatric sexual assault survivors who
24present with a complaint of sexual assault or who have
25disclosed past sexual assault past 96 hours at the clinical

 

 

10200SB0970sam003- 17 -LRB102 04884 CPF 38226 a

1discretion of the qualified medical provider. All pediatric
2sexual assault survivors have access to a multidisciplinary
3team as defined in Section 2.5 of the Children's Advocacy
4Center Act. A member of the multidisciplinary team may access
5a qualified medical provider to determine the need for
6evidence collection beyond 96 hours.
 
7    (410 ILCS 70/2)  (from Ch. 111 1/2, par. 87-2)
8    Sec. 2. Hospital and approved pediatric health care
9facility requirements for sexual assault plans.
10    (a) Every hospital required to be licensed by the
11Department pursuant to the Hospital Licensing Act, or operated
12under the University of Illinois Hospital Act that provides
13general medical and surgical hospital services shall provide
14either (i) transfer services to all sexual assault survivors,
15(ii) medical forensic services to all sexual assault
16survivors, or (iii) transfer services to pediatric sexual
17assault survivors and medical forensic services to sexual
18assault survivors 13 years old or older, in accordance with
19rules adopted by the Department.
20    In addition, every such hospital, regardless of whether or
21not a request is made for reimbursement, shall submit to the
22Department a plan to provide either (i) transfer services to
23all sexual assault survivors, (ii) medical forensic services
24to all sexual assault survivors, or (iii) transfer services to
25pediatric sexual assault survivors and medical forensic

 

 

10200SB0970sam003- 18 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 19 -LRB102 04884 CPF 38226 a

1    areawide treatment plan, to accept sexual assault
2    survivors under 13 years of age from the proposed transfer
3    hospital and transfer to the treatment hospital would not
4    unduly burden the sexual assault survivor.
5    The Department may not approve a sexual assault transfer
6plan unless a treatment hospital has agreed, as a part of an
7areawide treatment plan, to accept sexual assault survivors
8from the proposed transfer hospital and a transfer to the
9treatment hospital would not unduly burden the sexual assault
10survivor.
11    In counties with a population of less than 1,000,000, the
12Department may not approve a sexual assault transfer plan for
13a hospital located within a 20-mile radius of a 4-year public
14university, not including community colleges, unless there is
15a treatment hospital or out-of-state hospital with a sexual
16assault treatment plan approved by the Department within a
1730-mile 20-mile radius of the 4-year public university. A
18hospital located within a 20-mile radius of a 4-year public
19university, not including community colleges, may be approved
20as a treatment hospital with pediatric transfer if there is a
21treatment hospital or out-of-state hospital with a sexual
22assault treatment plan within a 30-mile radius of the 4-year
23public university.
24    A transfer must be in accordance with federal and State
25laws and local ordinances.
26    A treatment hospital with approved pediatric transfer must

 

 

10200SB0970sam003- 20 -LRB102 04884 CPF 38226 a

1submit an areawide treatment plan under Section 3 of this Act
2that includes a written agreement with a treatment hospital
3stating that the treatment hospital will provide medical
4forensic services to pediatric sexual assault survivors
5transferred from the treatment hospital with approved
6pediatric transfer. The areawide treatment plan may also
7include an approved pediatric health care facility.
8    A transfer hospital must submit an areawide treatment plan
9under Section 3 of this Act that includes a written agreement
10with a treatment hospital stating that the treatment hospital
11will provide medical forensic services to all sexual assault
12survivors transferred from the transfer hospital. The areawide
13treatment plan may also include an approved pediatric health
14care facility. Notwithstanding anything to the contrary in
15this paragraph, the areawide treatment plan may include a
16written agreement with a treatment hospital with approved
17pediatric transfer that is geographically closer than other
18hospitals providing medical forensic services to sexual
19assault survivors 13 years of age or older stating that the
20treatment hospital with approved pediatric transfer will
21provide medical services to sexual assault survivors 13 years
22of age or older who are transferred from the transfer
23hospital. If the areawide treatment plan includes a written
24agreement with a treatment hospital with approved pediatric
25transfer, it must also include a written agreement with a
26treatment hospital stating that the treatment hospital will

 

 

10200SB0970sam003- 21 -LRB102 04884 CPF 38226 a

1provide medical forensic services to sexual assault survivors
2under 13 years of age who are transferred from the transfer
3hospital.
4    Beginning January 1, 2019, each treatment hospital and
5treatment hospital with approved pediatric transfer shall
6ensure that emergency department attending physicians,
7physician assistants, advanced practice registered nurses, and
8registered professional nurses providing clinical services,
9who do not meet the definition of a qualified medical provider
10in Section 1a of this Act, receive a minimum of 2 hours of
11sexual assault training by July 1, 2020 or until the treatment
12hospital or treatment hospital with approved pediatric
13transfer certifies to the Department, in a form and manner
14prescribed by the Department, that it employs or contracts
15with a qualified medical provider in accordance with
16subsection (a-7) of Section 5, whichever occurs first.
17    After July 1, 2020 or once a treatment hospital or a
18treatment hospital with approved pediatric transfer certifies
19compliance with subsection (a-7) of Section 5, whichever
20occurs first, each treatment hospital and treatment hospital
21with approved pediatric transfer shall ensure that emergency
22department attending physicians, physician assistants,
23advanced practice registered nurses, and registered
24professional nurses providing clinical services, who do not
25meet the definition of a qualified medical provider in Section
261a of this Act, receive a minimum of 2 hours of continuing

 

 

10200SB0970sam003- 22 -LRB102 04884 CPF 38226 a

1education on responding to sexual assault survivors every 2
2years. Protocols for training shall be included in the
3hospital's sexual assault treatment plan.
4    Sexual assault training provided under this subsection may
5be provided in person or online and shall include, but not be
6limited to:
7        (1) information provided on the provision of medical
8    forensic services;
9        (2) information on the use of the Illinois Sexual
10    Assault Evidence Collection Kit;
11        (3) information on sexual assault epidemiology,
12    neurobiology of trauma, drug-facilitated sexual assault,
13    child sexual abuse, and Illinois sexual assault-related
14    laws; and
15        (4) information on the hospital's sexual
16    assault-related policies and procedures.
17    The online training made available by the Office of the
18Attorney General under subsection (b) of Section 10 may be
19used to comply with this subsection.
20    (a-5) A hospital must submit a plan to provide either (i)
21transfer services to all sexual assault survivors, (ii)
22medical forensic services to all sexual assault survivors, or
23(iii) transfer services to pediatric sexual assault survivors
24and medical forensic services to sexual assault survivors 13
25years old or older as required in subsection (a) of this
26Section within 60 days of the Department's request. Failure to

 

 

10200SB0970sam003- 23 -LRB102 04884 CPF 38226 a

1submit a plan as described in this subsection shall subject a
2hospital to the imposition of a fine by the Department. The
3Department may impose a fine of up to $500 per day until the
4hospital submits a plan as described in this subsection.
5    (a-10) Upon receipt of a plan as described in subsection
6(a-5), the Department shall notify the hospital whether or not
7the plan is acceptable. If the Department determines that the
8plan is unacceptable, the hospital must submit a modified plan
9within 10 days of service of the notification. If the
10Department determines that the modified plan is unacceptable,
11or if the hospital fails to submit a modified plan within 10
12days, the Department may impose a fine of up to $500 per day
13until an acceptable plan has been submitted, as determined by
14the Department.
15    (b) An approved pediatric health care facility may provide
16medical forensic services, in accordance with rules adopted by
17the Department, to all pediatric sexual assault survivors who
18present for medical forensic services in relation to injuries
19or trauma resulting from a sexual assault. These services
20shall be provided by a qualified medical provider.
21    A pediatric health care facility must participate in or
22submit an areawide treatment plan under Section 3 of this Act
23that includes a treatment hospital. If a pediatric health care
24facility does not provide certain medical or surgical services
25that are provided by hospitals, the areawide sexual assault
26treatment plan must include a procedure for ensuring a sexual

 

 

10200SB0970sam003- 24 -LRB102 04884 CPF 38226 a

1assault survivor in need of such medical or surgical services
2receives the services at the treatment hospital. The areawide
3treatment plan may also include a treatment hospital with
4approved pediatric transfer.
5    The Department shall review a proposed sexual assault
6treatment plan submitted by a pediatric health care facility
7within 60 days after receipt of the plan. If the Department
8finds that the proposed plan meets the minimum requirements
9set forth in Section 5 of this Act and that implementation of
10the proposed plan would provide medical forensic services for
11pediatric sexual assault survivors, then the Department shall
12approve the plan. If the Department does not approve a plan,
13then the Department shall notify the pediatric health care
14facility that the proposed plan has not been approved. The
15pediatric health care facility shall have 30 days to submit a
16revised plan. The Department shall review the revised plan
17within 30 days after receipt of the plan and notify the
18pediatric health care facility whether the revised plan is
19approved or rejected. Until the Department has approved a
20treatment plan, a A pediatric health care facility may not
21provide medical forensic services to pediatric sexual assault
22survivors who present with a complaint of sexual assault
23within a minimum of 96 hours the last 7 days or who have
24disclosed past sexual assault by a specific individual and
25were in the care of that individual within a minimum of 96
26hours the last 7 days until the Department has approved a

 

 

10200SB0970sam003- 25 -LRB102 04884 CPF 38226 a

1treatment plan.
2    If an approved pediatric health care facility is not open
324 hours a day, 7 days a week, it shall post signage at each
4public entrance to its facility that:
5        (1) is at least 14 inches by 14 inches in size;
6        (2) directs those seeking services as follows: "If
7    closed, call 911 for services or go to the closest
8    hospital emergency department, (insert name) located at
9    (insert address).";
10        (3) lists the approved pediatric health care
11    facility's hours of operation;
12        (4) lists the street address of the building;
13        (5) has a black background with white bold capital
14    lettering in a clear and easy to read font that is at least
15    72-point type, and with "call 911" in at least 125-point
16    type;
17        (6) is posted clearly and conspicuously on or adjacent
18    to the door at each entrance and, if building materials
19    allow, is posted internally for viewing through glass; if
20    posted externally, the sign shall be made of
21    weather-resistant and theft-resistant materials,
22    non-removable, and adhered permanently to the building;
23    and
24        (7) has lighting that is part of the sign itself or is
25    lit with a dedicated light that fully illuminates the
26    sign.

 

 

10200SB0970sam003- 26 -LRB102 04884 CPF 38226 a

1    A copy of the proposed sign must be submitted to the
2Department and approved as part of the approved pediatric
3health care facility's sexual assault treatment plan.
4    (c) Each treatment hospital, treatment hospital with
5approved pediatric transfer, and approved pediatric health
6care facility must enter into a memorandum of understanding
7with a rape crisis center for medical advocacy services, if
8these services are available to the treatment hospital,
9treatment hospital with approved pediatric transfer, or
10approved pediatric health care facility. With the consent of
11the sexual assault survivor, a rape crisis counselor shall
12remain in the exam room during the collection for forensic
13evidence.
14    (d) Every treatment hospital, treatment hospital with
15approved pediatric transfer, and approved pediatric health
16care facility's sexual assault treatment plan shall include
17procedures for complying with mandatory reporting requirements
18pursuant to (1) the Abused and Neglected Child Reporting Act;
19(2) the Abused 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, and approved pediatric health
24care facility shall submit to the Department every 6 months,
25in a manner prescribed by the Department, the following
26information:

 

 

10200SB0970sam003- 27 -LRB102 04884 CPF 38226 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;
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 effective on and after January 1,
152024.
16(Source: P.A. 101-73, eff. 7-12-19; 101-634, eff. 6-5-20;
17102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
 
18    (410 ILCS 70/2-1)
19    (Section scheduled to be repealed on December 31, 2023)
20    Sec. 2-1. Hospital, approved pediatric health care
21facility, and approved federally qualified health center
22requirements for sexual assault plans.
23    (a) Every hospital required to be licensed by the
24Department pursuant to the Hospital Licensing Act, or operated
25under the University of Illinois Hospital Act that provides

 

 

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

 

 

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1this paragraph, the Department may approve a sexual assault
2transfer plan for the provision of medical forensic services
3if:
4        (1) a treatment hospital with approved pediatric
5    transfer has agreed, as part of an areawide treatment
6    plan, to accept sexual assault survivors 13 years of age
7    or older from the proposed transfer hospital, if the
8    treatment hospital with approved pediatric transfer is
9    geographically closer to the transfer hospital than a
10    treatment hospital or another treatment hospital with
11    approved pediatric transfer and such transfer is not
12    unduly burdensome on the sexual assault survivor; and
13        (2) a treatment hospital has agreed, as a part of an
14    areawide treatment plan, to accept sexual assault
15    survivors under 13 years of age from the proposed transfer
16    hospital and transfer to the treatment hospital would not
17    unduly burden the sexual assault survivor.
18    The Department may not approve a sexual assault transfer
19plan unless a treatment hospital has agreed, as a part of an
20areawide treatment plan, to accept sexual assault survivors
21from the proposed transfer hospital and a transfer to the
22treatment hospital would not unduly burden the sexual assault
23survivor.
24    In counties with a population of less than 1,000,000, the
25Department may not approve a sexual assault transfer plan for
26a hospital located within a 20-mile radius of a 4-year public

 

 

10200SB0970sam003- 30 -LRB102 04884 CPF 38226 a

1university, not including community colleges, unless there is
2a treatment hospital or out-of-state hospital with a sexual
3assault treatment plan approved by the Department within a
430-mile 20-mile radius of the 4-year public university. A
5hospital located within a 20-mile radius of a 4-year public
6university, not including community colleges, may be approved
7as a treatment hospital with pediatric transfer if there is a
8treatment hospital or out-of-state hospital with a sexual
9assault treatment plan within a 30-mile radius of the 4-year
10public university.
11    A transfer must be in accordance with federal and State
12laws and local ordinances.
13    A treatment hospital with approved pediatric transfer must
14submit an areawide treatment plan under Section 3-1 of this
15Act that includes a written agreement with a treatment
16hospital stating that the treatment hospital will provide
17medical forensic services to pediatric sexual assault
18survivors transferred from the treatment hospital with
19approved pediatric transfer. The areawide treatment plan may
20also include an approved pediatric health care facility.
21    A transfer hospital must submit an areawide treatment plan
22under Section 3-1 of this Act that includes a written
23agreement with a treatment hospital stating that the treatment
24hospital will provide medical forensic services to all sexual
25assault survivors transferred from the transfer hospital. The
26areawide treatment plan may also include an approved pediatric

 

 

10200SB0970sam003- 31 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 32 -LRB102 04884 CPF 38226 a

1prescribed by the Department, that it employs or contracts
2with a qualified medical provider in accordance with
3subsection (a-7) of Section 5-1, whichever occurs first.
4    After July 1, 2020 or once a treatment hospital or a
5treatment hospital with approved pediatric transfer certifies
6compliance with subsection (a-7) of Section 5-1, whichever
7occurs first, each treatment hospital and treatment hospital
8with approved pediatric transfer shall ensure that emergency
9department attending physicians, physician assistants,
10advanced practice registered nurses, and registered
11professional nurses providing clinical services, who do not
12meet the definition of a qualified medical provider in Section
131a-1 of this Act, receive a minimum of 2 hours of continuing
14education on responding to sexual assault survivors every 2
15years. Protocols for training shall be included in the
16hospital's sexual assault treatment plan.
17    Sexual assault training provided under this subsection may
18be provided in person or online and shall include, but not be
19limited to:
20        (1) information provided on the provision of medical
21    forensic services;
22        (2) information on the use of the Illinois Sexual
23    Assault Evidence Collection Kit;
24        (3) information on sexual assault epidemiology,
25    neurobiology of trauma, drug-facilitated sexual assault,
26    child sexual abuse, and Illinois sexual assault-related

 

 

10200SB0970sam003- 33 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 34 -LRB102 04884 CPF 38226 a

1or if the hospital fails to submit a modified plan within 10
2days, the Department may impose a fine of up to $500 per day
3until an acceptable plan has been submitted, as determined by
4the Department. No fine shall be taken or assessed until 12
5months after the effective date of this amendatory Act of the
6102nd General Assembly.
7    (b) An approved pediatric health care facility may provide
8medical forensic services, in accordance with rules adopted by
9the Department, to all pediatric sexual assault survivors who
10present for medical forensic services in relation to injuries
11or trauma resulting from a sexual assault. These services
12shall be provided by a qualified medical provider.
13    A pediatric health care facility must participate in or
14submit an areawide treatment plan under Section 3-1 of this
15Act that includes a treatment hospital. If a pediatric health
16care facility does not provide certain medical or surgical
17services that are provided by hospitals, the areawide sexual
18assault treatment plan must include a procedure for ensuring a
19sexual assault survivor in need of such medical or surgical
20services receives the services at the treatment hospital. The
21areawide treatment plan may also include a treatment hospital
22with approved pediatric transfer.
23    The Department shall review a proposed sexual assault
24treatment plan submitted by a pediatric health care facility
25within 60 days after receipt of the plan. If the Department
26finds that the proposed plan meets the minimum requirements

 

 

10200SB0970sam003- 35 -LRB102 04884 CPF 38226 a

1set forth in Section 5-1 of this Act and that implementation of
2the proposed plan would provide medical forensic services for
3pediatric sexual assault survivors, then the Department shall
4approve the plan. If the Department does not approve a plan,
5then the Department shall notify the pediatric health care
6facility that the proposed plan has not been approved. The
7pediatric health care facility shall have 30 days to submit a
8revised plan. The Department shall review the revised plan
9within 30 days after receipt of the plan and notify the
10pediatric health care facility whether the revised plan is
11approved or rejected. Until the Department has approved a
12treatment plan, a A pediatric health care facility may not
13provide medical forensic services to pediatric sexual assault
14survivors who present with a complaint of sexual assault
15within a minimum of 96 hours the last 7 days or who have
16disclosed past sexual assault by a specific individual and
17were in the care of that individual within a minimum of 96
18hours the last 7 days until the Department has approved a
19treatment plan.
20    If an approved pediatric health care facility is not open
2124 hours a day, 7 days a week, it shall post signage at each
22public entrance to its facility that:
23        (1) is at least 14 inches by 14 inches in size;
24        (2) directs those seeking services as follows: "If
25    closed, call 911 for services or go to the closest
26    hospital emergency department, (insert name) located at

 

 

10200SB0970sam003- 36 -LRB102 04884 CPF 38226 a

1    (insert address).";
2        (3) lists the approved pediatric health care
3    facility's hours of operation;
4        (4) lists the street address of the building;
5        (5) has a black background with white bold capital
6    lettering in a clear and easy to read font that is at least
7    72-point type, and with "call 911" in at least 125-point
8    type;
9        (6) is posted clearly and conspicuously on or adjacent
10    to the door at each entrance and, if building materials
11    allow, is posted internally for viewing through glass; if
12    posted externally, the sign shall be made of
13    weather-resistant and theft-resistant materials,
14    non-removable, and adhered permanently to the building;
15    and
16        (7) has lighting that is part of the sign itself or is
17    lit with a dedicated light that fully illuminates the
18    sign.
19    (b-5) An approved federally qualified health center may
20provide medical forensic services, in accordance with rules
21adopted by the Department, to all sexual assault survivors 13
22years old or older who present for medical forensic services
23in relation to injuries or trauma resulting from a sexual
24assault during the duration, and 90 days thereafter, of a
25proclamation issued by the Governor declaring a disaster, or a
26successive proclamation regarding the same disaster, in all

 

 

10200SB0970sam003- 37 -LRB102 04884 CPF 38226 a

1102 counties due to a public health emergency. These services
2shall be provided by (i) a qualified medical provider,
3physician, physician assistant, or advanced practice
4registered nurse who has received a minimum of 10 hours of
5sexual assault training provided by a qualified medical
6provider on current Illinois legislation, how to properly
7perform a medical forensic examination, evidence collection,
8drug and alcohol facilitated sexual assault, and forensic
9photography and has all documentation and photos peer reviewed
10by a qualified medical provider or (ii) until the federally
11qualified health care center certifies to the Department, in a
12form and manner prescribed by the Department, that it employs
13or contracts with a qualified medical provider in accordance
14with subsection (a-7) of Section 5-1, whichever occurs first.
15    A federally qualified health center must participate in or
16submit an areawide treatment plan under Section 3-1 of this
17Act that includes a treatment hospital. If a federally
18qualified health center does not provide certain medical or
19surgical services that are provided by hospitals, the areawide
20sexual assault treatment plan must include a procedure for
21ensuring a sexual assault survivor in need of such medical or
22surgical services receives the services at the treatment
23hospital. The areawide treatment plan may also include a
24treatment hospital with approved pediatric transfer or an
25approved pediatric health care facility.
26    The Department shall review a proposed sexual assault

 

 

10200SB0970sam003- 38 -LRB102 04884 CPF 38226 a

1treatment plan submitted by a federally qualified health
2center within 14 days after receipt of the plan. If the
3Department finds that the proposed plan meets the minimum
4requirements set forth in Section 5-1 and that implementation
5of the proposed plan would provide medical forensic services
6for sexual assault survivors 13 years old or older, then the
7Department shall approve the plan. If the Department does not
8approve a plan, then the Department shall notify the federally
9qualified health center that the proposed plan has not been
10approved. The federally qualified health center shall have 14
11days to submit a revised plan. The Department shall review the
12revised plan within 14 days after receipt of the plan and
13notify the federally qualified health center whether the
14revised plan is approved or rejected. A federally qualified
15health center may not (i) provide medical forensic services to
16sexual assault survivors 13 years old or older who present
17with a complaint of sexual assault within a minimum of the
18previous 7 days or (ii) who have disclosed past sexual assault
19by a specific individual and were in the care of that
20individual within a minimum of the previous 7 days until the
21Department has approved a treatment plan.
22    If an approved federally qualified health center is not
23open 24 hours a day, 7 days a week, it shall post signage at
24each public entrance to its facility that:
25        (1) is at least 14 inches by 14 inches in size;
26        (2) directs those seeking services as follows: "If

 

 

10200SB0970sam003- 39 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 40 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 41 -LRB102 04884 CPF 38226 a

1            (A) offered to (i) all sexual assault survivors
2        and (ii) pediatric sexual assault survivors pursuant
3        to paragraph (1.5) of subsection (a-5) of Section 5-1;
4            (B) completed for (i) all sexual assault survivors
5        and (ii) pediatric sexual assault survivors; and
6            (C) declined by (i) all sexual assault survivors
7        and (ii) pediatric sexual assault survivors.
8    This information shall be made available on the
9Department's website.
10    (f) This Section is repealed on December 31, 2023.
11(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
12102-674, eff. 11-30-21.)
 
13    (410 ILCS 70/2.1)  (from Ch. 111 1/2, par. 87-2.1)
14    Sec. 2.1. Plan of correction; penalties.
15    (a) If the Department surveyor determines that the
16hospital or approved pediatric health care facility is not in
17compliance with its approved plan, the surveyor shall provide
18the hospital or approved pediatric health care facility with a
19written list of the specific items of noncompliance within 10
20working days after the conclusion of the on-site review. The
21hospital shall have 10 working days to submit to the
22Department a plan of correction which contains the hospital's
23or approved pediatric health care facility's specific
24proposals for correcting the items of noncompliance. The
25Department shall review the plan of correction and notify the

 

 

10200SB0970sam003- 42 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 43 -LRB102 04884 CPF 38226 a

1approved pediatric facility submits 2 Plans of Correction that
2are found to not be acceptable by the Department, the approved
3pediatric health care facility shall become subject to the
4imposition of a fine by the Department and the termination of
5its approved sexual assault treatment plan.
6    (c) Before imposing a fine pursuant to this Section, the
7Department shall provide the hospital or approved pediatric
8health care facility via certified mail with written notice
9and an opportunity for an administrative hearing. Such hearing
10must be requested within 10 working days after receipt of the
11Department's Notice. All hearings shall be conducted in
12accordance with the Department's rules in administrative
13hearings.
14    (d) This Section is effective on and after January 1,
152024.
16(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
17102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
 
18    (410 ILCS 70/2.1-1)
19    (Section scheduled to be repealed on December 31, 2023)
20    Sec. 2.1-1. Plan of correction; penalties.
21    (a) If the Department surveyor determines that the
22hospital, approved pediatric health care facility, or approved
23federally qualified health center is not in compliance with
24its approved plan, the surveyor shall provide the hospital,
25approved pediatric health care facility, or approved federally

 

 

10200SB0970sam003- 44 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 45 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 46 -LRB102 04884 CPF 38226 a

1Department shall provide the hospital, or approved pediatric
2health care facility, or approved federally qualified health
3center via certified mail with written notice and an
4opportunity for an administrative hearing. Such hearing must
5be requested within 10 working days after receipt of the
6Department's Notice. All hearings shall be conducted in
7accordance with the Department's rules in administrative
8hearings.
9    (d) This Section is repealed on December 31, 2023.
10(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
11102-674, eff. 11-30-21.)
 
12    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
13    Sec. 5. Minimum requirements for medical forensic services
14provided to sexual assault survivors by hospitals and approved
15pediatric health care facilities.
16    (a) Every hospital and approved pediatric health care
17facility providing medical forensic services to sexual assault
18survivors under this Act shall, as minimum requirements for
19such services, provide, with the consent of the sexual assault
20survivor, and as ordered by the attending physician, an
21advanced practice registered nurse, or a physician assistant,
22the services set forth in subsection (a-5).
23    Beginning January 1, 2024 2023, a qualified medical
24provider must provide the services set forth in subsection
25(a-5).

 

 

10200SB0970sam003- 47 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 48 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 49 -LRB102 04884 CPF 38226 a

1        96 hours after the sexual assault.
2            Before January 1, 2024 2023, the information
3        required under this subparagraph shall be provided in
4        person by the health care professional providing
5        medical forensic services directly to the sexual
6        assault survivor.
7            On and after January 1, 2024 2023, the information
8        required under this subparagraph shall be provided in
9        person by the qualified medical provider providing
10        medical forensic services directly to the sexual
11        assault survivor.
12            The written information provided shall be the
13        information created in accordance with Section 10 of
14        this Act.
15            (B) Following the discussion regarding the
16        evidence-based guidelines for evidence collection in
17        accordance with subparagraph (A), evidence collection
18        must be completed at the sexual assault survivor's
19        request. A sexual assault nurse examiner conducting an
20        examination using the Illinois State Police Sexual
21        Assault Evidence Collection Kit may do so without the
22        presence or participation of a physician.
23        (2) Appropriate oral and written information
24    concerning the possibility of infection, sexually
25    transmitted infection, including an evaluation of the
26    sexual assault survivor's risk of contracting human

 

 

10200SB0970sam003- 50 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 51 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 52 -LRB102 04884 CPF 38226 a

1    (a-7) By January 1, 2024 2023, every hospital with a
2treatment plan approved by the Department shall employ or
3contract with a qualified medical provider to initiate medical
4forensic services to a sexual assault survivor within 90
5minutes of the patient presenting to the treatment hospital or
6treatment hospital with approved pediatric transfer. The
7provision of medical forensic services by a qualified medical
8provider shall not delay the provision of life-saving medical
9care.
10    (b) Any person who is a sexual assault survivor who seeks
11medical forensic services or follow-up healthcare under this
12Act shall be provided such services without the consent of any
13parent, guardian, custodian, surrogate, or agent. If a sexual
14assault survivor is unable to consent to medical forensic
15services, the services may be provided under the Consent by
16Minors to Health Care Services Medical Procedures Act, the
17Health Care Surrogate Act, or other applicable State and
18federal laws.
19    (b-5) Every hospital or approved pediatric health care
20facility providing medical forensic services to sexual assault
21survivors shall issue a voucher to any sexual assault survivor
22who is eligible to receive one in accordance with Section 5.2
23of this Act. The hospital shall make a copy of the voucher and
24place it in the medical record of the sexual assault survivor.
25The hospital shall provide a copy of the voucher to the sexual
26assault survivor after discharge upon request.

 

 

10200SB0970sam003- 53 -LRB102 04884 CPF 38226 a

1    (c) Nothing in this Section creates a physician-patient
2relationship that extends beyond discharge from the hospital
3or approved pediatric health care facility.
4    (d) This Section is effective on and after January 1, 2024
52022.
6(Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19;
7101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff.
88-20-21; 102-674, eff. 11-30-21; revised 12-16-21.)
 
9    (410 ILCS 70/5-1)
10    (Section scheduled to be repealed on December 31, 2023)
11    Sec. 5-1. Minimum requirements for medical forensic
12services provided to sexual assault survivors by hospitals,
13approved pediatric health care facilities, and approved
14federally qualified health centers.
15    (a) Every hospital, approved pediatric health care
16facility, and approved federally qualified health center
17providing medical forensic services to sexual assault
18survivors under this Act shall, as minimum requirements for
19such services, provide, with the consent of the sexual assault
20survivor, and as ordered by the attending physician, an
21advanced practice registered nurse, or a physician assistant,
22the services set forth in subsection (a-5).
23    Beginning January 1, 2023, a qualified medical provider
24must provide the services set forth in subsection (a-5).
25    (a-5) A treatment hospital, a treatment hospital with

 

 

10200SB0970sam003- 54 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 55 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 56 -LRB102 04884 CPF 38226 a

1        96 hours after the sexual assault.
2            Before January 1, 2023, the information required
3        under this subparagraph shall be provided in person by
4        the health care professional providing medical
5        forensic services directly to the sexual assault
6        survivor.
7            On and after January 1, 2023, the information
8        required under this subparagraph shall be provided in
9        person by the qualified medical provider providing
10        medical forensic services directly to the sexual
11        assault survivor.
12            The written information provided shall be the
13        information created in accordance with Section 10-1 of
14        this Act.
15            (B) Following the discussion regarding the
16        evidence-based guidelines for evidence collection in
17        accordance with subparagraph (A), evidence collection
18        must be completed at the sexual assault survivor's
19        request. A sexual assault nurse examiner conducting an
20        examination using the Illinois State Police Sexual
21        Assault Evidence Collection Kit may do so without the
22        presence or participation of a physician.
23        (2) Appropriate oral and written information
24    concerning the possibility of infection, sexually
25    transmitted infection, including an evaluation of the
26    sexual assault survivor's risk of contracting human

 

 

10200SB0970sam003- 57 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 58 -LRB102 04884 CPF 38226 a

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

 

 

10200SB0970sam003- 59 -LRB102 04884 CPF 38226 a

1    (a-7) By January 1, 2023, every hospital with a treatment
2plan approved by the Department shall employ or contract with
3a qualified medical provider to initiate medical forensic
4services to a sexual assault survivor within 90 minutes of the
5patient presenting to the treatment hospital or treatment
6hospital with approved pediatric transfer. The provision of
7medical forensic services by a qualified medical provider
8shall not delay the provision of life-saving medical care.
9    (b) Any person who is a sexual assault survivor who seeks
10medical forensic services or follow-up healthcare under this
11Act shall be provided such services without the consent of any
12parent, guardian, custodian, surrogate, or agent. If a sexual
13assault survivor is unable to consent to medical forensic
14services, the services may be provided under the Consent by
15Minors to Medical Procedures Act, the Health Care Surrogate
16Act, or other applicable State and federal laws.
17    (b-5) Every hospital, approved pediatric health care
18facility, or approved federally qualified health center
19providing medical forensic services to sexual assault
20survivors shall issue a voucher to any sexual assault survivor
21who is eligible to receive one in accordance with Section
225.2-1 of this Act. The hospital, approved pediatric health
23care facility, or approved federally qualified health center
24shall make a copy of the voucher and place it in the medical
25record of the sexual assault survivor. The hospital, approved
26pediatric health care facility, or approved federally

 

 

10200SB0970sam003- 60 -LRB102 04884 CPF 38226 a

1qualified health center shall provide a copy of the voucher to
2the sexual assault survivor after discharge upon request.
3    (c) Nothing in this Section creates a physician-patient
4relationship that extends beyond discharge from the hospital,
5or approved pediatric health care facility, or approved
6federally qualified health center.
7    (d) This Section is repealed on December 31, 2023.
8(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
9102-674, eff. 11-30-21.)
 
10    (410 ILCS 70/5.4)
11    Sec. 5.4. Out-of-state hospitals.
12    (a) Nothing in this Section shall prohibit the transfer of
13a patient in need of medical services from a hospital that has
14been designated as a trauma center by the Department in
15accordance with Section 3.90 of the Emergency Medical Services
16(EMS) Systems Act.
17    (b) A transfer hospital, treatment hospital with approved
18pediatric transfer, or approved pediatric health care facility
19may transfer a sexual assault survivor to an out-of-state
20hospital that is located in a county that borders Illinois has
21been designated as a trauma center by the Department under
22Section 3.90 of the Emergency Medical Services (EMS) Systems
23Act if the out-of-state hospital: (1) submits an areawide
24treatment plan approved by the Department; and (2) has
25certified the following to the Department in a form and manner

 

 

10200SB0970sam003- 61 -LRB102 04884 CPF 38226 a

1prescribed by the Department that the out-of-state hospital
2will:
3        (i) consent to the jurisdiction of the Department in
4    accordance with Section 2.06 of this Act;
5        (ii) comply with all requirements of this Act
6    applicable to treatment hospitals, including, but not
7    limited to, offering evidence collection to: (A) any
8    Illinois sexual assault survivor 13 years of age or older
9    who presents with a complaint of sexual assault within a
10    minimum of the last 7 days or who has disclosed past sexual
11    assault by a specific individual and was in the care of
12    that individual within a minimum of the last 7 days and not
13    billing the sexual assault survivor for medical forensic
14    services or 90 days of follow-up healthcare; and (B) any
15    Illinois pediatric sexual assault survivor who presents
16    with a complaint of sexual assault within a minimum of 96
17    hours or who has disclosed past sexual assault by a
18    specific individual and was in the care of that individual
19    within a minimum of 96 hours and not billing the sexual
20    assault survivor for medical forensic services or 90 days
21    of follow-up healthcare;
22        (iii) use an Illinois State Police Sexual Assault
23    Evidence Collection Kit to collect forensic evidence from
24    an Illinois sexual assault survivor;
25        (iv) ensure its staff cooperates with Illinois law
26    enforcement agencies and are responsive to subpoenas

 

 

10200SB0970sam003- 62 -LRB102 04884 CPF 38226 a

1    issued by Illinois courts; and
2        (v) provide appropriate transportation upon the
3    completion of medical forensic services back to the
4    transfer hospital or treatment hospital with pediatric
5    transfer where the sexual assault survivor initially
6    presented seeking medical forensic services, unless the
7    sexual assault survivor chooses to arrange his or her own
8    transportation.
9    (c) Subsection (b) of this Section is inoperative on and
10after January 1, 2029 2024.
11(Source: P.A. 100-775, eff. 1-1-19.)".