State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]


SB114 Enrolled                                 LRB9204216DJmg

 1        AN ACT in relation to emergency medical services.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Sexual  Assault  Survivors  Emergency
 5    Treatment Act is amended by changing  Section  2  and  adding
 6    Section 2.2 as follows:

 7        (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
 8        Sec.  2.   Hospitals to furnish emergency service.  Every
 9    hospital required to be licensed by the Department of  Public
10    Health  pursuant to the Hospital Licensing Act, approved July
11    1, 1953, as now or hereafter amended, which provides  general
12    medical   and   surgical   hospital  services  shall  provide
13    emergency hospital service,  in  accordance  with  rules  and
14    regulations  adopted  by  the Department of Public Health, to
15    all alleged sexual  assault  survivors  who  apply  for  such
16    hospital emergency services in relation to injuries or trauma
17    resulting from the sexual assault.
18        In addition every such hospital, regardless of whether or
19    not  a  request  is  made for reimbursement, except hospitals
20    participating in community or area wide plans  in  compliance
21    with Section 4 of this Act, shall submit to the Department of
22    Public  Health  a plan to provide hospital emergency services
23    to alleged sexual  assault  survivors  which  shall  be  made
24    available  by  such  hospital.   Such plan shall be submitted
25    within 60 days of receipt of  the  Department's  request  for
26    this  plan,  to  the Department of Public Health for approval
27    prior to such plan becoming  effective.   The  Department  of
28    Public  Health  shall approve such plan for emergency service
29    to alleged sexual assault survivors  if  it  finds  that  the
30    implementation  of  the  proposed plan would provide adequate
31    hospital  emergency  service  for  alleged   sexual   assault
SB114 Enrolled              -2-                LRB9204216DJmg
 1    survivors and provide sufficient protections from the risk of
 2    pregnancy by sexual assault survivors.
 3        The   Department  of  Public  Health  shall  periodically
 4    conduct on site reviews of such approved plans with  hospital
 5    personnel to insure that the established procedures are being
 6    followed.
 7    (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.)

 8        (410 ILCS 70/2.2 new)
 9        Sec. 2.2.  Emergency contraception.
10        (a)  The General Assembly finds:
11             (1)  Crimes  of  sexual  violence  cause significant
12        physical, emotional,  and  psychological  trauma  to  the
13        victims.  This trauma is compounded by a victim's fear of
14        becoming  pregnant and bearing a child as a result of the
15        sexual assault.
16             (2)  Each year over 32,000 women become pregnant  in
17        the United States as the result of rape and approximately
18        50% of these pregnancies end in abortion.
19             (3)  As  approved  for  use  by the Federal Food and
20        Drug Administration (FDA),  emergency  contraception  can
21        significantly  reduce  the  risk  of  pregnancy  if taken
22        within 72 hours after the sexual assault.
23             (4)  By providing emergency  contraception  to  rape
24        victims  in  a  timely  manner, the trauma of rape can be
25        significantly reduced.
26        (b)  Within 120 days after the  effective  date  of  this
27    amendatory  Act  of the 92nd General Assembly, every hospital
28    providing services to alleged  sexual  assault  survivors  in
29    accordance  with a plan approved under Section 2 must develop
30    a protocol that ensures that each survivor of sexual  assault
31    will receive medically and factually accurate and written and
32    oral   information   about   emergency   contraception;   the
33    indications and counter-indications and risks associated with
SB114 Enrolled              -3-                LRB9204216DJmg
 1    the  use of emergency contraception; and a description of how
 2    and when victims may be provided emergency contraception upon
 3    the  written  order  of  a  physician  licensed  to  practice
 4    medicine in all its branches.  The Department  shall  approve
 5    the  protocol  if  it  finds  that  the implementation of the
 6    protocol would provide sufficient protection for survivors of
 7    an alleged sexual assault.
 8        The hospital shall implement the protocol  upon  approval
 9    by  the  Department.  The  Department  shall  adopt rules and
10    regulations establishing one or more  safe  harbor  protocols
11    and   setting  minimum  acceptable  protocol  standards  that
12    hospitals may develop and implement.   The  Department  shall
13    approve   any  protocol  that  meets  those  standards.   The
14    Department may provide  a  sample  acceptable  protocol  upon
15    request.

16        Section  99.  Effective  date.  This  Act takes effect on
17    January 1, 2002.

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