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| [ Senate Amendment 002 ] |
92_SB0114sam001
LRB9204216DJmbam02
1 AMENDMENT TO SENATE BILL 114
2 AMENDMENT NO. . Amend Senate Bill 114 by replacing
3 the title with the following:
4 "AN ACT in relation to emergency medical services."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Sexual Assault Survivors Emergency
8 Treatment Act is amended by changing Section 2 and adding
9 Section 2.2 as follows:
10 (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
11 Sec. 2. Hospitals to furnish emergency service. Every
12 hospital required to be licensed by the Department of Public
13 Health pursuant to the Hospital Licensing Act, approved July
14 1, 1953, as now or hereafter amended, which provides general
15 medical and surgical hospital services shall provide
16 emergency hospital service, in accordance with rules and
17 regulations adopted by the Department of Public Health, to
18 all alleged sexual assault survivors who apply for such
19 hospital emergency services in relation to injuries or trauma
20 resulting from the sexual assault.
21 In addition every such hospital, regardless of whether or
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1 not a request is made for reimbursement, except hospitals
2 participating in community or area wide plans in compliance
3 with Section 4 of this Act, shall submit to the Department of
4 Public Health a plan to provide hospital emergency services
5 to alleged sexual assault survivors which shall be made
6 available by such hospital. Such plan shall be submitted
7 within 60 days of receipt of the Department's request for
8 this plan, to the Department of Public Health for approval
9 prior to such plan becoming effective. The Department of
10 Public Health shall approve such plan for emergency service
11 to alleged sexual assault survivors if it finds that the
12 implementation of the proposed plan would provide adequate
13 hospital emergency service for alleged sexual assault
14 survivors and provide sufficient protections from the risk of
15 pregnancy by sexual assault survivors.
16 The Department of Public Health shall periodically
17 conduct on site reviews of such approved plans with hospital
18 personnel to insure that the established procedures are being
19 followed.
20 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.)
21 (410 ILCS 70/2.2 new)
22 Sec. 2.2. Emergency contraception.
23 (a) The General Assembly finds:
24 (1) Crimes of sexual violence cause significant
25 physical, emotional, and psychological trauma to the
26 victims. This trauma is compounded by a victim's fear of
27 becoming pregnant and bearing a child as a result of the
28 sexual assault.
29 (2) Each year over 32,000 women become pregnant in
30 the United States as the result of rape and approximately
31 50% of these pregnancies end in abortion.
32 (3) As approved for use by the Federal Food and
33 Drug Administration (FDA), emergency contraception can
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1 significantly reduce the risk of pregnancy if taken
2 within 72 after the sexual assault.
3 (4) By providing emergency contraception to rape
4 victims in a timely manner, the trauma of rape can be
5 significantly reduced.
6 (b) Within 120 days after the effective date of this
7 amendatory Act of the 92nd General Assembly, every hospital
8 providing services to alleged sexual assault survivors in
9 accordance with a plan approved under Section 2 must develop
10 and implement a protocol that ensures that each survivor of
11 sexual assault will receive medically and factually accurate
12 and written and oral information about emergency
13 contraception; the indications and counter-indications and
14 risks associated with the use of emergency contraception; and
15 a description of how and when victims may be provided
16 emergency contraception upon the written order of the
17 emergency room physician licensed to practice medicine in all
18 its branches. The Department shall approve the protocol if
19 it finds that the implementation of the protocol would
20 provide sufficient protection for survivors of an alleged
21 sexual assault.".