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92nd General Assembly

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Public Act 92-0156

SB114 Enrolled                                 LRB9204216DJmg

    AN ACT in relation to emergency medical services.

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

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

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

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

    Section  99.  Effective  date.  This  Act takes effect on
January 1, 2002.
    Passed in the General Assembly May 03, 2001.
    Approved July 25, 2001.

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