Bill Text: IL HB2374 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Sexual Assault Survivors Emergency Treatment Act. Defines "acute sexual assault" as a sexual assault that has recently occurred within a specified time. Replaces various references to "sexual assault" with "acute sexual assault". Deletes the definition of "prepubescent sexual assault survivor". Changes provisions regarding hospitals located in counties with a population of less than 1,000,000 and within a 20-mile radius of a 4-year public university with respect to a sexual assault treatment plan approved by the Department of Public Health. Makes changes in various provisions concerning plans of correction and penalties for hospitals that commit specified violations of the Act. In provisions regarding requirements for medical forensic services, provides that the provisions of the Act are not intended to prohibit a qualified medical provider from offering an Illinois Sexual Assault Evidence Collection Kit to a sexual assault survivor who presents at a treatment hospital or approved pediatric health care facility with a nonacute complaint of sexual assault if there is a compelling reason for evidence collection, or upon the request of the survivor. In provisions regarding the prohibition on billing sexual assault survivors directly for certain services, changes references to the Office of the Attorney General to references to the Department of Healthcare and Family Services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - Referred to Rules Committee [HB2374 Detail]

Download: Illinois-2025-HB2374-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2374 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
410 ILCS 70/1a from Ch. 111 1/2, par. 87-1a
410 ILCS 70/2 from Ch. 111 1/2, par. 87-2
410 ILCS 70/2.05
410 ILCS 70/2.1 from Ch. 111 1/2, par. 87-2.1
410 ILCS 70/2.2
410 ILCS 70/5 from Ch. 111 1/2, par. 87-5
410 ILCS 70/5.3
410 ILCS 70/5.4
410 ILCS 70/7.5
410 ILCS 70/10
Amends the Sexual Assault Survivors Emergency Treatment Act. Defines "acute sexual assault" as a sexual assault that has recently occurred within a specified time. Replaces various references to "sexual assault" with "acute sexual assault". Deletes the definition of "prepubescent sexual assault survivor". Changes provisions regarding hospitals located in counties with a population of less than 1,000,000 and within a 20-mile radius of a 4-year public university with respect to a sexual assault treatment plan approved by the Department of Public Health. Makes changes in various provisions concerning plans of correction and penalties for hospitals that commit specified violations of the Act. In provisions regarding requirements for medical forensic services, provides that the provisions of the Act are not intended to prohibit a qualified medical provider from offering an Illinois Sexual Assault Evidence Collection Kit to a sexual assault survivor who presents at a treatment hospital or approved pediatric health care facility with a nonacute complaint of sexual assault if there is a compelling reason for evidence collection, or upon the request of the survivor. In provisions regarding the prohibition on billing sexual assault survivors directly for certain services, changes references to the Office of the Attorney General to references to the Department of Healthcare and Family Services.
LRB104 11915 BDA 22006 b
A BILL FOR
HB2374 LRB104 11915 BDA 22006 b
AN ACT concerning health.
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 Sections 1a, 2, 2.05,
2.1, 2.2, 5, 5.3, 5.4, 7.5, and 10 as follows:
(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
Sec. 1a. Definitions.
(a) In this Act:
"Acute sexual assault" means a sexual assault that has
recently occurred. For patients under the age of 13, this
means a sexual assault that has occurred within the past 72
hours. For patients 13 years old or older, this means a sexual
assault that has occurred within the past 168 hours.
"Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
"Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
"Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical

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forensic services to sexual assault survivors under the age of
18 who present with a complaint of acute sexual assault within
a minimum of the last 7 days or who have disclosed past sexual
assault by a specific individual and were in the care of that
individual within a minimum of the last 7 days.
"Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals and approved pediatric
health care facilities in a community or area to be served,
which provides for medical forensic services to acute sexual
assault survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
"Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
"Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and

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pharmacy services, rendered within 180 days of the initial
visit for medical forensic services.
"Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06.
"Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
"Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
"Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
"Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel

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working in a designated emergency department of a hospital or
an approved pediatric health care facility. "Medical forensic
services" includes, but is not limited to, taking a medical
history, performing photo documentation, performing a physical
and anogenital examination, assessing the patient for evidence
collection, collecting evidence in accordance with a statewide
sexual assault evidence collection program administered by the
Illinois State Police using the Illinois State Police Sexual
Assault Evidence Collection Kit, if appropriate, assessing the
patient for drug-facilitated or alcohol-facilitated sexual
assault, providing an evaluation of and care for sexually
transmitted infection and human immunodeficiency virus (HIV),
pregnancy risk evaluation and care, and discharge and
follow-up healthcare planning.
"Pediatric health care facility" means a clinic or
physician's office that provides medical services to patients
under the age of 18.
"Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual
assault.
"Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the
original file format.
"Physician" means a person licensed to practice medicine
in all its branches.

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"Physician assistant" has the meaning provided in Section
4 of the Physician Assistant Practice Act of 1987.
"Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or
trauma resulting from a sexual assault.
"Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
"Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
"Sexual assault" means:
(1) an act of sexual conduct; as used in this
paragraph, "sexual conduct" has the meaning provided under
Section 11-0.1 of the Criminal Code of 2012; or
(2) any act of sexual penetration; as used in this
paragraph, "sexual penetration" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012 and
includes, without limitation, acts prohibited under
Sections 11-1.20 through 11-1.60 of the Criminal Code of
2012.
"Sexual assault forensic examiner" means a physician or

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physician assistant who has completed training that meets or
is substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program
that meets the Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
"Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
"Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring acute
sexual assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services performed by a qualified

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medical provider.
"Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical
forensic services to acute sexual assault survivors who
present themselves to a qualified medical provider for such
services, either directly or through transfer from a hospital
or an approved pediatric health care facility.
"Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to another a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
"Treatment hospital" means a hospital with a sexual
assault treatment plan approved by the Department to provide
medical forensic services to acute all sexual assault
survivors who present with a complaint of sexual assault
within a minimum of the last 7 days or who have disclosed past
sexual assault by a specific individual and were in the care of
that individual within a minimum of the last 7 days.
"Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual

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assault survivors 13 years old or older who present with a
complaint of acute sexual assault within a minimum of the last
7 days or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
(b) This Section is effective on and after January 1,
2024.
(Source: P.A. 102-22, eff. 6-25-21; 102-538, eff. 8-20-21;
102-674, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1097, eff.
1-1-23; 102-1106, eff. 1-1-23; 103-154, eff. 6-30-23.)
(410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
Sec. 2. Hospital and approved pediatric health care
facility requirements for sexual assault plans.
(a) Every hospital required to be licensed by the
Department pursuant to the Hospital Licensing Act, or operated
under the University of Illinois Hospital Act that provides
general medical and surgical hospital services shall provide
either (i) transfer services to all acute sexual assault
survivors, (ii) medical forensic services to all acute sexual
assault survivors, or (iii) transfer services to pediatric
acute sexual assault survivors and medical forensic services
to acute sexual assault survivors 13 years old or older, in
accordance with rules adopted by the Department.
In addition, every such hospital, regardless of whether or
not a request is made for reimbursement, shall submit to the

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Department a plan to provide either (i) transfer services to
all acute sexual assault survivors, (ii) medical forensic
services to all acute sexual assault survivors, or (iii)
transfer services to pediatric acute sexual assault survivors
and medical forensic services to acute sexual assault
survivors 13 years old or older within the time frame
established by the Department. The Department shall approve
such plan for either (i) transfer services to all acute sexual
assault survivors, (ii) medical forensic services to all acute
sexual assault survivors, or (iii) transfer services to
pediatric acute sexual assault survivors and medical forensic
services to acute sexual assault survivors 13 years old or
older, if it finds that the implementation of the proposed
plan would provide (i) transfer services or (ii) medical
forensic services for acute sexual assault survivors in
accordance with the requirements of this Act and provide
sufficient protections from the risk of pregnancy to acute
sexual assault survivors. Notwithstanding anything to the
contrary in this paragraph, the Department may approve a
sexual assault transfer plan for the provision of medical
forensic services if:
(1) a treatment hospital with approved pediatric
transfer has agreed, as part of an areawide treatment
plan, to accept acute sexual assault survivors 13 years of
age or older from the proposed transfer hospital, if the
treatment hospital with approved pediatric transfer is

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geographically closer to the transfer hospital than a
treatment hospital or another treatment hospital with
approved pediatric transfer and such transfer is not
unduly burdensome on the sexual assault survivor; and
(2) a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept acute sexual assault
survivors under 13 years of age from the proposed transfer
hospital and transfer to the treatment hospital would not
unduly burden the sexual assault survivor.
The Department may not approve a sexual assault transfer
plan unless a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept acute sexual assault
survivors from the proposed transfer hospital and a transfer
to the treatment hospital would not unduly burden the sexual
assault survivor.
In counties with a population of less than 1,000,000, the
Department may not approve a sexual assault transfer plan for
a hospital located within a 20-mile radius of a 4-year public
university, not including community colleges, unless there is
a treatment hospital with a sexual assault treatment plan
approved by the Department within a 20-mile radius of the
4-year public university.
A transfer must be in accordance with federal and State
laws and local ordinances.
Hospitals located in counties with a population of less
than 1,000,000 and within a 20-mile radius of a 4-year public

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university shall submit an areawide sexual assault treatment
plan that is approved by the Department. The approved areawide
plan shall include at least one treatment hospital or
treatment hospital with approved pediatric transfer within the
20-mile radius of the 4-year public university.
A treatment hospital with approved pediatric transfer must
submit an areawide treatment plan under Section 3 of this Act
that includes a written agreement with a treatment hospital
stating that the treatment hospital will provide medical
forensic services to pediatric sexual assault survivors
transferred from the treatment hospital with approved
pediatric transfer. The areawide treatment plan may also
include an approved pediatric health care facility.
A transfer hospital must submit an areawide treatment plan
under Section 3 of this Act that includes a written agreement
with a treatment hospital stating that the treatment hospital
will provide medical forensic services to all sexual assault
survivors transferred from the transfer hospital. The areawide
treatment plan may also include an approved pediatric health
care facility. Notwithstanding anything to the contrary in
this paragraph, the areawide treatment plan may include a
written agreement with a treatment hospital with approved
pediatric transfer that is geographically closer than other
hospitals providing medical forensic services to sexual
assault survivors 13 years of age or older stating that the
treatment hospital with approved pediatric transfer will

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provide medical services to sexual assault survivors 13 years
of age or older who are transferred from the transfer
hospital. If the areawide treatment plan includes a written
agreement with a treatment hospital with approved pediatric
transfer, it must also include a written agreement with a
treatment hospital stating that the treatment hospital will
provide medical forensic services to sexual assault survivors
under 13 years of age who are transferred from the transfer
hospital.
Beginning January 1, 2019, each treatment hospital and
treatment hospital with approved pediatric transfer shall
ensure that emergency department attending physicians,
physician assistants, advanced practice registered nurses, and
registered professional nurses providing clinical services,
who do not meet the definition of a qualified medical provider
in Section 1a of this Act, receive a minimum of 2 hours of
sexual assault training by July 1, 2020 or until the treatment
hospital or treatment hospital with approved pediatric
transfer certifies to the Department, in a form and manner
prescribed by the Department, that it employs or contracts
with a qualified medical provider in accordance with
subsection (a-7) of Section 5, whichever occurs first.
After July 1, 2020 or once a treatment hospital or a
treatment hospital with approved pediatric transfer certifies
compliance with subsection (a-7) of Section 5, whichever
occurs first, each treatment hospital and treatment hospital

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with approved pediatric transfer shall ensure that emergency
department attending physicians, physician assistants,
advanced practice registered nurses, and registered
professional nurses providing clinical services, who do not
meet the definition of a qualified medical provider in Section
1a of this Act, receive a minimum of 2 hours of continuing
education on responding to acute sexual assault survivors
every 2 years. Protocols for training shall be included in the
hospital's sexual assault treatment plan.
Sexual assault training provided under this subsection may
be provided in person or online and shall include, but not be
limited to:
(1) information provided on the provision of medical
forensic services;
(2) information on the use of the Illinois Sexual
Assault Evidence Collection Kit;
(3) information on sexual assault epidemiology,
neurobiology of trauma, drug-facilitated sexual assault,
child sexual abuse, and Illinois sexual assault-related
laws; and
(4) information on the hospital's sexual
assault-related policies and procedures.
The online training made available by the Office of the
Attorney General under subsection (b) of Section 10 may be
used to comply with this subsection.
(a-5) A hospital must submit a plan to provide either (i)

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transfer services to all acute sexual assault survivors, (ii)
medical forensic services to all acute sexual assault
survivors, or (iii) transfer services to pediatric acute
sexual assault survivors and medical forensic services to
sexual assault survivors 13 years old or older as required in
subsection (a) of this Section within 60 days of the
Department's request. Failure to submit a plan as described in
this subsection shall subject a hospital to the imposition of
a fine by the Department. The Department may impose a fine of
up to $500 per day until the hospital submits a plan as
described in this subsection.
(a-10) Upon receipt of a plan as described in subsection
(a-5), the Department shall notify the hospital whether or not
the plan is acceptable. If the Department determines that the
plan is unacceptable, the hospital must submit a modified plan
within 10 days of service of the notification. If the
Department determines that the modified plan is unacceptable,
or if the hospital fails to submit a modified plan within 10
days, the Department may impose a fine of up to $500 per day
until an acceptable plan has been submitted, as determined by
the Department.
(b) An approved pediatric health care facility may provide
medical forensic services, in accordance with rules adopted by
the Department, to acute all sexual assault survivors under
the age of 18 who present for medical forensic services in
relation to injuries or trauma resulting from a sexual

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assault. These services shall be provided by a qualified
medical provider.
A pediatric health care facility must participate in or
submit an areawide treatment plan under Section 3 of this Act
that includes a treatment hospital. If a pediatric health care
facility does not provide certain medical or surgical services
that are provided by hospitals, the areawide sexual assault
treatment plan must include a procedure for ensuring a sexual
assault survivor in need of such medical or surgical services
receives the services at the treatment hospital. The areawide
treatment plan may also include a treatment hospital with
approved pediatric transfer.
The Department shall review a proposed sexual assault
treatment plan submitted by a pediatric health care facility
within 60 days after receipt of the plan. If the Department
finds that the proposed plan meets the minimum requirements
set forth in Section 5 of this Act and that implementation of
the proposed plan would provide medical forensic services for
acute sexual assault survivors under the age of 18, then the
Department shall approve the plan. If the Department does not
approve a plan, then the Department shall notify the pediatric
health care facility that the proposed plan has not been
approved. The pediatric health care facility shall have 30
days to submit a revised plan. The Department shall review the
revised plan within 30 days after receipt of the plan and
notify the pediatric health care facility whether the revised

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plan is approved or rejected. A pediatric health care facility
may not provide medical forensic services to sexual assault
survivors under the age of 18 who present with a complaint of
acute sexual assault within a minimum of the last 7 days or who
have disclosed past sexual assault by a specific individual
and were in the care of that individual within a minimum of the
last 7 days until the Department has approved a treatment
plan.
If an approved pediatric health care facility is not open
24 hours a day, 7 days a week, it shall post signage at each
public entrance to its facility that:
(1) is at least 14 inches by 14 inches in size;
(2) directs those seeking services as follows: "If
closed, call 911 for services or go to the closest
hospital emergency department, (insert name) located at
(insert address).";
(3) lists the approved pediatric health care
facility's hours of operation;
(4) lists the street address of the building;
(5) has a black background with white bold capital
lettering in a clear and easy to read font that is at least
72-point type, and with "call 911" in at least 125-point
type;
(6) is posted clearly and conspicuously on or adjacent
to the door at each entrance and, if building materials
allow, is posted internally for viewing through glass; if

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posted externally, the sign shall be made of
weather-resistant and theft-resistant materials,
non-removable, and adhered permanently to the building;
and
(7) has lighting that is part of the sign itself or is
lit with a dedicated light that fully illuminates the
sign.
A copy of the proposed sign must be submitted to the
Department and approved as part of the approved pediatric
health care facility's sexual assault treatment plan.
(c) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility must enter into a memorandum of understanding
with a rape crisis center for medical advocacy services, if
these services are available to the treatment hospital,
treatment hospital with approved pediatric transfer, or
approved pediatric health care facility. With the consent of
the sexual assault survivor, a rape crisis counselor shall
remain in the exam room during the collection for forensic
evidence.
(d) Every treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility's sexual assault treatment plan or sexual
assault transfer plan shall include procedures for complying
with mandatory reporting requirements pursuant to (1) the
Abused and Neglected Child Reporting Act; (2) the Abused and

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Neglected Long Term Care Facility Residents Reporting Act; (3)
the Adult Protective Services Act; and (iv) the Criminal
Identification Act.
(e) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility shall submit to the Department every 6 months,
in a manner prescribed by the Department, the following
information:
(1) The total number of patients who presented with a
complaint of sexual assault.
(2) The total number of Illinois Sexual Assault
Evidence Collection Kits:
(A) offered to (i) all acute sexual assault
survivors and (ii) pediatric acute sexual assault
survivors pursuant to paragraph (1.5) of subsection
(a-5) of Section 5;
(B) completed for (i) all acute sexual assault
survivors and (ii) pediatric acute sexual assault
survivors; and
(C) declined by (i) all acute sexual assault
survivors and (ii) pediatric acute sexual assault
survivors.
This information shall be made available on the
Department's website.
(f) This Section is effective on and after January 1,
2024.

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(Source: P.A. 101-73, eff. 7-12-19; 101-634, eff. 6-5-20;
102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff.
1-1-23.)
(410 ILCS 70/2.05)
Sec. 2.05. Department requirements.
(a) The Department shall periodically conduct on-site
reviews of approved sexual assault treatment plans with
hospital and approved pediatric health care facility personnel
to ensure that the established procedures are being followed.
Department personnel conducting the on-site reviews shall
attend 4 hours of sexual assault training conducted by a
qualified medical provider that includes, but is not limited
to, forensic evidence collection provided to acute sexual
assault survivors of any age and Illinois sexual
assault-related laws and administrative rules.
(b) On July 1, 2019 and each July 1 thereafter, the
Department shall submit a report to the General Assembly
containing information on the hospitals and pediatric health
care facilities in this State that have submitted a plan to
provide: (i) transfer services to all acute sexual assault
survivors, (ii) medical forensic services to all acute sexual
assault survivors, (iii) transfer services to pediatric acute
sexual assault survivors and medical forensic services to
acute sexual assault survivors 13 years old or older, or (iv)
medical forensic services to acute pediatric sexual assault

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survivors. The Department shall post the report on its
Internet website on or before October 1, 2019 and, except as
otherwise provided in this Section, update the report every
quarter thereafter. The report shall include all of the
following:
(1) Each hospital and pediatric care facility that has
submitted a plan, including the submission date of the
plan, type of plan submitted, and the date the plan was
approved or denied. If a pediatric health care facility
withdraws its plan, the Department shall immediately
update the report on its Internet website to remove the
pediatric health care facility's name and information.
(2) Each hospital that has failed to submit a plan as
required in subsection (a) of Section 2.
(3) Each hospital and approved pediatric care facility
that has to submit an acceptable Plan of Correction within
the time required by Section 2.1, including the date the
Plan of Correction was required to be submitted. Once a
hospital or approved pediatric health care facility
submits and implements the required Plan of Correction,
the Department shall immediately update the report on its
Internet website to reflect that hospital or approved
pediatric health care facility's compliance.
(4) Each hospital and approved pediatric care facility
at which the periodic on-site review required by Section
2.05 of this Act has been conducted, including the date of

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the on-site review and whether the hospital or approved
pediatric care facility was found to be in compliance with
its approved plan.
(5) Each areawide treatment plan submitted to the
Department pursuant to Section 3 of this Act, including
which treatment hospitals, treatment hospitals with
approved pediatric transfer, transfer hospitals and
approved pediatric health care facilities are identified
in each areawide treatment plan.
(c) The Department, in consultation with the Office of the
Attorney General, shall adopt administrative rules by January
1, 2020 establishing a process for physicians and physician
assistants to provide documentation of training and clinical
experience that meets or is substantially similar to the
Sexual Assault Nurse Examiner Education Guidelines established
by the International Association of Forensic Nurses in order
to qualify as a sexual assault forensic examiner.
(d) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21.)
(410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
Sec. 2.1. Plan of correction; penalties.
(a) If the Department surveyor determines that the
hospital or approved pediatric health care facility is not in

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compliance with its approved plan and rules adopted under this
Act, the surveyor shall provide the hospital or approved
pediatric health care facility with a written warning of
violation and a statement of deficiencies listing the list of
the specific items of noncompliance within 10 working days
after the conclusion of the on-site review. The hospital shall
have 10 working days to submit to the Department a plan of
correction which contains the hospital's or approved pediatric
health care facility's specific proposals for correcting the
items of noncompliance. The Department shall review the plan
of correction and notify the hospital in writing within 10
working days as to whether the plan is acceptable or
unacceptable.
If the Department finds the Plan of Correction
unacceptable, the hospital or approved pediatric health care
facility shall have 10 working days to resubmit an acceptable
Plan of Correction. Upon notification that its Plan of
Correction is acceptable, a hospital or approved pediatric
health care facility shall implement the Plan of Correction
within 60 days.
(b) The failure of a hospital to submit an acceptable Plan
of Correction or to implement the Plan of Correction, within
the time frames required in this Section, will subject a
hospital to the imposition of a $500 fine by the Department.
The Department may impose a fine of up to $500 per day until a
hospital complies with the requirements of this Section. If a

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hospital submits 2 Plans of Correction that are found to not be
acceptable by the Department, the hospital shall become
subject to the imposition of a $2,500 fine by the Department.
If an approved pediatric health care facility fails to
submit an acceptable Plan of Correction or to implement the
Plan of Correction within the time frames required in this
Section, then the Department shall notify the approved
pediatric health care facility that the approved pediatric
health care facility may not provide medical forensic services
under this Act. The Department may impose a fine of up to $500
per patient provided services in violation of this Act. If an
approved pediatric facility submits 2 Plans of Correction that
are found to not be acceptable by the Department, the approved
pediatric health care facility shall become subject to the
imposition of a fine by the Department and the termination of
its approved sexual assault treatment plan.
(c) Before imposing a fine pursuant to this Section, the
Department shall provide the hospital or approved pediatric
health care facility via certified mail with written notice
and an opportunity for an administrative hearing. Such hearing
must be requested within 10 working days after receipt of the
Department's Notice. All hearings shall be conducted in
accordance with the Department's rules in administrative
hearings.
(c-5) The Department shall find a hospital in violation of
this subsection if, after the issuance of a written warning to

HB2374 - 24 - LRB104 11915 BDA 22006 b
the hospital as described in subsection (a), the Department's
investigation finds that the hospital committed one or more of
the following violations:
(1) allowing a nonqualified medical provider to
perform and complete the medical forensic service
examination;
(2) refusing to offer a medical forensic service
examination to the sexual assault survivor;
(3) failing to provide medical management for sexually
transmitted infections, medical management for HIV, and
emergency contraception; or
(4) failing to offer photographic evidence, failing to
secure photographic evidence, or violating Section 6.5.
The Department shall impose a fine of $3,000 for an
initial violation of this subsection and a fine of $5,000 for
each subsequent violation.
(d) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff.
1-1-23.)
(410 ILCS 70/2.2)
Sec. 2.2. Emergency contraception.
(a) The General Assembly finds:
(1) Crimes of sexual assault and sexual abuse cause

HB2374 - 25 - LRB104 11915 BDA 22006 b
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) Every hospital or approved pediatric health care
facility providing services to sexual assault survivors in
accordance with a plan approved under Section 2 must develop a
protocol that ensures that each survivor of acute sexual
assault will receive medically and factually accurate and
written and oral information about emergency contraception;
the indications and contraindications and risks associated
with the use of emergency contraception; and a description of
how and when victims may be provided emergency contraception
at no cost upon the written order of a physician licensed to
practice medicine in all its branches, a licensed advanced
practice registered nurse, or a licensed physician assistant.

HB2374 - 26 - LRB104 11915 BDA 22006 b
The Department shall approve the protocol if it finds that the
implementation of the protocol would provide sufficient
protection for survivors of acute sexual assault.
The hospital or approved pediatric health care facility
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 request.
(c) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21.)
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for medical forensic services
provided to sexual assault survivors by hospitals and approved
pediatric health care facilities.
(a) Every hospital and approved pediatric health care
facility providing medical forensic services to acute sexual
assault survivors under this Act shall, as minimum
requirements for such services, provide, with the consent of
the sexual assault survivor, and as ordered by the attending
physician, an advanced practice registered nurse, or a

HB2374 - 27 - LRB104 11915 BDA 22006 b
physician assistant, the services set forth in subsection
(a-5).
A qualified medical provider must provide the services set
forth in subsection (a-5).
(a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, or an approved pediatric health
care facility shall provide the following services in
accordance with subsection (a):
(1) Appropriate medical forensic services without
delay, in a private, age-appropriate or
developmentally-appropriate space, required to ensure the
health, safety, and welfare of a sexual assault survivor
and which may be used as evidence in a criminal proceeding
against a person accused of the sexual assault, in a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child
Reporting Act.
Records of medical forensic services, including
results of examinations and tests, the Illinois State
Police Medical Forensic Documentation Forms, the Illinois
State Police Patient Discharge Materials, and the Illinois
State Police Patient Consent: Collect and Test Evidence or
Collect and Hold Evidence Form, shall be maintained by the
hospital or approved pediatric health care facility as
part of the patient's electronic medical record.
Records of medical forensic services of sexual assault

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survivors under the age of 18 shall be retained by the
hospital for a period of 60 years after the sexual assault
survivor reaches the age of 18. Records of medical
forensic services of sexual assault survivors 18 years of
age or older shall be retained by the hospital for a period
of 20 years after the date the record was created.
Records of medical forensic services may only be
disseminated in accordance with Section 6.5 of this Act
and other State and federal law.
(1.5) An offer to complete the Illinois Sexual Assault
Evidence Collection Kit for any acute sexual assault
survivor who presents within a minimum of the last 7 days
of the assault or who has disclosed past sexual assault by
a specific individual and was in the care of that
individual within a minimum of the last 7 days. Nothing in
this Section is intended to prohibit a qualified medical
provider from offering an Illinois Sexual Assault Evidence
Collection Kit to a sexual assault survivor who presents
at a treatment hospital or approved pediatric health care
facility with a nonacute complaint of sexual assault if
there is a compelling reason for evidence collection, or
upon the request of the survivor.
(A) Appropriate oral and written information
concerning evidence-based guidelines for the
appropriateness of evidence collection depending on
the sexual development of the sexual assault survivor,

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the type of sexual assault, and the timing of the
sexual assault shall be provided to the sexual assault
survivor. Evidence collection is encouraged for
prepubescent sexual assault survivors who present to a
hospital or approved pediatric health care facility
with a complaint of acute sexual assault within a
minimum of 96 hours after the sexual assault.
The information required under this subparagraph
shall be provided in person by the qualified medical
provider providing medical forensic services directly
to the sexual assault survivor.
The written information provided shall be the
information created in accordance with Section 10 of
this Act.
(B) Following the discussion regarding the
evidence-based guidelines for evidence collection in
accordance with subparagraph (A), evidence collection
must be completed at the sexual assault survivor's
request. A sexual assault nurse examiner conducting an
examination using the Illinois State Police Sexual
Assault Evidence Collection Kit may do so without the
presence or participation of a physician.
(2) Appropriate oral and written information
concerning the possibility of infection, sexually
transmitted infection, including an evaluation of the
sexual assault survivor's risk of contracting human

HB2374 - 30 - LRB104 11915 BDA 22006 b
immunodeficiency virus (HIV) from sexual assault, and
pregnancy resulting from sexual assault.
(3) Appropriate oral and written information
concerning accepted medical procedures, laboratory tests,
medication, and possible contraindications of such
medication available for the prevention or treatment of
infection or disease resulting from sexual assault.
(3.5) After a medical evidentiary or physical
examination, access to a shower at no cost, unless
showering facilities are unavailable.
(4) An amount of medication, including HIV
prophylaxis, for treatment at the hospital or approved
pediatric health care facility and after discharge as is
deemed appropriate by the attending physician, an advanced
practice registered nurse, or a physician assistant in
accordance with the Centers for Disease Control and
Prevention guidelines and consistent with the hospital's
or approved pediatric health care facility's current
approved protocol for sexual assault survivors.
(5) Photo documentation of the sexual assault
survivor's injuries, anatomy involved in the assault, or
other visible evidence on the sexual assault survivor's
body to supplement the medical forensic history and
written documentation of physical findings and evidence
beginning July 1, 2019. Photo documentation does not
replace written documentation of the injury.

HB2374 - 31 - LRB104 11915 BDA 22006 b
(6) Written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted infection.
(7) Referral by hospital or approved pediatric health
care facility personnel for appropriate counseling.
(8) Medical advocacy services provided by a rape
crisis counselor whose communications are protected under
Section 8-802.1 of the Code of Civil Procedure, if there
is a memorandum of understanding between the hospital or
approved pediatric health care facility and a rape crisis
center. With the consent of the sexual assault survivor, a
rape crisis counselor shall remain in the exam room during
the medical forensic examination.
(9) Written information regarding services provided by
a Children's Advocacy Center and rape crisis center, if
applicable.
(10) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital as
defined in Section 5.4, or an approved pediatric health
care facility shall comply with the rules relating to the
collection and tracking of sexual assault evidence adopted
by the Illinois State Police under Section 50 of the
Sexual Assault Evidence Submission Act.
(11) Written information regarding the Illinois State
Police sexual assault evidence tracking system.

HB2374 - 32 - LRB104 11915 BDA 22006 b
(a-7) Every hospital, and approved pediatric health care
facility, with a treatment plan approved by the Department
shall employ or contract with a qualified medical provider to
initiate medical forensic services to a sexual assault
survivor within 90 minutes of a concern of acute sexual
assault arising at the hospital or facility. the patient
presenting to the treatment hospital or treatment hospital
with approved pediatric transfer. The provision of medical
forensic services by a qualified medical provider shall not
delay the provision of life-saving medical care.
(b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Health Care Services Act, the Health Care Surrogate
Act, or other applicable State and federal laws.
(b-5) Every hospital or approved pediatric health care
facility providing medical forensic services to sexual assault
survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section 5.2
of this Act. The hospital shall make a copy of the voucher and
place it in the medical record of the sexual assault survivor.
The hospital shall provide a copy of the voucher to the sexual
assault survivor after discharge upon request.

HB2374 - 33 - LRB104 11915 BDA 22006 b
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital
or approved pediatric health care facility.
(d) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19;
101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff.
8-20-21; 102-674, eff. 11-30-21; 102-813, eff. 5-13-22;
102-1106, eff. 1-1-23.)
(410 ILCS 70/5.3)
Sec. 5.3. Pediatric sexual assault care.
(a) The General Assembly finds:
(1) Pediatric sexual assault survivors can suffer from
a wide range of health problems across their life span. In
addition to immediate health issues, such as sexually
transmitted infections, physical injuries, and
psychological trauma, child sexual abuse victims are at
greater risk for a plethora of adverse psychological and
somatic problems into adulthood in contrast to those who
were not sexually abused.
(2) Sexual abuse against the pediatric population is
distinct, particularly due to their dependence on their
caregivers and the ability of perpetrators to manipulate
and silence them (especially when the perpetrators are
family members or other adults trusted by, or with power

HB2374 - 34 - LRB104 11915 BDA 22006 b
over, children). Sexual abuse is often hidden by
perpetrators, unwitnessed by others, and may leave no
obvious physical signs on child victims.
(3) Pediatric sexual assault survivors throughout the
State should have access to qualified medical providers
who have received specialized training regarding the care
of pediatric sexual assault survivors within a reasonable
distance from their home.
(4) There is a need in Illinois to increase the number
of qualified medical providers available to provide
medical forensic services to pediatric sexual assault
survivors.
(b) If a medically stable pediatric sexual assault
survivor presents at a transfer hospital or treatment hospital
with approved pediatric transfer that has a plan approved by
the Department requesting medical forensic services, then the
hospital emergency department staff shall contact an approved
pediatric health care facility, if one is designated in the
hospital's plan.
If the transferring hospital confirms that medical
forensic services can be initiated within 90 minutes of the
acute sexual assault survivor's patient's arrival at the
approved pediatric health care facility following an immediate
transfer, then the hospital emergency department staff shall
notify the patient and non-offending parent or legal guardian
that the patient will be transferred for medical forensic

HB2374 - 35 - LRB104 11915 BDA 22006 b
services and shall provide the patient and non-offending
parent or legal guardian the option of being transferred to
the approved pediatric health care facility or the treatment
hospital designated in the hospital's plan. The pediatric
sexual assault survivor may be transported by ambulance, law
enforcement, or personal vehicle.
If medical forensic services cannot be initiated within 90
minutes of the acute sexual assault survivor's patient's
arrival at the approved pediatric health care facility, there
is no approved pediatric health care facility designated in
the hospital's plan, or the patient or non-offending parent or
legal guardian chooses to be transferred to a treatment
hospital, the hospital emergency department staff shall
contact a treatment hospital designated in the hospital's plan
to arrange for the transfer of the patient to the treatment
hospital for medical forensic services, which are to be
initiated within 90 minutes of the patient's arrival at the
treatment hospital. The treatment hospital shall provide
medical forensic services and may not transfer the patient to
another facility. The pediatric sexual assault survivor may be
transported by ambulance, law enforcement, or personal
vehicle.
(c) If a medically stable pediatric sexual assault
survivor presents at a treatment hospital that has a plan
approved by the Department requesting medical forensic
services, then the hospital emergency department staff shall

HB2374 - 36 - LRB104 11915 BDA 22006 b
contact an approved pediatric health care facility, if one is
designated in the treatment hospital's areawide treatment
plan.
If medical forensic services can be initiated within 90
minutes after the acute sexual assault survivor's patient's
arrival at the approved pediatric health care facility
following an immediate transfer, the hospital emergency
department staff shall provide the patient and non-offending
parent or legal guardian the option of having medical forensic
services performed at the treatment hospital or at the
approved pediatric health care facility. If the patient or
non-offending parent or legal guardian chooses to be
transferred, the pediatric sexual assault survivor may be
transported by ambulance, law enforcement, or personal
vehicle.
If medical forensic services cannot be initiated within 90
minutes after the acute sexual assault survivor's patient's
arrival to the approved pediatric health care facility, there
is no approved pediatric health care facility designated in
the hospital's plan, or the patient or non-offending parent or
legal guardian chooses not to be transferred, the hospital
shall provide medical forensic services to the patient.
(d) If a pediatric acute sexual assault survivor presents
at an approved pediatric health care facility during posted
hours of operation requesting medical forensic services or the
facility is contacted by law enforcement or the Department of

HB2374 - 37 - LRB104 11915 BDA 22006 b
Children and Family Services requesting medical forensic
services for a pediatric acute sexual assault survivor, the
services shall be provided at the facility if the medical
forensic services can be initiated within 90 minutes after the
patient's arrival at the facility. If medical forensic
services cannot be initiated within 90 minutes after the acute
sexual assault survivor's patient's arrival at the facility,
then the patient shall be transferred to a treatment hospital
designated in the approved pediatric health care facility's
plan for medical forensic services. The pediatric sexual
assault survivor may be transported by ambulance, law
enforcement, or personal vehicle.
(e) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21.)
(410 ILCS 70/5.4)
Sec. 5.4. Out-of-state hospitals.
(a) Nothing in this Section shall prohibit the transfer of
a patient in need of medical services from a hospital that has
been designated as a trauma center by the Department in
accordance with Section 3.90 of the Emergency Medical Services
(EMS) Systems Act.
(b) A transfer hospital, treatment hospital with approved
pediatric transfer, or approved pediatric health care facility

HB2374 - 38 - LRB104 11915 BDA 22006 b
may transfer a sexual assault survivor to an out-of-state
hospital that is located in a county that borders Illinois if
the out-of-state hospital: (1) submits an areawide treatment
plan approved by the Department; and (2) has certified the
following to the Department in a form and manner prescribed by
the Department that the out-of-state hospital will:
(i) consent to the jurisdiction of the Department in
accordance with Section 2.06 of this Act;
(ii) comply with all requirements of this Act
applicable to treatment hospitals, including, but not
limited to, offering evidence collection to any Illinois
sexual assault survivor who presents with a complaint of
acute sexual assault within a minimum of the last 7 days or
who has disclosed past sexual assault by a specific
individual and was in the care of that individual within a
minimum of the last 7 days and not billing the sexual
assault survivor for medical forensic services or 180 days
of follow-up healthcare;
(iii) use an Illinois State Police Sexual Assault
Evidence Collection Kit to collect forensic evidence from
an Illinois acute sexual assault survivor;
(iv) ensure its staff cooperates with Illinois law
enforcement agencies and are responsive to subpoenas
issued by Illinois courts; and
(v) provide appropriate transportation upon the
completion of medical forensic services back to the

HB2374 - 39 - LRB104 11915 BDA 22006 b
transfer hospital or treatment hospital with pediatric
transfer where the sexual assault survivor initially
presented seeking medical forensic services, unless the
sexual assault survivor chooses to arrange his or her own
transportation.
(c) Subsection (b) of this Section is inoperative on and
after January 1, 2029.
(Source: P.A. 102-1097, eff. 1-1-23; 102-1106, eff. 1-1-23;
103-154, eff. 6-30-23.)
(410 ILCS 70/7.5)
Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing
protocols.
(a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
(1) charge or submit a bill for any portion of the
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an
insurer, spenddown, or any other out-of-pocket expense;
(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but

HB2374 - 40 - LRB104 11915 BDA 22006 b
not limited to, repeatedly calling or writing to the
sexual assault survivor and threatening to refer the
matter to a debt collection agency or to an attorney for
collection, enforcement, or filing of other process;
(3) refer a bill to a collection agency or attorney
for collection action against the sexual assault survivor;
(4) contact or distribute information to affect the
sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual
assault survivor or his or her family on account of
providing services to the sexual assault survivor.
(a-5) Notwithstanding any other provision of law,
including, but not limited to, subsection (a), a sexual
assault survivor who is not the subscriber or primary
policyholder of the sexual assault survivor's insurance policy
may opt out of billing the sexual assault survivor's private
insurance provider. If the sexual assault survivor opts out of
billing the sexual assault survivor's private insurance
provider, then the bill for medical forensic services shall be
sent to the Department of Healthcare and Family Services'
Sexual Assault Emergency Treatment Program for reimbursement
for the services provided to the sexual assault survivor.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.

HB2374 - 41 - LRB104 11915 BDA 22006 b
(c) Every hospital and approved pediatric health care
facility providing treatment services to sexual assault
survivors in accordance with a plan approved under Section 2
of this Act shall provide a written notice to a sexual assault
survivor. The written notice must include, but is not limited
to, the following:
(1) a statement that the sexual assault survivor
should not be directly billed by any ambulance provider
providing transportation services, or by any hospital,
approved pediatric health care facility, health care
professional, laboratory, or pharmacy for the services the
sexual assault survivor received as an outpatient at the
hospital or approved pediatric health care facility;
(2) a statement that a sexual assault survivor who is
admitted to a hospital may be billed for inpatient
services provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the hospital or
approved pediatric health care facility, the hospital or
approved pediatric health care facility will give the
sexual assault survivor a sexual assault services voucher
for follow-up healthcare if the sexual assault survivor is
eligible to receive a sexual assault services voucher;
(4) the definition of "follow-up healthcare" as set
forth in Section 1a of this Act;
(5) a phone number the sexual assault survivor may

HB2374 - 42 - LRB104 11915 BDA 22006 b
call should the sexual assault survivor receive a bill
from the hospital or approved pediatric health care
facility for medical forensic services;
(6) the toll-free phone number of the Office of the
Illinois Attorney General, which the sexual assault
survivor may call should the sexual assault survivor
receive a bill from an ambulance provider, approved
pediatric health care facility, a health care
professional, a laboratory, or a pharmacy.
This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.
(d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Department of Healthcare and Family Services Office of the
Attorney General for approval. Within 60 days after the
commencement of the provision of medical forensic services,
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital

HB2374 - 43 - LRB104 11915 BDA 22006 b
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Department of Healthcare and Family
Services Attorney General for approval. Health care
professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Department of Healthcare and Family Services Office of
the Attorney General for approval.
The billing protocol must include at a minimum:
(1) a description of training for persons who prepare
bills for medical and forensic services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;
(3) prohibitions on submitting any bill for any
portion of medical forensic services provided to a
survivor of sexual assault to a collection agency;

HB2374 - 44 - LRB104 11915 BDA 22006 b
(4) prohibitions on taking any action that would
adversely affect the credit of the survivor of sexual
assault;
(5) the termination of all collection activities if
the protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any
credit reporting agency.
The Department of Healthcare and Family Services Office of
the Attorney General may provide a sample acceptable billing
protocol upon request.
The Department of Healthcare and Family Services Office of
the Attorney General shall approve a proposed protocol if it
finds that the implementation of the protocol would result in
no survivor of sexual assault being billed or sent a bill for
medical forensic services.
If the Department of Healthcare and Family Services Office
of the Attorney General determines that implementation of the
protocol could result in the billing of a survivor of sexual
assault for medical forensic services, the Department of
Healthcare and Family Services Office of the Attorney General
shall provide the health care professional or approved
pediatric health care facility with a written statement of the
deficiencies in the protocol. The health care professional or
approved pediatric health care facility shall have 30 days to
submit a revised billing protocol addressing the deficiencies

HB2374 - 45 - LRB104 11915 BDA 22006 b
to the Department of Healthcare and Family Services Office of
the Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Department of Healthcare and Family
Services Office of the Attorney General.
The health care professional or approved pediatric health
care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Department
of Healthcare and Family Services Office of the Attorney
General for approval. The health care professional or approved
pediatric health care facility shall implement the revised or
modified billing protocol upon approval by the Department of
Healthcare and Family Services Office of the Illinois Attorney
General.
(e) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff.
1-1-23.)
(410 ILCS 70/10)
Sec. 10. Sexual Assault Nurse Examiner Program.
(a) The Sexual Assault Nurse Examiner Program is
established within the Office of the Attorney General. The
Sexual Assault Nurse Examiner Program shall maintain a list of
sexual assault nurse examiners who have completed didactic and

HB2374 - 46 - LRB104 11915 BDA 22006 b
clinical training requirements consistent with the Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses.
(b) By March 1, 2019, the Sexual Assault Nurse Examiner
Program shall develop and make available to hospitals 2 hours
of online sexual assault training for emergency department
clinical staff to meet the training requirement established in
subsection (a) of Section 2. Notwithstanding any other law
regarding ongoing licensure requirements, such training shall
count toward the continuing medical education and continuing
nursing education credits for physicians, physician
assistants, advanced practice registered nurses, and
registered professional nurses.
The Sexual Assault Nurse Examiner Program shall provide
didactic and clinical training opportunities consistent with
the Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses, in sufficient numbers and geographical locations
across the State, to assist treatment hospitals and approved
pediatric health care facilities with training the necessary
number of sexual assault nurse examiners to comply with the
requirement of this Act to employ or contract with a qualified
medical provider to initiate medical forensic services to a
sexual assault survivor within 90 minutes of a concern of
acute sexual assault arising at the hospital or facility the
patient presenting to the hospital as required in subsection

HB2374 - 47 - LRB104 11915 BDA 22006 b
(a-7) of Section 5.
The Sexual Assault Nurse Examiner Program shall assist
hospitals in establishing trainings to achieve the
requirements of this Act.
For the purpose of providing continuing medical education
credit in accordance with the Medical Practice Act of 1987 and
administrative rules adopted under the Medical Practice Act of
1987 and continuing education credit in accordance with the
Nurse Practice Act and administrative rules adopted under the
Nurse Practice Act to health care professionals for the
completion of sexual assault training provided by the Sexual
Assault Nurse Examiner Program under this Act, the Office of
the Attorney General shall be considered a State agency.
(c) The Sexual Assault Nurse Examiner Program, in
consultation with qualified medical providers, shall create
uniform materials that all treatment hospitals, treatment
hospitals with approved pediatric transfer, and approved
pediatric health care facilities are required to give patients
and non-offending parents or legal guardians, if applicable,
regarding the medical forensic exam procedure, laws regarding
consenting to medical forensic services, and the benefits and
risks of evidence collection, including recommended time
frames for evidence collection pursuant to evidence-based
research. These materials shall be made available to all
hospitals and approved pediatric health care facilities on the
Office of the Attorney General's website.

HB2374 - 48 - LRB104 11915 BDA 22006 b