Public Act 100-0775

HB5245 Enrolled LRB100 20715 MJP 36183 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, 2.1, 2.2,

3, 5, 5.5, 6.1, 6.2, 6.4, 6.5, 6.6, 7, 7.5, 8, and 9 and by

adding Sections 2.05, 2.06, 5.1, 5.2, 5.3, 5.4, 9.5, and 10 as

follows:

(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)

Sec. 1a. Definitions. In this Act:

"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

forensic services to pediatric 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.

"Areawide sexual assault treatment plan" means a plan,

developed by the hospitals or by hospitals and approved

pediatric health care facilities in a the community or area to

be served, which provides for medical forensic hospital

emergency services to 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 pharmacy

services, rendered within 90 days of the initial visit for

medical forensic hospital emergency services.

"Forensic services" means the collection of evidence

pursuant to a statewide sexual assault evidence collection

program administered by the Department of State Police, using

the Illinois State Police Sexual Assault Evidence Collection

Kit.

"Health care professional" means a physician, a physician

assistant, a sexual assault forensic examiner, or 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 has the meaning given to that term in the Hospital

Licensing Act.

"Hospital emergency services" means healthcare delivered

to outpatients within or under the care and supervision of

personnel working in a designated emergency department of a

hospital, including, but not limited to, care ordered by such

personnel for a sexual assault survivor in the emergency

department.

"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

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

Department of 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 pediatric

patients.

"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.

"Nurse" means a nurse licensed under the Nurse Practice

Act.

"Physician" means a person licensed to practice medicine in

all its branches.

"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 nonconsensual 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, or sexual penetration, as defined in Section

11-0.1 of the Criminal Code of 2012, including, 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

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 hospital emergency 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 sexual

assault survivors to another hospital, and an approved

pediatric health care facility, if applicable, in order to

receive medical forensic services emergency treatment.

"Sexual assault treatment plan" means a written plan

developed by a hospital that describes the hospital's

procedures and protocols for providing medical hospital

emergency services and forensic services to sexual assault

survivors who present themselves for such services, either

directly or through transfer from a another 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 a

hospital or an approved pediatric health care facility that

provides medical hospital emergency services and 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 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

assault survivors 13 years old or older 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.

"Voucher" means a document generated by a hospital at the

time the sexual assault survivor receives hospital emergency

and forensic services that a sexual assault survivor may

present to providers for follow-up healthcare.

(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17;

100-513, eff. 1-1-18.)

(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 approved

July 1, 1953, as now or hereafter amended, which provides

general medical and surgical hospital services shall provide

either (i) transfer services to all sexual assault survivors,

or (ii) medical hospital emergency services and forensic

services to all sexual assault survivors, or (iii) transfer

services to pediatric sexual assault survivors and medical

forensic services to sexual assault survivors 13 years old or

older, in accordance with rules and regulations adopted by the

Department, to all sexual assault survivors who apply for

either (i) transfer services or (ii) hospital emergency

services and forensic 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, shall submit to the

Department a plan to provide either (i) transfer services to

all sexual assault survivors, or (ii) medical hospital

emergency services and forensic services to all sexual assault

survivors, or (iii) transfer services to pediatric sexual

assault survivors and medical forensic services to sexual

assault survivors 13 years old or older. Such plan shall be

submitted within 60 days after receipt of the Department's

request for this plan, to the Department for approval prior to

such plan becoming effective. The Department shall approve such

plan for either (i) transfer services to all sexual assault

survivors, or (ii) medical hospital emergency services and

forensic services to all sexual assault survivors, or (iii)

transfer services to pediatric sexual assault survivors and

medical forensic services to sexual assault survivors 13 years

old or older, if it finds that the implementation of the

proposed plan would provide adequate (i) transfer services or

(ii) medical hospital emergency services and forensic services

for sexual assault survivors in accordance with the

requirements of this Act and provide sufficient protections

from the risk of pregnancy to sexual assault survivors.

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 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.

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.

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 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 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.

(b) An approved pediatric health care facility may provide

medical forensic services, in accordance with rules adopted by

the Department, to all pediatric sexual assault survivors who

present for medical forensic services in relation to injuries

or trauma resulting from a sexual 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

pediatric sexual assault survivors, 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 plan is

approved or rejected. A pediatric health care facility may not

provide medical forensic services to pediatric 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 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

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 shall include

procedures for complying with mandatory reporting requirements

pursuant to (1) the Abused and Neglected Child Reporting Act;

(2) the Abused and 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 sexual assault survivors and

(ii) pediatric sexual assault survivors pursuant to

paragraph (1.5) of subsection (a-5) of Section 5;

(B) completed for (i) all sexual assault survivors

and (ii) pediatric sexual assault survivors; and

(C) declined by (i) all sexual assault survivors

and (ii) pediatric sexual assault survivors.

This information shall be made available on the

Department's website.

The Department shall periodically conduct on site reviews

of such approved plans with hospital personnel to insure that

the established procedures are being followed.

On January 1, 2007, and each January 1 thereafter, the

Department shall submit a report to the General Assembly

containing information on the hospitals in this State that have

submitted a plan to provide either (i) transfer services or

(ii) hospital emergency services and forensic services to

sexual assault survivors. The Department shall post on its

Internet website the report required in this Section. The

report shall include all of the following:

(1) A list of all hospitals that have submitted a plan.

(2) A list of hospitals whose plans have been found by

the Department to be in compliance with this Act.

(3) A list of hospitals that have failed to submit an

acceptable Plan of Correction within the time required by

Section 2.1 of this Act.

(4) A list of hospitals at which the periodic site

review required by this Act has been conducted.

When a hospital listed as noncompliant under item (3) of this

Section submits and implements the required Plan of Correction,

the Department shall immediately update the report on its

Internet website to reflect that hospital's compliance.

(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)

(410 ILCS 70/2.05 new)

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 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 sexual assault survivors,

(ii) medical forensic services to all sexual assault survivors,

(iii) transfer services to pediatric sexual assault survivors

and medical forensic services to sexual assault survivors 13

years old or older, or (iv) medical forensic services to

pediatric sexual assault 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

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.

(410 ILCS 70/2.06 new)

Sec. 2.06. Consent to jurisdiction. A pediatric health care

facility that submits a plan to the Department for approval

under Section 2 or an out-of-state hospital that submits an

areawide treatment plan in accordance with subsection (b) of

Section 5.4 consents to the jurisdiction and oversight of the

Department, including, but not limited to, inspections,

investigations, and evaluations arising out of complaints

relevant to this Act made to the Department. A pediatric health

care facility that submits a plan to the Department for

approval under Section 2 or an out-of-state hospital that

submits an areawide treatment plan in accordance with

subsection (b) of Section 5.4 shall be deemed to have given

consent to annual inspections, surveys, or evaluations

relevant to this Act by properly identified personnel of the

Department or by such other properly identified persons,

including local health department staff, as the Department may

designate. In addition, representatives of the Department

shall have access to and may reproduce or photocopy any books,

records, and other documents maintained by the pediatric health

care facility or the facility's representatives or the

out-of-state hospital or the out-of-state hospital's

representative to the extent necessary to carry out this Act.

No representative, agent, or person acting on behalf of the

pediatric health care facility or out-of-state hospital in any

manner shall intentionally prevent, interfere with, or attempt

to impede in any way any duly authorized investigation and

enforcement of this Act. The Department shall have the power to

adopt rules to carry out the purpose of regulating a pediatric

health care facility or out-of-state hospital. In carrying out

oversight of a pediatric health care facility or an

out-of-state hospital, the Department shall respect the

confidentiality of all patient records, including by complying

with the patient record confidentiality requirements set out in

Section 6.14b of the Hospital Licensing Act.

(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 compliance

with its approved plan, the surveyor shall provide the hospital

or approved pediatric health care facility with a written 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 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 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.

(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.

(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)

(410 ILCS 70/2.2)

Sec. 2.2. Emergency contraception.

(a) The General Assembly finds:

(1) Crimes of sexual assault and sexual abuse 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) Every Within 120 days after the effective date of this

amendatory Act of the 92nd General Assembly, 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 sexual assault will receive medically and factually

accurate and written and oral information about emergency

contraception; the indications and contraindications

counter-indications 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. The Department shall

approve the protocol if it finds that the implementation of the

protocol would provide sufficient protection for survivors of

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.

(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)

(410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)

Sec. 3. Areawide sexual assault treatment plans;

submission. Hospitals and approved pediatric health care

facilities in the area to be served may develop and participate

in areawide plans that shall describe the medical hospital

emergency services and forensic services to sexual assault

survivors that each participating hospital and approved

pediatric health care facility has agreed to make available.

Each hospital and approved pediatric health care facility

participating in such a plan shall provide such services as it

is designated to provide in the plan agreed upon by the

participants. An areawide plan Areawide plans may include

treatment hospitals, treatment hospitals with approved

pediatric transfer, transfer hospitals, approved pediatric

health care facilities, or out-of-state hospitals as provided

in Section 5.4 hospital transfer plans. All areawide plans

shall be submitted to the Department for approval, prior to

becoming effective. The Department shall approve a proposed

plan if it finds that the minimum requirements set forth in

Section 5 and implementation of the plan would provide for

appropriate medical hospital emergency services and forensic

services for the people of the area to be served.

(Source: P.A. 95-432, eff. 1-1-08.)

(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 providing hospital emergency

services and forensic services to sexual assault survivors.

(a) Every hospital and approved pediatric health care

facility providing medical hospital emergency services and

forensic services to 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 physician assistant, the services set forth in

subsection (a-5). following:

Beginning January 1, 2022, 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 appropriate medical forensic services

without delay, in a private, age-appropriate or

developmentally-appropriate space, examinations and

laboratory tests required to ensure the health, safety, and

welfare of a sexual assault survivor and or 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. , or both; and

records of the results of such examinations and tests shall

be maintained by the hospital and made available to law

enforcement officials upon the request of the sexual

assault survivor;

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

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 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.

(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,

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 sexual assault within a minimum of

96 hours after the sexual assault.

Before January 1, 2022, the information required

under this subparagraph shall be provided in person by

the health care professional providing medical

forensic services directly to the sexual assault

survivor.

On and after January 1, 2022, 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 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

immunodeficiency virus (HIV) from sexual assault, disease

and pregnancy resulting from sexual assault. ;

(3) Appropriate 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. ;

(4) An 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. an evaluation of the sexual

assault survivor's risk of contracting human

immunodeficiency virus (HIV) from the sexual assault;

(6) Written 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. disease;

(7) Referral referral by hospital or approved

pediatric health care facility personnel for appropriate

counseling. ; and

(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. when HIV prophylaxis is

deemed appropriate, an initial dose or doses of HIV

prophylaxis, along with written and oral instructions

indicating the importance of timely follow-up healthcare.

(9) Written information regarding services provided by

a Children's Advocacy Center and rape crisis center, if

applicable.

(a-7) By January 1, 2022, every hospital 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 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 emergency hospital services and 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 Medical

Procedures Act, the Health Care Surrogate Act, or other

applicable State and federal laws.

(b-5) Every treating hospital or approved pediatric health

care facility providing medical hospital emergency and

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.

(c) Nothing in this Section creates a physician-patient

relationship that extends beyond discharge from the hospital or

approved pediatric health care facility emergency department.

(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;

99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)

(410 ILCS 70/5.1 new)

Sec. 5.1. Storage, retention, and dissemination of photo

documentation relating to medical forensic services. Photo

documentation taken during a medical forensic examination

shall be maintained by the hospital or approved pediatric

health care facility as part of the patient's medical record.

Photo documentation shall be stored and backed up securely

in its original file format in accordance with facility

protocol. The facility protocol shall require limited access to

the images and be included in the sexual assault treatment plan

submitted to the Department.

Photo documentation of a sexual assault survivor under the

age of 18 shall be retained for a period of 60 years after the

sexual assault survivor reaches the age of 18. Photo

documentation of a sexual assault survivor 18 years of age or

older shall be retained for a period of 20 years after the

record was created.

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 may be used for

peer review, expert second opinion, or in a criminal proceeding

against a person accused of sexual assault, a proceeding under

the Juvenile Court Act of 1987, or in an investigation under

the Abused and Neglected Child Reporting Act. Any dissemination

of photo documentation, including for peer review, an expert

second opinion, or in any court or administrative proceeding or

investigation, must be in accordance with State and federal

law.

(410 ILCS 70/5.2 new)

Sec. 5.2. Sexual assault services voucher.

(a) A sexual assault services voucher shall be issued by a

treatment hospital, treatment hospital with approved pediatric

transfer, or approved pediatric health care facility at the

time a sexual assault survivor receives medical forensic

services.

(b) Each treatment hospital, treatment hospital with

approved pediatric transfer, and approved pediatric health

care facility must include in its sexual assault treatment plan

submitted to the Department in accordance with Section 2 of

this Act a protocol for issuing sexual assault services

vouchers. The protocol shall, at a minimum, include the

following:

(1) Identification of employee positions responsible

for issuing sexual assault services vouchers.

(2) Identification of employee positions with access

to the Medical Electronic Data Interchange or successor

system.

(3) A statement to be signed by each employee of an

approved pediatric health care facility with access to the

Medical Electronic Data Interchange or successor system

affirming that the Medical Electronic Data Interchange or

successor system will only be used for the purpose of

issuing sexual assault services vouchers.

(c) A sexual assault services voucher 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.

(d) Any treatment hospital, treatment hospital with

approved pediatric transfer, approved pediatric health care

facility, health care professional, ambulance provider,

laboratory, or pharmacy may submit a bill for services provided

to a sexual assault survivor as a result of a sexual assault to

the Department of Healthcare and Family Services Sexual Assault

Emergency Treatment Program. The bill shall include:

(1) the name and date of birth of the sexual assault

survivor;

(2) the service provided;

(3) the charge of service;

(4) the date the service was provided; and

(5) the recipient identification number, if known.

A health care professional, ambulance provider,

laboratory, or pharmacy is not required to submit a copy of the

sexual assault services voucher.

The Department of Healthcare and Family Services Sexual

Assault Emergency Treatment Program shall electronically

verify, using the Medical Electronic Data Interchange or a

successor system, that a sexual assault services voucher was

issued to a sexual assault survivor prior to issuing payment

for the services.

If a sexual assault services voucher was not issued to a

sexual assault survivor by the treatment hospital, treatment

hospital with approved pediatric transfer, or approved

pediatric health care facility, then a health care

professional, ambulance provider, laboratory, or pharmacy may

submit a request to the Department of Healthcare and Family

Services Sexual Assault Emergency Treatment Program to issue a

sexual assault services voucher.

(410 ILCS 70/5.3 new)

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

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

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 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 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 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 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 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 sexual assault survivor presents at an

approved pediatric health care facility requesting medical

forensic services or the facility is contacted by law

enforcement or the Department of Children and Family Services

requesting medical forensic services for a pediatric 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 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.

(410 ILCS 70/5.4 new)

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

may transfer a sexual assault survivor to an out-of-state

hospital that has been designated as a trauma center by the

Department under Section 3.90 of the Emergency Medical Services

(EMS) Systems Act 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

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 90 days of follow-up

healthcare;

(iii) use an Illinois State Police Sexual Assault

Evidence Collection Kit to collect forensic evidence from

an Illinois 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

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, 2024.

(410 ILCS 70/5.5)

Sec. 5.5. Minimum reimbursement requirements for follow-up

healthcare.

(a) Every hospital, pediatric health care facility, health

care professional, laboratory, or pharmacy that provides

follow-up healthcare to a sexual assault survivor, with the

consent of the sexual assault survivor and as ordered by the

attending physician, an advanced practice registered nurse, or

physician assistant shall be reimbursed for the follow-up

healthcare services provided. Follow-up healthcare services

include, but are not limited to, the following:

(1) a physical examination;

(2) laboratory tests to determine the presence or

absence of sexually transmitted infection disease; and

(3) appropriate medications, including HIV

prophylaxis, in accordance with the Centers for Disease

Control and Prevention's guidelines.

(b) Reimbursable follow-up healthcare is limited to office

visits with a physician, advanced practice registered nurse, or

physician assistant within 90 days after an initial visit for

hospital medical forensic emergency services.

(c) Nothing in this Section requires a hospital, pediatric

health care facility, health care professional, laboratory, or

pharmacy to provide follow-up healthcare to a sexual assault

survivor.

(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)

(410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)

Sec. 6.1. Minimum standards. The Department shall

prescribe minimum standards, rules, and regulations necessary

to implement this Act and the changes made by this amendatory

Act of the 100th General Assembly, which shall apply to every

hospital required to be licensed by the Department that

provides general medical and surgical hospital services and to

every approved pediatric health care facility. Such standards

shall include, but not be limited to, a uniform system for

recording results of medical examinations and all diagnostic

tests performed in connection therewith to determine the

condition and necessary treatment of sexual assault survivors,

which results shall be preserved in a confidential manner as

part of the hospital's or approved pediatric health care

facility's hospital record of the sexual assault survivor.

(Source: P.A. 95-432, eff. 1-1-08.)

(410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)

Sec. 6.2. Assistance and grants. The Department shall

assist in the development and operation of programs which

provide medical hospital emergency services and forensic

services to sexual assault survivors, and, where necessary, to

provide grants to hospitals and approved pediatric health care

facilities for this purpose.

(Source: P.A. 95-432, eff. 1-1-08.)

(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)

Sec. 6.4. Sexual assault evidence collection program.

(a) There is created a statewide sexual assault evidence

collection program to facilitate the prosecution of persons

accused of sexual assault. This program shall be administered

by the Illinois State Police. The program shall consist of the

following: (1) distribution of sexual assault evidence

collection kits which have been approved by the Illinois State

Police to hospitals and approved pediatric health care

facilities that request them, or arranging for such

distribution by the manufacturer of the kits, (2) collection of

the kits from hospitals and approved pediatric health care

facilities after the kits have been used to collect evidence,

(3) analysis of the collected evidence and conducting of

laboratory tests, (4) maintaining the chain of custody and

safekeeping of the evidence for use in a legal proceeding, and

(5) the comparison of the collected evidence with the genetic

marker grouping analysis information maintained by the

Department of State Police under Section 5-4-3 of the Unified

Code of Corrections and with the information contained in the

Federal Bureau of Investigation's National DNA database;

provided the amount and quality of genetic marker grouping

results obtained from the evidence in the sexual assault case

meets the requirements of both the Department of State Police

and the Federal Bureau of Investigation's Combined DNA Index

System (CODIS) policies. The standardized evidence collection

kit for the State of Illinois shall be the Illinois State

Police Sexual Assault Evidence Kit and shall include a written

consent form authorizing law enforcement to test the sexual

assault evidence and to provide law enforcement with details of

the sexual assault.

(a-5) (Blank).

(b) The Illinois State Police shall administer a program to

train hospitals and hospital and approved pediatric health care

facility personnel participating in the sexual assault

evidence collection program, in the correct use and application

of the sexual assault evidence collection kits. A sexual

assault nurse examiner may conduct examinations using the

sexual assault evidence collection kits, without the presence

or participation of a physician. The Department shall cooperate

with the Illinois State Police in this program as it pertains

to medical aspects of the evidence collection.

(c) (Blank). In this Section, "sexual assault nurse

examiner" means a registered nurse who has completed a sexual

assault nurse examiner (SANE) training program that meets the

Forensic Sexual Assault Nurse Examiner Education Guidelines

established by the International Association of Forensic

Nurses.

(Source: P.A. 99-801, eff. 1-1-17.)

(410 ILCS 70/6.5)

Sec. 6.5. Written consent to the release of sexual assault

evidence for testing.

(a) Upon the completion of medical hospital emergency

services and forensic services, the health care professional

providing the medical forensic services shall provide the

patient the opportunity to sign a written consent to allow law

enforcement to submit the sexual assault evidence for testing,

if collected. The written consent shall be on a form included

in the sexual assault evidence collection kit and posted on the

Illinois State Police website. The consent form shall include

whether the survivor consents to the release of information

about the sexual assault to law enforcement.

(1) A survivor 13 years of age or older may sign the

written consent to release the evidence for testing.

(2) If the survivor is a minor who is under 13 years of

age, the written consent to release the sexual assault

evidence for testing may be signed by the parent, guardian,

investigating law enforcement officer, or Department of

Children and Family Services.

(3) If the survivor is an adult who has a guardian of

the person, a health care surrogate, or an agent acting

under a health care power of attorney, the consent of the

guardian, surrogate, or agent is not required to release

evidence and information concerning the sexual assault or

sexual abuse. If the adult is unable to provide consent for

the release of evidence and information and a guardian,

surrogate, or agent under a health care power of attorney

is unavailable or unwilling to release the information,

then an investigating law enforcement officer may

authorize the release.

(4) Any health care professional or , including any

physician, advanced practice registered nurse, physician

assistant, or nurse, sexual assault nurse examiner, and any

health care institution, including any hospital or

approved pediatric health care facility, who provides

evidence or information to a law enforcement officer under

a written consent as specified in this Section is immune

from any civil or professional liability that might arise

from those actions, with the exception of willful or wanton

misconduct. The immunity provision applies only if all of

the requirements of this Section are met.

(b) The hospital or approved pediatric health care facility

shall keep a copy of a signed or unsigned written consent form

in the patient's medical record.

(c) If a written consent to allow law enforcement to hold

test the sexual assault evidence is not signed at the

completion of medical hospital emergency services and forensic

services, the hospital or approved pediatric health care

facility shall include the following information in its

discharge instructions:

(1) the sexual assault evidence will be stored for 5

years from the completion of an Illinois State Police

Sexual Assault Evidence Collection Kit, or 5 years from the

age of 18 years, whichever is longer;

(2) a person authorized to consent to the testing of

the sexual assault evidence may sign a written consent to

allow law enforcement to test the sexual assault evidence

at any time during that 5-year period for an adult victim,

or until a minor victim turns 23 years of age by (A)

contacting the law enforcement agency having jurisdiction,

or if unknown, the law enforcement agency contacted by the

hospital or approved pediatric health care facility under

Section 3.2 of the Criminal Identification Act; or (B) by

working with an advocate at a rape crisis center;

(3) the name, address, and phone number of the law

enforcement agency having jurisdiction, or if unknown the

name, address, and phone number of the law enforcement

agency contacted by the hospital or approved pediatric

health care facility under Section 3.2 of the Criminal

Identification Act; and

(4) the name and phone number of a local rape crisis

center.

(Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18.)

(410 ILCS 70/6.6)

Sec. 6.6. Submission of sexual assault evidence.

(a) As soon as practicable, but in no event more than 4

hours after the completion of medical hospital emergency

services and forensic services, the hospital or approved

pediatric health care facility shall make reasonable efforts to

determine the law enforcement agency having jurisdiction where

the sexual assault occurred, if sexual assault evidence was

collected. The hospital or approved pediatric health care

facility may obtain the name of the law enforcement agency with

jurisdiction from the local law enforcement agency.

(b) Within 4 hours after the completion of medical hospital

emergency services and forensic services, the hospital or

approved pediatric health care facility shall notify the law

enforcement agency having jurisdiction that the hospital or

approved pediatric health care facility is in possession of

sexual assault evidence and the date and time the collection of

evidence was completed. The hospital or approved pediatric

health care facility shall document the notification in the

patient's medical records and shall include the agency

notified, the date and time of the notification and the name of

the person who received the notification. This notification to

the law enforcement agency having jurisdiction satisfies the

hospital's or approved pediatric health care facility's

requirement to contact its local law enforcement agency under

Section 3.2 of the Criminal Identification Act.

(c) If the law enforcement agency having jurisdiction has

not taken physical custody of sexual assault evidence within 5

days of the first contact by the hospital or approved pediatric

health care facility, the hospital or approved pediatric health

care facility shall renotify the law enforcement agency having

jurisdiction that the hospital or approved pediatric health

care facility is in possession of sexual assault evidence and

the date the sexual assault evidence was collected. The

hospital or approved pediatric health care facility shall

document the renotification in the patient's medical records

and shall include the agency notified, the date and time of the

notification and the name of the person who received the

notification.

(d) If the law enforcement agency having jurisdiction has

not taken physical custody of the sexual assault evidence

within 10 days of the first contact by the hospital or approved

pediatric health care facility and the hospital or approved

pediatric health care facility has provided renotification

under subsection (c) of this Section, the hospital or approved

pediatric health care facility shall contact the State's

Attorney of the county where the law enforcement agency having

jurisdiction is located. The hospital or approved pediatric

health care facility shall inform the State's Attorney that the

hospital or approved pediatric health care facility is in

possession of sexual assault evidence, the date the sexual

assault evidence was collected, the law enforcement agency

having jurisdiction, the dates, times and names of persons

notified under subsections (b) and (c) of this Section. The

notification shall be made within 14 days of the collection of

the sexual assault evidence.

(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)

(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)

Sec. 7. Reimbursement.

(a) A hospital, approved pediatric health care facility, or

health care professional furnishing medical hospital emergency

services or forensic services, an ambulance provider

furnishing transportation to a sexual assault survivor, a

hospital, health care professional, or laboratory providing

follow-up healthcare, or a pharmacy dispensing prescribed

medications to any sexual assault survivor shall furnish such

services or medications to that person without charge and shall

seek payment as follows:

(1) If a sexual assault survivor is eligible to receive

benefits under the medical assistance program under

Article V of the Illinois Public Aid Code, the ambulance

provider, hospital, approved pediatric health care

facility, health care professional, laboratory, or

pharmacy must submit the bill to the Department of

Healthcare and Family Services or the appropriate Medicaid

managed care organization and accept the amount paid as

full payment.

(2) If a sexual assault survivor is covered by one or

more policies of health insurance or is a beneficiary under

a public or private health coverage program, the ambulance

provider, hospital, approved pediatric health care

facility, health care professional, laboratory, or

pharmacy shall bill the insurance company or program. With

respect to such insured patients, applicable deductible,

co-pay, co-insurance, denial of claim, or any other

out-of-pocket insurance-related expense may be submitted

to the Illinois Sexual Assault Emergency Treatment Program

of the Department of Healthcare and Family Services in

accordance with 89 Ill. Adm. Code 148.510 for payment at

the Department of Healthcare and Family Services'

allowable rates under the Illinois Public Aid Code. The

ambulance provider, hospital, approved pediatric health

care facility, health care professional, laboratory, or

pharmacy shall accept the amounts paid by the insurance

company or health coverage program and the Illinois Sexual

Assault Treatment Program as full payment.

(3) If a sexual assault survivor is neither eligible to

receive benefits under the medical assistance program

under Article V of the Public Aid Code nor covered by a

policy of insurance or a public or private health coverage

program, the ambulance provider, hospital, approved

pediatric health care facility, health care professional,

laboratory, or pharmacy shall submit the request for

reimbursement to the Illinois Sexual Assault Emergency

Treatment Program under the Department of Healthcare and

Family Services in accordance with 89 Ill. Adm. Code

148.510 at the Department of Healthcare and Family

Services' allowable rates under the Illinois Public Aid

Code.

(4) If a sexual assault survivor presents a sexual

assault services voucher for follow-up healthcare, the

healthcare professional, pediatric health care facility,

or laboratory that provides follow-up healthcare or the

pharmacy that dispenses prescribed medications to a sexual

assault survivor shall submit the request for

reimbursement for follow-up healthcare, pediatric health

care facility, laboratory, or pharmacy services to the

Illinois Sexual Assault Emergency Treatment Program under

the Department of Healthcare and Family Services in

accordance with 89 Ill. Adm. Code 148.510 at the Department

of Healthcare and Family Services' allowable rates under

the Illinois Public Aid Code. Nothing in this subsection

(a) precludes hospitals or approved pediatric health care

facilities from providing follow-up healthcare and

receiving reimbursement under this Section.

(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.

(c) (Blank).

(d) On and after July 1, 2012, the Department shall reduce

any rate of reimbursement for services or other payments or

alter any methodologies authorized by this Act or the Illinois

Public Aid Code to reduce any rate of reimbursement for

services or other payments in accordance with Section 5-5e of

the Illinois Public Aid Code.

(e) The Department of Healthcare and Family Services shall

establish standards, rules, and regulations to implement this

Section.

(Source: P.A. 98-463, eff. 8-16-13; 99-454, eff. 1-1-16.)

(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 hospital emergency services,

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

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.

(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.

(c) Every Within 60 days after the effective date of this

amendatory Act of the 99th General Assembly, 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 emergency

department of the treating facility, the hospital or

approved pediatric health care facility hospital 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 call

should the sexual assault survivor receive a bill from the

hospital or approved pediatric health care facility for

medical hospital emergency services and forensic services;

(6) the toll-free phone number of the Office of the

Illinois Attorney General, Crime Victim Services Division,

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

hospital emergency services or forensic services must develop a

billing protocol that ensures that no survivor of sexual

assault will be sent a bill for any medical hospital emergency

services or forensic services and submit the billing protocol

to the Crime Victim Services Division of the 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

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 Crime Victim Services Division of the

Office of the 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 Crime Victim Services Division of the 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 hospital emergency services 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 hospital emergency services or forensic

services provided to a survivor of sexual assault to a

collection agency;

(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 Crime Victim Services Division of the Office of the

Attorney General may provide a sample acceptable billing

protocol upon request.

The 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 hospital emergency services or forensic

services.

If the Office of the Attorney General determines that

implementation of the protocol could result in the billing of a

survivor of sexual assault for medical hospital emergency

services or forensic services, the 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

to the Office of the Attorney General. The health care

professional or approved pediatric health care facility shall

implement the protocol upon approval by the Crime Victim

Services Division of the 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 Crime

Victim Services Division of the 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 Crime Victim

Services Division of the Office of the Illinois Attorney

General.

(Source: P.A. 99-454, eff. 1-1-16.)

(410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)

Sec. 8. Penalties.

(a) Any hospital or approved pediatric health care facility

violating any provisions of this Act other than Section 7.5

shall be guilty of a petty offense for each violation, and any

fine imposed shall be paid into the general corporate funds of

the city, incorporated town or village in which the hospital or

approved pediatric health care facility is located, or of the

county, in case such hospital is outside the limits of any

incorporated municipality.

(b) The Attorney General may seek the assessment of one or

more of the following civil monetary penalties in any action

filed under this Act where the hospital, approved pediatric

health care facility, health care professional, ambulance

provider, laboratory, or pharmacy knowingly violates Section

7.5 of the Act:

(1) For willful violations of paragraphs (1), (2), (4),

or (5) of subsection (a) of Section 7.5 or subsection (c)

of Section 7.5, the civil monetary penalty shall not exceed

$500 per violation.

(2) For violations of paragraphs (1), (2), (4), or (5)

of subsection (a) of Section 7.5 or subsection (c) of

Section 7.5 involving a pattern or practice, the civil

monetary penalty shall not exceed $500 per violation.

(3) For violations of paragraph (3) of subsection (a)

of Section 7.5, the civil monetary penalty shall not exceed

$500 for each day the bill is with a collection agency.

(4) For violations involving the failure to submit

billing protocols within the time period required under

subsection (d) of Section 7.5, the civil monetary penalty

shall not exceed $100 per day until the health care

professional or approved pediatric health care facility

complies with subsection (d) of Section 7.5.

All civil monetary penalties shall be deposited into the

Violent Crime Victims Assistance Fund.

(Source: P.A. 99-454, eff. 1-1-16.)

(410 ILCS 70/9) (from Ch. 111 1/2, par. 87-9)

Sec. 9. Nothing in this Act shall be construed to require a

hospital or an approved pediatric health care facility to

provide any services which relate to an abortion.

(Source: P.A. 79-564.)

(410 ILCS 70/9.5 new)

Sec. 9.5. Sexual Assault Medical Forensic Services

Implementation Task Force.

(a) The Sexual Assault Medical Forensic Services

Implementation Task Force is created to assist hospitals and

approved pediatric health care facilities with the

implementation of the changes made by this amendatory Act of

the l00th General Assembly. The Task Force shall consist of the

following members, who shall serve without compensation:

(1) one member of the Senate appointed by the President

of the Senate, who may designate an alternate member;

(2) one member of the Senate appointed by the Minority

Leader of the Senate, who may designate an alternate

member;

(3) one member of the House of Representatives

appointed by the Speaker of the House of Representatives,

who may designate an alternate member;

(4) one member of the House of Representatives

appointed by the Minority Leader of the House of

Representatives, who may designate an alternate member;

(5) two members representing the Office of the Attorney

General appointed by the Attorney General, one of whom

shall be the Sexual Assault Nurse Examiner Coordinator for

the State of Illinois;

(6) one member representing the Department of Public

Health appointed by the Director of Public Health;

(7) one member representing the Department of State

Police appointed by the Director of State Police;

(8) one member representing the Department of

Healthcare and Family Services appointed by the Director of

Healthcare and Family Services;

(9) six members representing hospitals appointed by

the head of a statewide organization representing the

interests of hospitals in Illinois, at least one of whom

shall represent small and rural hospitals and at least one

of these members shall represent urban hospitals;

(10) one member representing physicians appointed by

the head of a statewide organization representing the

interests of physicians in Illinois;

(11) one member representing emergency physicians

appointed by the head of a statewide organization

representing the interests of emergency physicians in

Illinois;

(12) two members representing child abuse

pediatricians appointed by the head of a statewide

organization representing the interests of child abuse

pediatricians in Illinois, at least one of whom shall

represent child abuse pediatricians providing medical

forensic services in rural locations and at least one of

whom shall represent child abuse pediatricians providing

medical forensic services in urban locations;

(13) one member representing nurses appointed by the

head of a statewide organization representing the

interests of nurses in Illinois;

(14) two members representing sexual assault nurse

examiners appointed by the head of a statewide organization

representing the interests of forensic nurses in Illinois,

at least one of whom shall represent pediatric/adolescent

sexual assault nurse examiners and at least one of these

members shall represent adult/adolescent sexual assault

nurse examiners;

(15) one member representing State's Attorneys

appointed by the head of a statewide organization

representing the interests of State's Attorneys in

Illinois;

(16) three members representing sexual assault

survivors appointed by the head of a statewide organization

representing the interests of sexual assault survivors and

rape crisis centers, at least one of whom shall represent

rural rape crisis centers and at least one of whom shall

represent urban rape crisis centers; and

(17) one member representing children's advocacy

centers appointed by the head of a statewide organization

representing the interests of children's advocacy centers

in Illinois.

The members representing the Office of the Attorney General

and the Department of Public Health shall serve as

co-chairpersons of the Task Force. The Office of the Attorney

General shall provide administrative and other support to the

Task Force.

(b) The first meeting of the Task Force shall be called by

the co-chairpersons no later than 90 days after the effective

date of this Section.

(c) The goals of the Task Force shall include, but not be

limited to, the following:

(1) to facilitate the development of areawide

treatment plans among hospitals and pediatric health care

facilities;

(2) to facilitate the development of on-call systems of

qualified medical providers and assist hospitals with the

development of plans to employ or contract with a qualified

medical provider to initiate medical forensic services to a

sexual assault survivor within 90 minutes of the patient

presenting to the hospital as required in subsection (a-7)

of Section 5;

(3) to identify photography and storage options for

hospitals to comply with the photo documentation

requirements in Sections 5 and 5.1;

(4) to develop a model written agreement for use by

rape crisis centers, hospitals, and approved pediatric

health care facilities with sexual assault treatment plans

to comply with subsection (c) of Section 2;

(5) to develop and distribute educational information

regarding the implementation of this Act to hospitals,

health care providers, rape crisis centers, children's

advocacy centers, State's Attorney's offices;

(6) to examine the role of telemedicine in the

provision of medical forensic services under this Act and

to develop recommendations for statutory change and

standards and procedures for the use of telemedicine to be

adopted by the Department;

(7) to seek inclusion of the International Association

of Forensic Nurses Sexual Assault Nurse Examiner Education

Guidelines for nurses within the registered nurse training

curriculum in Illinois nursing programs and the American

College of Emergency Physicians Management of the Patient

with the Complaint of Sexual Assault for emergency

physicians within the Illinois residency training

curriculum for emergency physicians; and

(8) to submit a report to the General Assembly by

January 1, 2023 regarding the status of implementation of

this amendatory Act of the 100th General Assembly,

including, but not limited to, the impact of transfers to

out-of-state hospitals on sexual assault survivors and the

availability of treatment hospitals in Illinois; the

report to the General Assembly shall be filed with the

Clerk of the House of Representatives and the Secretary of

the Senate in electronic form only, in the manner that the

Clerk and the Secretary shall direct.

(d) This Section is repealed on January 1, 2024.

(410 ILCS 70/10 new)

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

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 hospitals 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 the

patient presenting to the hospital as required in subsection

(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.

Section 99. Effective date. This Act takes effect January

1, 2019, except that this Section and the provisions adding

Section 9.5 to the Sexual Assault Survivors Emergency Treatment

Act take effect upon becoming law.