SB1878 Enrolled

LRB094 11451 RXD 42372 b






1
    AN ACT concerning health.

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


 
4
    Section 5. The Sexual Assault Survivors Emergency 
5
Treatment Act is amended  by changing Section 5 as follows:
 



6
    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)



7
    Sec. 5. Minimum requirements for hospitals providing 
8
emergency service
to sexual assault survivors.

9
    (a) Every hospital providing emergency
hospital services 
10
to an alleged sexual assault survivor under this Act
shall, as 
11
minimum requirements for such services, provide, with the 
12
consent
of the alleged sexual assault survivor, and as ordered 
13
by the attending
physician, an advanced practice nurse who has 
14
a written collaborative agreement with a collaborating 
15
physician that authorizes provision of emergency services, or a 
16
physician assistant who has been delegated authority to provide 
17
emergency services, the following:


18
        (1) appropriate medical examinations and laboratory

19
    tests required to ensure the health, safety, and welfare
of 
20
    an alleged sexual assault survivor or which may be
used as 
21
    evidence in a criminal proceeding against a person accused 
22
    of the
sexual assault, or both; and records of the results 
23
    of such examinations
and tests shall be maintained by the 
24
    hospital and made available to law
enforcement officials 
25
    upon the request of the alleged sexual assault survivor;


26
        (2) appropriate oral and written information 
27
    concerning the possibility
of infection, sexually 
28
    transmitted disease and pregnancy
resulting from sexual 
29
    assault;


30
        (3) appropriate oral and written information 
31
    concerning accepted medical
procedures, medication, and 
32
    possible contraindications of such medication
available 
 


 






SB1878 Enrolled
- 2 -
LRB094 11451 RXD 42372 b




1
    for the prevention or treatment of infection or disease 
2
    resulting
from sexual assault;


3
        (4) such medication as is deemed appropriate by the 
4
    attending physician, an advanced practice nurse, or a 
5
    physician assistant, including HIV prophylaxis;


6
        (5) a blood test to determine the presence or absence 
7
    of sexually
transmitted disease;


8
        (6) written and oral instructions indicating the need 
9
    for a second blood
test 6 weeks after the sexual assault to 
10
    determine the presence or absence of
sexually transmitted 
11
    disease; and


12
        (7) appropriate counseling as determined by the 
13
    hospital, by trained
personnel designated by the hospital.

14
    (b) Any minor who is an alleged survivor of sexual
assault 
15
who seeks emergency services
under this Act shall be provided 
16
such services without the consent
of the parent, guardian or 
17
custodian of the minor.

18
(Source: P.A. 93-962, eff. 8-20-04.)