Rep. Michael D. Unes

Filed: 4/23/2018

 

 


 

 


 
10000HB5245ham001LRB100 20715 MJP 39161 a

1
AMENDMENT TO HOUSE BILL 5245

2    AMENDMENT NO. ______. Amend House Bill 5245 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sexual Assault Survivors Emergency
5Treatment Act is amended by changing Sections 1a, 2, 2.1, 2.2,
63, 5, 5.5, 6.1, 6.2, 6.4, 6.5, 6.6, 7, 7.5, 8, 8.5, and 9 and by
7adding Sections 2.05, 2.06, 5.1, 5.2, 5.3, 5.4, 9.5, and 10 as
8follows:
 
9    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
10    Sec. 1a. Definitions. In this Act:
11    "Advanced practice registered nurse" has the meaning
12provided in Section 50-10 of the Nurse Practice Act.
13    "Ambulance provider" means an individual or entity that
14owns and operates a business or service using ambulances or
15emergency medical services vehicles to transport emergency
16patients.

 

 

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1    "Approved pediatric health care facility" means a health
2care facility, other than a hospital, with a sexual assault
3treatment plan approved by the Department to provide medical
4forensic services to pediatric sexual assault survivors who
5present with a complaint of sexual assault within a minimum of
6the last 7 days or who have disclosed past sexual assault by a
7specific individual and were in the care of that individual
8within a minimum of the last 7 days.
9    "Areawide sexual assault treatment plan" means a plan,
10developed by the hospitals or by hospitals and approved
11pediatric health care facilities in a the community or area to
12be served, which provides for medical forensic hospital
13emergency services to sexual assault survivors that shall be
14made available by each of the participating hospitals and
15approved pediatric health care facilities.
16    "Board-certified child abuse pediatrician" means a
17physician certified by the American Board of Pediatrics in
18child abuse pediatrics.
19    "Board-eligible child abuse pediatrician" means a
20physician who has completed the requirements set forth by the
21American Board of Pediatrics to take the examination for
22certification in child abuse pediatrics.
23    "Department" means the Department of Public Health.
24    "Emergency contraception" means medication as approved by
25the federal Food and Drug Administration (FDA) that can
26significantly reduce the risk of pregnancy if taken within 72

 

 

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1hours after sexual assault.
2    "Follow-up healthcare" means healthcare services related
3to a sexual assault, including laboratory services and pharmacy
4services, rendered within 90 days of the initial visit for
5medical forensic hospital emergency services.
6    "Forensic services" means the collection of evidence
7pursuant to a statewide sexual assault evidence collection
8program administered by the Department of State Police, using
9the Illinois State Police Sexual Assault Evidence Collection
10Kit.
11    "Health care professional" means a physician, a physician
12assistant, a sexual assault forensic examiner, or an advanced
13practice registered nurse, a registered professional nurse, a
14licensed practical nurse, or a sexual assault nurse examiner.
15    "Hospital" means a hospital licensed under the Hospital
16Licensing Act or operated under the University of Illinois
17Hospital Act, any outpatient center included in the hospital's
18sexual assault treatment plan where hospital employees provide
19medical forensic services, and an out-of-state hospital that
20has consented to the jurisdiction of the Department under
21Section 2.06 has the meaning given to that term in the Hospital
22Licensing Act.
23    "Hospital emergency services" means healthcare delivered
24to outpatients within or under the care and supervision of
25personnel working in a designated emergency department of a
26hospital, including, but not limited to, care ordered by such

 

 

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1personnel for a sexual assault survivor in the emergency
2department.
3    "Illinois State Police Sexual Assault Evidence Collection
4Kit" means a prepackaged set of materials and forms to be used
5for the collection of evidence relating to sexual assault. The
6standardized evidence collection kit for the State of Illinois
7shall be the Illinois State Police Sexual Assault Evidence
8Collection Kit.
9    "Law enforcement agency having jurisdiction" means the law
10enforcement agency in the jurisdiction where an alleged sexual
11assault or sexual abuse occurred.
12    "Licensed practical nurse" has the meaning provided in
13Section 50-10 of the Nurse Practice Act.
14    "Medical forensic services" means health care delivered to
15patients within or under the care and supervision of personnel
16working in a designated emergency department of a hospital or
17an approved pediatric health care facility. "Medical forensic
18services" includes, but is not limited to, taking a medical
19history, performing photo documentation, performing a physical
20and anogenital examination, assessing the patient for evidence
21collection, collecting evidence in accordance with a statewide
22sexual assault evidence collection program administered by the
23Department of State Police using the Illinois State Police
24Sexual Assault Evidence Collection Kit, if appropriate,
25assessing the patient for drug-facilitated or
26alcohol-facilitated sexual assault, providing an evaluation of

 

 

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1and care for sexually transmitted infection and human
2immunodeficiency virus (HIV), pregnancy risk evaluation and
3care, and discharge and follow-up healthcare planning.
4    "Pediatric health care facility" means a clinic or
5physician's office that provides medical services to pediatric
6patients.
7    "Pediatric sexual assault survivor" means a person under
8the age of 13 who presents for medical forensic services in
9relation to injuries or trauma resulting from a sexual assault.
10    "Photo documentation" means digital photographs or
11colposcope videos stored and backed-up securely in the original
12file format.
13    "Nurse" means a nurse licensed under the Nurse Practice
14Act.
15    "Physician" means a person licensed to practice medicine in
16all its branches.
17    "Physician assistant" has the meaning provided in Section 4
18of the Physician Assistant Practice Act of 1987.
19    "Prepubescent sexual assault survivor" means a female who
20is under the age of 18 years and has not had a first menstrual
21cycle or a male who is under the age of 18 years and has not
22started to develop secondary sex characteristics who presents
23for medical forensic services in relation to injuries or trauma
24resulting from a sexual assault.
25    "Qualified medical provider" means a board-certified child
26abuse pediatrician, board-eligible child abuse pediatrician, a

 

 

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1sexual assault forensic examiner, or a sexual assault nurse
2examiner who has access to photo documentation tools, and who
3participates in peer review.
4    "Registered Professional Nurse" has the meaning provided
5in Section 50-10 of the Nurse Practice Act.
6    "Sexual assault" means:
7        (1) an act of nonconsensual sexual conduct; as used in
8    this paragraph, "sexual conduct" has the meaning provided
9    under Section 11-0.1 of the Criminal Code of 2012; or
10        (2) any act of sexual penetration; as used in this
11    paragraph, "sexual penetration" has the meaning provided
12    under Section 11-0.1 of the Criminal Code of 2012 and
13    includes, or sexual penetration, as defined in Section
14    11-0.1 of the Criminal Code of 2012, including, without
15    limitation, acts prohibited under Sections 11-1.20 through
16    11-1.60 of the Criminal Code of 2012.
17    "Sexual assault forensic examiner" means a physician or
18physician assistant who has completed a training program that
19meets the Sexual Assault Nurse Examiner Education Guidelines
20established by the International Association of Forensic
21Nurses.
22    "Sexual assault nurse examiner" means an advanced practice
23registered nurse or registered professional nurse who has
24completed a sexual assault nurse examiner training program that
25meets the Sexual Assault Nurse Examiner Education Guidelines
26established by the International Association of Forensic

 

 

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1Nurses.
2    "Sexual assault services voucher" means a document
3generated by a hospital or approved pediatric health care
4facility at the time the sexual assault survivor receives
5outpatient medical forensic services that may be used to seek
6payment for any ambulance services, medical forensic services,
7laboratory services, pharmacy services, and follow-up
8healthcare provided as a result of the sexual assault.
9    "Sexual assault survivor" means a person who presents for
10medical forensic hospital emergency services in relation to
11injuries or trauma resulting from a sexual assault.
12    "Sexual assault transfer plan" means a written plan
13developed by a hospital and approved by the Department, which
14describes the hospital's procedures for transferring sexual
15assault survivors to another hospital, and an approved
16pediatric health care facility, if applicable, in order to
17receive medical forensic services emergency treatment.
18    "Sexual assault treatment plan" means a written plan
19developed by a hospital that describes the hospital's
20procedures and protocols for providing medical hospital
21emergency services and forensic services to sexual assault
22survivors who present themselves for such services, either
23directly or through transfer from a another hospital or an
24approved pediatric health care facility.
25    "Transfer hospital" means a hospital with a sexual assault
26transfer plan approved by the Department.

 

 

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1    "Transfer services" means the appropriate medical
2screening examination and necessary stabilizing treatment
3prior to the transfer of a sexual assault survivor to a
4hospital or an approved pediatric health care facility that
5provides medical hospital emergency services and forensic
6services to sexual assault survivors pursuant to a sexual
7assault treatment plan or areawide sexual assault treatment
8plan.
9    "Treatment hospital" means a hospital with a sexual assault
10treatment plan approved by the Department to provide medical
11forensic services to all sexual assault survivors who present
12with a complaint of sexual assault within a minimum of the last
137 days or who have disclosed past sexual assault by a specific
14individual and were in the care of that individual within a
15minimum of the last 7 days.
16    "Treatment hospital with approved pediatric transfer"
17means a hospital with a treatment plan approved by the
18Department to provide medical forensic services to sexual
19assault survivors 13 years old or older who present with a
20complaint of sexual assault within a minimum of the last 7 days
21or who have disclosed past sexual assault by a specific
22individual and were in the care of that individual within a
23minimum of the last 7 days.
24    "Voucher" means a document generated by a hospital at the
25time the sexual assault survivor receives hospital emergency
26and forensic services that a sexual assault survivor may

 

 

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1present to providers for follow-up healthcare.
2(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17;
3100-513, eff. 1-1-18.)
 
4    (410 ILCS 70/2)  (from Ch. 111 1/2, par. 87-2)
5    Sec. 2. Hospital and approved pediatric health care
6facility requirements for sexual assault plans.
7    (a) Every hospital required to be licensed by the
8Department pursuant to the Hospital Licensing Act, or operated
9under the University of Illinois Hospital Act that approved
10July 1, 1953, as now or hereafter amended, which provides
11general medical and surgical hospital services shall provide
12either (i) transfer services to all sexual assault survivors,
13or (ii) medical hospital emergency services and forensic
14services to all sexual assault survivors, or (iii) transfer
15services to pediatric sexual assault survivors and medical
16forensic services to sexual assault survivors 13 years old or
17older, in accordance with rules and regulations adopted by the
18Department, to all sexual assault survivors who apply for
19either (i) transfer services or (ii) hospital emergency
20services and forensic services in relation to injuries or
21trauma resulting from the sexual assault.
22    In addition, every such hospital, regardless of whether or
23not a request is made for reimbursement, shall submit to the
24Department a plan to provide either (i) transfer services to
25all sexual assault survivors, or (ii) medical hospital

 

 

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1emergency services and forensic services to all sexual assault
2survivors, or (iii) transfer services to pediatric sexual
3assault survivors and medical forensic services to sexual
4assault survivors 13 years old or older. Such plan shall be
5submitted within 60 days after receipt of the Department's
6request for this plan, to the Department for approval prior to
7such plan becoming effective. The Department shall approve such
8plan for either (i) transfer services to all sexual assault
9survivors, or (ii) medical hospital emergency services and
10forensic services to all sexual assault survivors, or (iii)
11transfer services to pediatric sexual assault survivors and
12medical forensic services to sexual assault survivors 13 years
13old or older, if it finds that the implementation of the
14proposed plan would provide adequate (i) transfer services or
15(ii) medical hospital emergency services and forensic services
16for sexual assault survivors in accordance with the
17requirements of this Act and provide sufficient protections
18from the risk of pregnancy to sexual assault survivors.
19    The Department may not approve a sexual assault transfer
20plan unless a treatment hospital has agreed, as a part of an
21areawide treatment plan, to accept sexual assault survivors
22from the proposed transfer hospital and a transfer to the
23treatment hospital would not unduly burden the sexual assault
24survivor.
25    In counties with a population of less than 1,000,000, the
26Department may not approve a sexual assault transfer plan for a

 

 

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1hospital located within a 20-mile radius of a 4-year public
2university, not including community colleges, unless there is a
3treatment hospital with a sexual assault treatment plan
4approved by the Department within a 20-mile radius of the
54-year public university.
6    A transfer must be in accordance with federal and State
7laws and local ordinances.
8    A treatment hospital with approved pediatric transfer must
9submit an areawide treatment plan under Section 3 of this Act
10that includes a written agreement with a treatment hospital
11stating that the treatment hospital will provide medical
12forensic services to pediatric sexual assault survivors
13transferred from the treatment hospital with approved
14pediatric transfer. The areawide treatment plan may also
15include an approved pediatric health care facility.
16    A transfer hospital must submit an areawide treatment plan
17under Section 3 of this Act that includes a written agreement
18with a treatment hospital stating that the treatment hospital
19will provide medical forensic services to all sexual assault
20survivors transferred from the transfer hospital. The areawide
21treatment plan may also include an approved pediatric health
22care facility.
23    Beginning January 1, 2019, each treatment hospital and
24treatment hospital with approved pediatric transfer shall
25ensure that emergency department attending physicians,
26physician assistants, advanced practice registered nurses,

 

 

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1registered professional nurses, and licensed practical nurses
2providing clinical services receive a minimum of 2 hours of
3sexual assault training annually, through December 31, 2020 or
4until the treatment hospital or treatment hospital with
5approved pediatric transfer certifies to the Department, in a
6form and manner prescribed by the Department, that it employs
7or contracts with a qualified medical provider in accordance
8with subsection (a-7) of Section 5, whichever occurs first.
9    Beginning January 1, 2021 or once a treatment hospital or a
10treatment hospital with approved pediatric transfer certifies
11compliance with subsection (a-7) of Section 5, whichever occurs
12first, each treatment hospital and treatment hospital with
13approved pediatric transfer shall ensure that emergency
14department attending physicians, physician assistants,
15advanced practice registered nurses, registered professional
16nurses, and licensed practical nurses providing clinical
17services receive a minimum of 2 hours of continuing education
18on responding to sexual assault survivors every 2 years.
19Protocols for training shall be included in the hospital's
20sexual assault treatment plan.
21    Sexual assault training provided under this subsection may
22be provided in person or online and shall include, but not be
23limited to:
24        (1) information provided on the provision of medical
25    forensic services;
26        (2) information on the use of the Illinois Sexual

 

 

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1    Assault Evidence Collection Kit;
2        (3) information on sexual assault epidemiology,
3    neurobiology of trauma, drug-facilitated sexual assault,
4    child sexual abuse, and Illinois sexual assault-related
5    laws; and
6        (4) information on the hospital's sexual
7    assault-related policies and procedures.
8    (b) An approved pediatric health care facility may provide
9medical forensic services, in accordance with rules adopted by
10the Department, to all pediatric sexual assault survivors who
11present for medical forensic services in relation to injuries
12or trauma resulting from a sexual assault. These services shall
13be provided by a qualified medical provider.
14    A pediatric health care facility must participate in or
15submit an areawide treatment plan under Section 3 of this Act
16that includes a treatment hospital. If a pediatric health care
17facility does not provide certain medical or surgical services
18that are provided by hospitals, the areawide sexual assault
19treatment plan must include a procedure for ensuring a sexual
20assault survivor in need of such medical or surgical services
21receives the services at the treatment hospital. The areawide
22treatment plan may also include a treatment hospital with
23approved pediatric transfer.
24    The Department shall review a proposed sexual assault
25treatment plan submitted by a pediatric health care facility
26within 60 days after receipt of the plan. If the Department

 

 

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1finds that the proposed plan meets the minimum requirements set
2forth in Section 5 of this Act and that implementation of the
3proposed plan would provide medical forensic services for
4pediatric sexual assault survivors, then the Department shall
5approve the plan. If the Department does not approve a plan,
6then the Department shall notify the pediatric health care
7facility that the proposed plan has not been approved. The
8pediatric health care facility shall have 30 days to submit a
9revised plan. The Department shall review the revised plan
10within 30 days after receipt of the plan and notify the
11pediatric health care facility whether the revised plan is
12approved or rejected. A pediatric health care facility may not
13provide medical forensic services to pediatric sexual assault
14survivors who present with a complaint of sexual assault within
15a minimum of the last 7 days or who have disclosed past sexual
16assault by a specific individual and were in the care of that
17individual within a minimum of the last 7 days until the
18Department has approved a treatment plan.
19    If an approved pediatric health care facility is not open
2024 hours a day, 7 days a week, it shall post signage at each
21public entrance to its facility that:
22        (1) is at least 14 inches by 14 inches in size;
23        (2) directs those seeking services as follows: "If
24    closed, call 911 for services or go to the closest hospital
25    emergency department, (insert name) located at (insert
26    address).";

 

 

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1        (3) lists the approved pediatric health care
2    facility's hours of operation;
3        (4) lists the street address of the building;
4        (5) has a black background with white bold capital
5    lettering in a clear and easy to read font that is at least
6    72-point type, and with "call 911" in at least 125-point
7    type;
8        (6) is posted clearly and conspicuously on or adjacent
9    to the door at each entrance and, if building materials
10    allow, is posted internally for viewing through glass; if
11    posted externally, the sign shall be made of
12    weather-resistant and theft-resistant materials,
13    non-removable, and adhered permanently to the building;
14    and
15        (7) has lighting that is part of the sign itself or is
16    lit with a dedicated light that fully illuminates the sign.
17    A copy of the proposed sign must be submitted to the
18Department and approved as part of the approved pediatric
19health care facility's sexual assault treatment plan.
20    (c) Each treatment hospital, treatment hospital with
21approved pediatric transfer, and approved pediatric health
22care facility must enter into a memorandum of understanding
23with a rape crisis center for medical advocacy services, if
24these services are available to the treatment hospital,
25treatment hospital with approved pediatric transfer, or
26approved pediatric health care facility. With the consent of

 

 

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1the sexual assault survivor, a rape crisis counselor shall
2remain in the exam room during the collection for forensic
3evidence.
4    (d) Every treatment hospital, treatment hospital with
5approved pediatric transfer, and approved pediatric health
6care facility's sexual assault treatment plan shall include
7procedures for complying with mandatory reporting requirements
8pursuant to (1) the Abused and Neglected Child Reporting Act;
9(2) the Abused and Neglected Long Term Care Facility Residents
10Reporting Act; (3) the Adult Protective Services Act; and (iv)
11the Criminal Identification Act.
12    (e) Each treatment hospital, treatment hospital with
13approved pediatric transfer, and approved pediatric health
14care facility shall submit to the Department every 6 months, in
15a manner prescribed by the Department, the following
16information:
17        (1) The total number of patients who presented with a
18    complaint of sexual assault.
19        (2) The total number of Illinois Sexual Assault
20    Evidence Collection Kits:
21            (A) offered to (i) all sexual assault survivors and
22        (ii) pediatric sexual assault survivors pursuant to
23        paragraph (1.5) of subsection (a-5) of Section 5;
24            (B) completed for (i) all sexual assault survivors
25        and (ii) pediatric sexual assault survivors; and
26            (C) declined by (i) all sexual assault survivors

 

 

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1        and (ii) pediatric sexual assault survivors.
2    This information shall be made available on the
3Department's website.
4    The Department shall periodically conduct on site reviews
5of such approved plans with hospital personnel to insure that
6the established procedures are being followed.
7    On January 1, 2007, and each January 1 thereafter, the
8Department shall submit a report to the General Assembly
9containing information on the hospitals in this State that have
10submitted a plan to provide either (i) transfer services or
11(ii) hospital emergency services and forensic services to
12sexual assault survivors. The Department shall post on its
13Internet website the report required in this Section. The
14report shall include all of the following:
15        (1) A list of all hospitals that have submitted a plan.
16        (2) A list of hospitals whose plans have been found by
17    the Department to be in compliance with this Act.
18        (3) A list of hospitals that have failed to submit an
19    acceptable Plan of Correction within the time required by
20    Section 2.1 of this Act.
21        (4) A list of hospitals at which the periodic site
22    review required by this Act has been conducted.
23When a hospital listed as noncompliant under item (3) of this
24Section submits and implements the required Plan of Correction,
25the Department shall immediately update the report on its
26Internet website to reflect that hospital's compliance.

 

 

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1(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
 
2    (410 ILCS 70/2.05 new)
3    Sec. 2.05. Department requirements.
4    (a) The Department shall periodically conduct on-site
5reviews of approved sexual assault treatment plans with
6hospital and approved pediatric health care facility personnel
7to ensure that the established procedures are being followed.
8Department personnel conducting the on-site reviews shall
9attend 4 hours of sexual assault training conducted by a
10qualified medical provider that includes, but is not limited
11to, forensic evidence collection provided to sexual assault
12survivors of any age and Illinois sexual assault-related laws
13and administrative rules.
14    (b) On July 1, 2019 and each July 1 thereafter, the
15Department shall submit a report to the General Assembly
16containing information on the hospitals and pediatric health
17care facilities in this State that have submitted a plan to
18provide: (i) transfer services to all sexual assault survivors,
19(ii) medical forensic services to all sexual assault survivors,
20(iii) transfer services to pediatric sexual assault survivors
21and medical forensic services to sexual assault survivors 13
22years old or older, or (iv) medical forensic services to
23pediatric sexual assault survivors. The Department shall post
24the report on its Internet website on or before October 1, 2019
25and, except as otherwise provided in this Section, update the

 

 

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1report every quarter thereafter. The report shall include all
2of the following:
3        (1) Each hospital and pediatric care facility that has
4    submitted a plan, including the submission date of the
5    plan, type of plan submitted, and the date the plan was
6    approved or denied. If a pediatric health care facility
7    withdraws its plan, the Department shall immediately
8    update the report on its Internet website to remove the
9    pediatric health care facility's name and information.
10        (2) Each hospital that has failed to submit a plan as
11    required in subsection (a) of Section 2.
12        (3) Each hospital and approved pediatric care facility
13    that has to submit an acceptable Plan of Correction within
14    the time required by Section 2.1, including the date the
15    Plan of Correction was required to be submitted. Once a
16    hospital or approved pediatric health care facility
17    submits and implements the required Plan of Correction, the
18    Department shall immediately update the report on its
19    Internet website to reflect that hospital or approved
20    pediatric health care facility's compliance.
21        (4) Each hospital and approved pediatric care facility
22    at which the periodic on-site review required by Section
23    2.05 of this Act has been conducted, including the date of
24    the on-site review and whether the hospital or approved
25    pediatric care facility was found to be in compliance with
26    its approved plan.

 

 

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1        (5) Each areawide treatment plan submitted to the
2    Department pursuant to Section 3 of this Act, including
3    which treatment hospitals, treatment hospitals with
4    approved pediatric transfer, transfer hospitals and
5    approved pediatric health care facilities are identified
6    in each areawide treatment plan.
7    (c) The Department, in consultation with the Office of the
8Attorney General, shall adopt administrative rules by January
91, 2020 establishing a process for physicians and physician
10assistants to provide documentation of training and clinical
11experience that meets the Sexual Assault Nurse Examiner
12Education Guidelines established by the International
13Association of Forensic Nurses in order to qualify as a sexual
14assault forensic examiner.
 
15    (410 ILCS 70/2.06 new)
16    Sec. 2.06. Consent to jurisdiction. A pediatric health care
17facility that submits a plan to the Department for approval
18under Section 2 or an out-of-state hospital that submits an
19areawide treatment plan in accordance with subsection (b) of
20Section 5.4 consents to the jurisdiction and oversight of the
21Department, including, but not limited to, inspections,
22investigations, and evaluations arising out of complaints
23relevant to this Act made to the Department. A pediatric health
24care facility that submits a plan to the Department for
25approval under Section 2 or an out-of-state hospital that

 

 

10000HB5245ham001- 21 -LRB100 20715 MJP 39161 a

1submits an areawide treatment plan in accordance with
2subsection (b) of Section 5.4 shall be deemed to have given
3consent to annual inspections, surveys, or evaluations
4relevant to this Act by properly identified personnel of the
5Department or by such other properly identified persons,
6including local health department staff, as the Department may
7designate. In addition, representatives of the Department
8shall have access to and may reproduce or photocopy any books,
9records, and other documents maintained by the pediatric health
10care facility or the facility's representatives or the
11out-of-state hospital or the out-of-state hospital's
12representative to the extent necessary to carry out this Act.
13No representative, agent, or person acting on behalf of the
14pediatric health care facility or out-of-state hospital in any
15manner shall intentionally prevent, interfere with, or attempt
16to impede in any way any duly authorized investigation and
17enforcement of this Act. The Department shall have the power to
18adopt rules to carry out the purpose of regulating a pediatric
19health care facility or out-of-state hospital. In carrying out
20oversight of a pediatric health care facility or an
21out-of-state hospital, the Department shall respect the
22confidentiality of all patient records, including by complying
23with the patient record confidentiality requirements set out in
24Section 6.14b of the Hospital Licensing Act.
 
25    (410 ILCS 70/2.1)  (from Ch. 111 1/2, par. 87-2.1)

 

 

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1    Sec. 2.1. Plan of correction; penalties.
2    (a) If the Department surveyor determines that the hospital
3or approved pediatric health care facility is not in compliance
4with its approved plan, the surveyor shall provide the hospital
5or approved pediatric health care facility with a written list
6of the specific items of noncompliance within 10 working days
7after the conclusion of the on site review. The hospital shall
8have 10 working days to submit to the Department a plan of
9correction which contains the hospital's or approved pediatric
10health care facility's specific proposals for correcting the
11items of noncompliance. The Department shall review the plan of
12correction and notify the hospital in writing within 10 working
13days as to whether the plan is acceptable or unacceptable.
14    If the Department finds the Plan of Correction
15unacceptable, the hospital or approved pediatric health care
16facility shall have 10 working days to resubmit an acceptable
17Plan of Correction. Upon notification that its Plan of
18Correction is acceptable, a hospital or approved pediatric
19health care facility shall implement the Plan of Correction
20within 60 days.
21    (b) The failure of a hospital to submit an acceptable Plan
22of Correction or to implement the Plan of Correction, within
23the time frames required in this Section, will subject a
24hospital to the imposition of a fine by the Department. The
25Department may impose a fine of up to $500 per day until a
26hospital complies with the requirements of this Section.

 

 

10000HB5245ham001- 23 -LRB100 20715 MJP 39161 a

1    If an approved pediatric health care facility fails to
2submit an acceptable Plan of Correction or to implement the
3Plan of Correction within the time frames required in this
4Section, then the Department shall notify the approved
5pediatric health care facility that the approved pediatric
6health care facility may not provide medical forensic services
7under this Act. The Department may impose a fine of up to $500
8per patient provided services in violation of this Act.
9    (c) Before imposing a fine pursuant to this Section, the
10Department shall provide the hospital or approved pediatric
11health care facility via certified mail with written notice and
12an opportunity for an administrative hearing. Such hearing must
13be requested within 10 working days after receipt of the
14Department's Notice. All hearings shall be conducted in
15accordance with the Department's rules in administrative
16hearings.
17(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
 
18    (410 ILCS 70/2.2)
19    Sec. 2.2. Emergency contraception.
20    (a) The General Assembly finds:
21        (1) Crimes of sexual assault and sexual abuse cause
22    significant physical, emotional, and psychological trauma
23    to the victims. This trauma is compounded by a victim's
24    fear of becoming pregnant and bearing a child as a result
25    of the sexual assault.

 

 

10000HB5245ham001- 24 -LRB100 20715 MJP 39161 a

1        (2) Each year over 32,000 women become pregnant in the
2    United States as the result of rape and approximately 50%
3    of these pregnancies end in abortion.
4        (3) As approved for use by the Federal Food and Drug
5    Administration (FDA), emergency contraception can
6    significantly reduce the risk of pregnancy if taken within
7    72 hours after the sexual assault.
8        (4) By providing emergency contraception to rape
9    victims in a timely manner, the trauma of rape can be
10    significantly reduced.
11    (b) Every Within 120 days after the effective date of this
12amendatory Act of the 92nd General Assembly, every hospital or
13approved pediatric health care facility providing services to
14sexual assault survivors in accordance with a plan approved
15under Section 2 must develop a protocol that ensures that each
16survivor of sexual assault will receive medically and factually
17accurate and written and oral information about emergency
18contraception; the indications and contraindications
19counter-indications and risks associated with the use of
20emergency contraception; and a description of how and when
21victims may be provided emergency contraception at no cost upon
22the written order of a physician licensed to practice medicine
23in all its branches, a licensed advanced practice registered
24nurse, or a licensed physician assistant. The Department shall
25approve the protocol if it finds that the implementation of the
26protocol would provide sufficient protection for survivors of

 

 

10000HB5245ham001- 25 -LRB100 20715 MJP 39161 a

1sexual assault.
2    The hospital or approved pediatric health care facility
3shall implement the protocol upon approval by the Department.
4The Department shall adopt rules and regulations establishing
5one or more safe harbor protocols and setting minimum
6acceptable protocol standards that hospitals may develop and
7implement. The Department shall approve any protocol that meets
8those standards. The Department may provide a sample acceptable
9protocol upon request.
10(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
11    (410 ILCS 70/3)  (from Ch. 111 1/2, par. 87-3)
12    Sec. 3. Areawide sexual assault treatment plans;
13submission. Hospitals and approved pediatric health care
14facilities in the area to be served may develop and participate
15in areawide plans that shall describe the medical hospital
16emergency services and forensic services to sexual assault
17survivors that each participating hospital and approved
18pediatric health care facility has agreed to make available.
19Each hospital and approved pediatric health care facility
20participating in such a plan shall provide such services as it
21is designated to provide in the plan agreed upon by the
22participants. An areawide plan Areawide plans may include
23treatment hospitals, treatment hospitals with approved
24pediatric transfer, transfer hospitals, approved pediatric
25health care facilities, or out-of-state hospitals as provided

 

 

10000HB5245ham001- 26 -LRB100 20715 MJP 39161 a

1in Section 5.4 hospital transfer plans. All areawide plans
2shall be submitted to the Department for approval, prior to
3becoming effective. The Department shall approve a proposed
4plan if it finds that the minimum requirements set forth in
5Section 5 and implementation of the plan would provide for
6appropriate medical hospital emergency services and forensic
7services for the people of the area to be served.
8(Source: P.A. 95-432, eff. 1-1-08.)
 
9    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
10    Sec. 5. Minimum requirements for medical forensic services
11provided to sexual assault survivors by hospitals and approved
12pediatric health care facilities providing hospital emergency
13services and forensic services to sexual assault survivors.
14    (a) Every hospital and approved pediatric health care
15facility providing medical hospital emergency services and
16forensic services to sexual assault survivors under this Act
17shall, as minimum requirements for such services, provide, with
18the consent of the sexual assault survivor, and as ordered by
19the attending physician, an advanced practice registered
20nurse, or a physician assistant, the services set forth in
21subsection (a-5). following:
22    Beginning January 1, 2021, a qualified medical provider
23must provide the services set forth in subsection (a-5).
24    (a-5) A treatment hospital, a treatment hospital with
25approved pediatric transfer, or an approved pediatric health

 

 

10000HB5245ham001- 27 -LRB100 20715 MJP 39161 a

1care facility shall provide the following services in
2accordance with subsection (a):
3        (1) Appropriate appropriate medical forensic services
4    without delay, in a private, age-appropriate or
5    developmentally-appropriate space, examinations and
6    laboratory tests required to ensure the health, safety, and
7    welfare of a sexual assault survivor and or which may be
8    used as evidence in a criminal proceeding against a person
9    accused of the sexual assault, in a proceeding under the
10    Juvenile Court Act of 1987, or in an investigation under
11    the Abused and Neglected Child Reporting Act. , or both; and
12    records of the results of such examinations and tests shall
13    be maintained by the hospital and made available to law
14    enforcement officials upon the request of the sexual
15    assault survivor;
16        Records of medical forensic services, including
17    results of examinations and tests, the Illinois State
18    Police Medical Forensic Documentation Forms, the Illinois
19    State Police Patient Discharge Materials, and the Illinois
20    State Police Patient Consent: Collect and Test Evidence or
21    Collect and Hold Evidence Form, shall be maintained by the
22    hospital or approved pediatric health care facility as part
23    of the patient's electronic medical record.
24        Records of medical forensic services of sexual assault
25    survivors under the age of 18 shall be retained by the
26    hospital indefinitely. Records of medical forensic

 

 

10000HB5245ham001- 28 -LRB100 20715 MJP 39161 a

1    services of sexual assault survivors 18 years of age or
2    older shall be retained by the hospital for a period of 20
3    years.
4        Records of medical forensic services may only be
5    disseminated in accordance with Section 6.5 of this Act and
6    other State and federal law.
7        (1.5) An offer to complete the Illinois Sexual Assault
8    Evidence Collection Kit for any sexual assault survivor who
9    presents within a minimum of the last 7 days or who has
10    disclosed past sexual assault by a specific individual and
11    was in the care of that individual within a minimum of the
12    last 7 days.
13            (A) Appropriate oral and written information
14        concerning evidence-based guidelines for the
15        appropriateness of evidence collection depending on
16        the sexual development of the sexual assault survivor,
17        the type of sexual assault, and the timing of the
18        sexual assault shall be provided to the sexual assault
19        survivor. Evidence collection is encouraged for
20        prepubescent sexual assault survivors who present to a
21        hospital or approved pediatric health care facility
22        with a complaint of sexual assault within a minimum of
23        96 hours after the sexual assault.
24            Before January 1, 2021, the information required
25        under this subparagraph shall be provided in person by
26        the health care professional providing medical

 

 

10000HB5245ham001- 29 -LRB100 20715 MJP 39161 a

1        forensic services directly to the sexual assault
2        survivor.
3            On and after January 1, 2021, the information
4        required under this subparagraph shall be provided in
5        person by the qualified medical provider providing
6        medical forensic services directly to the sexual
7        assault survivor.
8            The written information provided shall be the
9        information created in accordance with Section 10 of
10        this Act.
11            (B) Following the discussion regarding the
12        evidence-based guidelines for evidence collection in
13        accordance with subparagraph (A), evidence collection
14        must be completed at the sexual assault survivor's
15        request. A sexual assault nurse examiner conducting an
16        examination using the Illinois State Police Sexual
17        Assault Evidence Collection Kit may do so without the
18        presence or participation of a physician.
19        (2) Appropriate appropriate oral and written
20    information concerning the possibility of infection,
21    sexually transmitted infection, including an evaluation of
22    the sexual assault survivor's risk of contracting human
23    immunodeficiency virus (HIV) from sexual assault, disease
24    and pregnancy resulting from sexual assault. ;
25        (3) Appropriate appropriate oral and written
26    information concerning accepted medical procedures,

 

 

10000HB5245ham001- 30 -LRB100 20715 MJP 39161 a

1    laboratory tests, medication, and possible
2    contraindications of such medication available for the
3    prevention or treatment of infection or disease resulting
4    from sexual assault. ;
5        (4) An an amount of medication, including HIV
6    prophylaxis, for treatment at the hospital or approved
7    pediatric health care facility and after discharge as is
8    deemed appropriate by the attending physician, an advanced
9    practice registered nurse, or a physician assistant in
10    accordance with the Centers for Disease Control and
11    Prevention guidelines and consistent with the hospital's
12    or approved pediatric health care facility's current
13    approved protocol for sexual assault survivors. ;
14        (5) Photo documentation of the sexual assault
15    survivor's injuries, anatomy involved in the assault, or
16    other visible evidence on the sexual assault survivor's
17    body to supplement the medical forensic history and written
18    documentation of physical findings and evidence beginning
19    July 1, 2019. Photo documentation does not replace written
20    documentation of the injury. an evaluation of the sexual
21    assault survivor's risk of contracting human
22    immunodeficiency virus (HIV) from the sexual assault;
23        (6) Written written and oral instructions indicating
24    the need for follow-up examinations and laboratory tests
25    after the sexual assault to determine the presence or
26    absence of sexually transmitted infection. disease;

 

 

10000HB5245ham001- 31 -LRB100 20715 MJP 39161 a

1        (7) Referral referral by hospital or approved
2    pediatric health care facility personnel for appropriate
3    counseling. ; and
4        (8) Medical advocacy services provided by a rape crisis
5    counselor whose communications are protected under Section
6    8-802.1 of the Code of Civil Procedure, if there is a
7    memorandum of understanding between the hospital or
8    approved pediatric health care facility and a rape crisis
9    center. With the consent of the sexual assault survivor, a
10    rape crisis counselor shall remain in the exam room during
11    the medical forensic examination. when HIV prophylaxis is
12    deemed appropriate, an initial dose or doses of HIV
13    prophylaxis, along with written and oral instructions
14    indicating the importance of timely follow-up healthcare.
15        (9) Written information regarding services provided by
16    a Children's Advocacy Center and rape crisis center, if
17    applicable.
18    (a-7) By January 1, 2021, every hospital with a treatment
19plan approved by the Department shall employ or contract with a
20qualified medical provider to initiate medical forensic
21services to a sexual assault survivor within 90 minutes of the
22patient presenting to the treatment hospital or treatment
23hospital with approved pediatric transfer. The provision of
24medical forensic services by a qualified medical provider shall
25not delay the provision of life-saving medical care.
26    (b) Any person who is a sexual assault survivor who seeks

 

 

10000HB5245ham001- 32 -LRB100 20715 MJP 39161 a

1medical emergency hospital services and forensic services or
2follow-up healthcare under this Act shall be provided such
3services without the consent of any parent, guardian,
4custodian, surrogate, or agent. If a sexual assault survivor is
5unable to consent to medical forensic services, the services
6may be provided under the Consent by Minors to Medical
7Procedures Act, the Health Care Surrogate Act, or other
8applicable State and federal laws.
9    (b-5) Every treating hospital or approved pediatric health
10care facility providing medical hospital emergency and
11forensic services to sexual assault survivors shall issue a
12voucher to any sexual assault survivor who is eligible to
13receive one in accordance with Section 5.2 of this Act. The
14hospital shall make a copy of the voucher and place it in the
15medical record of the sexual assault survivor. The hospital
16shall provide a copy of the voucher to the sexual assault
17survivor after discharge upon request.
18    (c) Nothing in this Section creates a physician-patient
19relationship that extends beyond discharge from the hospital or
20approved pediatric health care facility emergency department.
21(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
2299-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
 
23    (410 ILCS 70/5.1 new)
24    Sec. 5.1. Storage, retention, and dissemination of photo
25documentation relating to medical forensic services. Photo

 

 

10000HB5245ham001- 33 -LRB100 20715 MJP 39161 a

1documentation taken during a medical forensic examination
2shall be maintained by the hospital or approved pediatric
3health care facility as part of the patient's medical record.
4    Photo documentation shall be stored and backed up securely
5in its original file format in accordance with facility
6protocol. The facility protocol shall require limited access to
7the images and be included in the sexual assault treatment plan
8submitted to the Department.
9    Photo documentation of a sexual assault survivor under the
10age of 18 shall be retained indefinitely and shall not be
11destroyed. Photo documentation of a sexual assault survivor 18
12years of age or older shall be retained for a period of 20
13years.
14    Photo documentation of the sexual assault survivor's
15injuries, anatomy involved in the assault, or other visible
16evidence on the sexual assault survivor's body may be used for
17peer review, expert second opinion, or in a criminal proceeding
18against a person accused of sexual assault, a proceeding under
19the Juvenile Court Act of 1987, or in an investigation under
20the Abused and Neglected Child Reporting Act. Any dissemination
21of photo documentation, including for peer review, an expert
22second opinion, or in any court or administrative proceeding or
23investigation, must be in accordance with State and federal
24law.
 
25    (410 ILCS 70/5.2 new)

 

 

10000HB5245ham001- 34 -LRB100 20715 MJP 39161 a

1    Sec. 5.2. Sexual assault services voucher.
2    (a) A sexual assault services voucher shall be issued by a
3treatment hospital, treatment hospital with approved pediatric
4transfer, or approved pediatric health care facility at the
5time a sexual assault survivor receives medical forensic
6services.
7    (b) Each treatment hospital, treatment hospital with
8approved pediatric transfer, and approved pediatric health
9care facility must include in its sexual assault treatment plan
10submitted to the Department in accordance with Section 2 of
11this Act a protocol for issuing sexual assault services
12vouchers. The protocol shall, at a minimum, include the
13following:
14        (1) Identification of employee positions responsible
15    for issuing sexual assault services vouchers.
16        (2) Identification of employee positions with access
17    to the Medical Electronic Data Interchange or successor
18    system.
19        (3) A statement to be signed by each employee of an
20    approved pediatric health care facility with access to the
21    Medical Electronic Data Interchange or successor system
22    affirming that the Medical Electronic Data Interchange or
23    successor system will only be used for the purpose of
24    issuing sexual assault services vouchers.
25    (c) A sexual assault services voucher may be used to seek
26payment for any ambulance services, medical forensic services,

 

 

10000HB5245ham001- 35 -LRB100 20715 MJP 39161 a

1laboratory services, pharmacy services, and follow-up
2healthcare provided as a result of the sexual assault.
3    (d) Any treatment hospital, treatment hospital with
4approved pediatric transfer, approved pediatric health care
5facility, health care professional, ambulance provider,
6laboratory, or pharmacy may submit a bill for services provided
7to a sexual assault survivor as a result of a sexual assault to
8the Department of Healthcare and Family Services Sexual Assault
9Emergency Treatment Program. The bill shall include:
10        (1) the name and date of birth of the sexual assault
11    survivor;
12        (2) the service provided;
13        (3) the charge of service;
14        (4) the date the service was provided; and
15        (5) the recipient identification number, if known.
16    A health care professional, ambulance provider,
17laboratory, or pharmacy is not required to submit a copy of the
18sexual assault services voucher.
19    The Department of Healthcare and Family Services Sexual
20Assault Emergency Treatment Program shall electronically
21verify, using the Medical Electronic Data Interchange or a
22successor system, that a sexual assault services voucher was
23issued to a sexual assault survivor prior to issuing payment
24for the services.
25    If a sexual assault services voucher was not issued to a
26sexual assault survivor by the treatment hospital, treatment

 

 

10000HB5245ham001- 36 -LRB100 20715 MJP 39161 a

1hospital with approved pediatric transfer, or approved
2pediatric health care facility, then a health care
3professional, ambulance provider, laboratory, or pharmacy may
4submit a request to the Department of Healthcare and Family
5Services Sexual Assault Emergency Treatment Program to issue a
6sexual assault services voucher.
 
7    (410 ILCS 70/5.3 new)
8    Sec. 5.3. Pediatric sexual assault care.
9    (a) The General Assembly finds:
10        (1) Pediatric sexual assault survivors can suffer from
11    a wide range of health problems across their life span. In
12    addition to immediate health issues, such as sexually
13    transmitted infections, physical injuries, and
14    psychological trauma, child sexual abuse victims are at
15    greater risk for a plethora of adverse psychological and
16    somatic problems into adulthood in contrast to those who
17    were not sexually abused.
18        (2) Sexual abuse against the pediatric population is
19    distinct, particularly due to their dependence on their
20    caregivers and the ability of perpetrators to manipulate
21    and silence them (especially when the perpetrators are
22    family members or other adults trusted by, or with power
23    over, children). Sexual abuse is often hidden by
24    perpetrators, unwitnessed by others, and may leave no
25    obvious physical signs on child victims.

 

 

10000HB5245ham001- 37 -LRB100 20715 MJP 39161 a

1        (3) Pediatric sexual assault survivors throughout the
2    State should have access to qualified medical providers who
3    have received specialized training regarding the care of
4    pediatric sexual assault survivors within a reasonable
5    distance from their home.
6        (4) There is a need in Illinois to increase the number
7    of qualified medical providers available to provide
8    medical forensic services to pediatric sexual assault
9    survivors.
10    (b) If a medically stable pediatric sexual assault survivor
11presents at a transfer hospital or treatment hospital with
12approved pediatric transfer that has a plan approved by the
13Department requesting medical forensic services, then the
14hospital emergency department staff shall contact an approved
15pediatric health care facility, if one is designated in the
16hospital's plan.
17    If the transferring hospital confirms that medical
18forensic services can be initiated within 90 minutes of the
19patient's arrival at the approved pediatric health care
20facility following an immediate transfer, then the hospital
21emergency department staff shall notify the patient and
22non-offending parent or legal guardian that the patient will be
23transferred for medical forensic services and shall provide the
24patient and non-offending parent or legal guardian the option
25of being transferred to the approved pediatric health care
26facility or the treatment hospital designated in the hospital's

 

 

10000HB5245ham001- 38 -LRB100 20715 MJP 39161 a

1plan. The pediatric sexual assault survivor may be transported
2by ambulance, law enforcement, or personal vehicle.
3    If medical forensic services cannot be initiated within 90
4minutes of the patient's arrival at the approved pediatric
5health care facility, there is no approved pediatric health
6care facility designated in the hospital's plan, or the patient
7or non-offending parent or legal guardian chooses to be
8transferred to a treatment hospital, the hospital emergency
9department staff shall contact a treatment hospital designated
10in the hospital's plan to arrange for the transfer of the
11patient to the treatment hospital for medical forensic
12services, which are to be initiated within 90 minutes of the
13patient's arrival at the treatment hospital. The treatment
14hospital shall provide medical forensic services and may not
15transfer the patient to another facility. The pediatric sexual
16assault survivor may be transported by ambulance, law
17enforcement, or personal vehicle.
18    (c) If a medically stable pediatric sexual assault survivor
19presents at a treatment hospital that has a plan approved by
20the Department requesting medical forensic services, then the
21hospital emergency department staff shall contact an approved
22pediatric health care facility, if one is designated in the
23treatment hospital's areawide treatment plan.
24    If medical forensic services can be initiated within 90
25minutes after the patient's arrival at the approved pediatric
26health care facility following an immediate transfer, the

 

 

10000HB5245ham001- 39 -LRB100 20715 MJP 39161 a

1hospital emergency department staff shall provide the patient
2and non-offending parent or legal guardian the option of having
3medical forensic services performed at the treatment hospital
4or at the approved pediatric health care facility. If the
5patient or non-offending parent or legal guardian chooses to be
6transferred, the pediatric sexual assault survivor may be
7transported by ambulance, law enforcement, or personal
8vehicle.
9    If medical forensic services cannot be initiated within 90
10minutes after the patient's arrival to the approved pediatric
11health care facility, there is no approved pediatric health
12care facility designated in the hospital's plan, or the patient
13or non-offending parent or legal guardian chooses not to be
14transferred, the hospital shall provide medical forensic
15services to the patient.
16    (d) If a pediatric sexual assault survivor presents at an
17approved pediatric health care facility requesting medical
18forensic services or the facility is contacted by law
19enforcement or the Department of Children and Family Services
20requesting medical forensic services for a pediatric sexual
21assault survivor, the services shall be provided at the
22facility if the medical forensic services can be initiated
23within 90 minutes after the patient's arrival at the facility.
24If medical forensic services cannot be initiated within 90
25minutes after the patient's arrival at the facility, then the
26patient shall be transferred to a treatment hospital designated

 

 

10000HB5245ham001- 40 -LRB100 20715 MJP 39161 a

1in the approved pediatric health care facility's plan for
2medical forensic services. The pediatric sexual assault
3survivor may be transported by ambulance, law enforcement, or
4personal vehicle.
 
5    (410 ILCS 70/5.4 new)
6    Sec. 5.4. Out-of-state hospitals.
7    (a) Except as provided in subsection (b) of this Section, a
8transfer hospital, treatment hospital, treatment hospital with
9approved pediatric transfer, or approved pediatric health care
10facility may not transfer a sexual assault survivor to a
11hospital located outside of Illinois for the purpose of
12receiving medical forensic services. Nothing in this Section
13shall prohibit the transfer of a patient in need of medical
14services from a hospital that has been designated as a trauma
15center by the Department in accordance with Section 3.90 of the
16Emergency Medical Services (EMS) Systems Act.
17    (b) A transfer hospital, treatment hospital, or a treatment
18hospital with approved pediatric transfer, or approved
19pediatric health care facility located in a county adjacent to
20the city of St. Louis, Missouri may transfer a pediatric sexual
21assault survivor to an out-of-state hospital located in St.
22Louis, Missouri, that has been designated as a trauma center by
23the Department under Section 3.90 of the Emergency Medical
24Services (EMS) Systems Act if the out-of-state hospital: (1)
25submits an areawide treatment plan approved by the Department;

 

 

10000HB5245ham001- 41 -LRB100 20715 MJP 39161 a

1and (2) has certified the following to the Department in a form
2and manner prescribed by the Department:
3        (i) that the out-of-state hospital will consent to the
4    jurisdiction of the Department in accordance with Section
5    2.06 of this Act;
6        (ii) that the out-of-state hospital will comply with
7    all requirements of this Act applicable to treatment
8    hospitals, including, but not limited to, offering
9    evidence collection to any Illinois pediatric sexual
10    assault survivor who presents with a complaint of sexual
11    assault within a minimum of the last 7 days or who has
12    disclosed past sexual assault by a specific individual and
13    was in the care of that individual within a minimum of the
14    last 7 days and not billing the sexual assault survivor for
15    medical forensic services or 90 days of follow-up
16    healthcare;
17        (iii) that the out-of-state hospital will use an
18    Illinois State Police Sexual Assault Evidence Collection
19    Kit to collect forensic evidence from an Illinois pediatric
20    sexual assault survivor; and
21        (iv) that the out-of-state hospital will ensure its
22    staff cooperates with Illinois law enforcement agencies
23    and are responsive to subpoenas issued by Illinois courts.
 
24    (410 ILCS 70/5.5)
25    Sec. 5.5. Minimum reimbursement requirements for follow-up

 

 

10000HB5245ham001- 42 -LRB100 20715 MJP 39161 a

1healthcare.
2    (a) Every hospital, pediatric health care facility, health
3care professional, laboratory, or pharmacy that provides
4follow-up healthcare to a sexual assault survivor, with the
5consent of the sexual assault survivor and as ordered by the
6attending physician, an advanced practice registered nurse, or
7physician assistant shall be reimbursed for the follow-up
8healthcare services provided. Follow-up healthcare services
9include, but are not limited to, the following:
10        (1) a physical examination;
11        (2) laboratory tests to determine the presence or
12    absence of sexually transmitted infection disease; and
13        (3) appropriate medications, including HIV
14    prophylaxis, in accordance with the Centers for Disease
15    Control and Prevention's guidelines.
16    (b) Reimbursable follow-up healthcare is limited to office
17visits with a physician, advanced practice registered nurse, or
18physician assistant within 90 days after an initial visit for
19hospital medical forensic emergency services.
20    (c) Nothing in this Section requires a hospital, pediatric
21health care facility, health care professional, laboratory, or
22pharmacy to provide follow-up healthcare to a sexual assault
23survivor.
24(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
25    (410 ILCS 70/6.1)  (from Ch. 111 1/2, par. 87-6.1)

 

 

10000HB5245ham001- 43 -LRB100 20715 MJP 39161 a

1    Sec. 6.1. Minimum standards. The Department shall
2prescribe minimum standards, rules, and regulations necessary
3to implement this Act and the changes made by this amendatory
4Act of the 100th General Assembly, which shall apply to every
5hospital required to be licensed by the Department that
6provides general medical and surgical hospital services and to
7every approved pediatric health care facility. Such standards
8shall include, but not be limited to, a uniform system for
9recording results of medical examinations and all diagnostic
10tests performed in connection therewith to determine the
11condition and necessary treatment of sexual assault survivors,
12which results shall be preserved in a confidential manner as
13part of the hospital's or approved pediatric health care
14facility's hospital record of the sexual assault survivor.
15(Source: P.A. 95-432, eff. 1-1-08.)
 
16    (410 ILCS 70/6.2)  (from Ch. 111 1/2, par. 87-6.2)
17    Sec. 6.2. Assistance and grants. The Department shall
18assist in the development and operation of programs which
19provide medical hospital emergency services and forensic
20services to sexual assault survivors, and, where necessary, to
21provide grants to hospitals and approved pediatric health care
22facilities for this purpose.
23(Source: P.A. 95-432, eff. 1-1-08.)
 
24    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)

 

 

10000HB5245ham001- 44 -LRB100 20715 MJP 39161 a

1    Sec. 6.4. Sexual assault evidence collection program.
2    (a) There is created a statewide sexual assault evidence
3collection program to facilitate the prosecution of persons
4accused of sexual assault. This program shall be administered
5by the Illinois State Police. The program shall consist of the
6following: (1) distribution of sexual assault evidence
7collection kits which have been approved by the Illinois State
8Police to hospitals and approved pediatric health care
9facilities that request them, or arranging for such
10distribution by the manufacturer of the kits, (2) collection of
11the kits from hospitals and approved pediatric health care
12facilities after the kits have been used to collect evidence,
13(3) analysis of the collected evidence and conducting of
14laboratory tests, (4) maintaining the chain of custody and
15safekeeping of the evidence for use in a legal proceeding, and
16(5) the comparison of the collected evidence with the genetic
17marker grouping analysis information maintained by the
18Department of State Police under Section 5-4-3 of the Unified
19Code of Corrections and with the information contained in the
20Federal Bureau of Investigation's National DNA database;
21provided the amount and quality of genetic marker grouping
22results obtained from the evidence in the sexual assault case
23meets the requirements of both the Department of State Police
24and the Federal Bureau of Investigation's Combined DNA Index
25System (CODIS) policies. The standardized evidence collection
26kit for the State of Illinois shall be the Illinois State

 

 

10000HB5245ham001- 45 -LRB100 20715 MJP 39161 a

1Police Sexual Assault Evidence Kit and shall include a written
2consent form authorizing law enforcement to test the sexual
3assault evidence and to provide law enforcement with details of
4the sexual assault.
5    (a-5) (Blank).
6    (b) The Illinois State Police shall administer a program to
7train hospitals and hospital and approved pediatric health care
8facility personnel participating in the sexual assault
9evidence collection program, in the correct use and application
10of the sexual assault evidence collection kits. A sexual
11assault nurse examiner may conduct examinations using the
12sexual assault evidence collection kits, without the presence
13or participation of a physician. The Department shall cooperate
14with the Illinois State Police in this program as it pertains
15to medical aspects of the evidence collection.
16    (c) (Blank). In this Section, "sexual assault nurse
17examiner" means a registered nurse who has completed a sexual
18assault nurse examiner (SANE) training program that meets the
19Forensic Sexual Assault Nurse Examiner Education Guidelines
20established by the International Association of Forensic
21Nurses.
22(Source: P.A. 99-801, eff. 1-1-17.)
 
23    (410 ILCS 70/6.5)
24    Sec. 6.5. Written consent to the release of sexual assault
25evidence for testing.

 

 

10000HB5245ham001- 46 -LRB100 20715 MJP 39161 a

1    (a) Upon the completion of medical hospital emergency
2services and forensic services, the health care professional
3providing the medical forensic services shall provide the
4patient the opportunity to sign a written consent to allow law
5enforcement to submit the sexual assault evidence for testing,
6if collected. The written consent shall be on a form included
7in the sexual assault evidence collection kit and posted on the
8Illinois State Police website. The consent form shall include
9whether the survivor consents to the release of information
10about the sexual assault to law enforcement.
11        (1) A survivor 13 years of age or older may sign the
12    written consent to release the evidence for testing.
13        (2) If the survivor is a minor who is under 13 years of
14    age, the written consent to release the sexual assault
15    evidence for testing may be signed by the parent, guardian,
16    investigating law enforcement officer, or Department of
17    Children and Family Services.
18        (3) If the survivor is an adult who has a guardian of
19    the person, a health care surrogate, or an agent acting
20    under a health care power of attorney, the consent of the
21    guardian, surrogate, or agent is not required to release
22    evidence and information concerning the sexual assault or
23    sexual abuse. If the adult is unable to provide consent for
24    the release of evidence and information and a guardian,
25    surrogate, or agent under a health care power of attorney
26    is unavailable or unwilling to release the information,

 

 

10000HB5245ham001- 47 -LRB100 20715 MJP 39161 a

1    then an investigating law enforcement officer may
2    authorize the release.
3        (4) Any health care professional or , including any
4    physician, advanced practice registered nurse, physician
5    assistant, or nurse, sexual assault nurse examiner, and any
6    health care institution, including any hospital or
7    approved pediatric health care facility, who provides
8    evidence or information to a law enforcement officer under
9    a written consent as specified in this Section is immune
10    from any civil or professional liability that might arise
11    from those actions, with the exception of willful or wanton
12    misconduct. The immunity provision applies only if all of
13    the requirements of this Section are met.
14    (b) The hospital or approved pediatric health care facility
15shall keep a copy of a signed or unsigned written consent form
16in the patient's medical record.
17    (c) If a written consent to allow law enforcement to hold
18test the sexual assault evidence is not signed at the
19completion of medical hospital emergency services and forensic
20services, the hospital or approved pediatric health care
21facility shall include the following information in its
22discharge instructions:
23        (1) the sexual assault evidence will be stored for 5
24    years from the completion of an Illinois State Police
25    Sexual Assault Evidence Collection Kit, or 5 years from the
26    age of 18 years, whichever is longer;

 

 

10000HB5245ham001- 48 -LRB100 20715 MJP 39161 a

1        (2) a person authorized to consent to the testing of
2    the sexual assault evidence may sign a written consent to
3    allow law enforcement to test the sexual assault evidence
4    at any time during that 5-year period for an adult victim,
5    or until a minor victim turns 23 years of age by (A)
6    contacting the law enforcement agency having jurisdiction,
7    or if unknown, the law enforcement agency contacted by the
8    hospital or approved pediatric health care facility under
9    Section 3.2 of the Criminal Identification Act; or (B) by
10    working with an advocate at a rape crisis center;
11        (3) the name, address, and phone number of the law
12    enforcement agency having jurisdiction, or if unknown the
13    name, address, and phone number of the law enforcement
14    agency contacted by the hospital or approved pediatric
15    health care facility under Section 3.2 of the Criminal
16    Identification Act; and
17        (4) the name and phone number of a local rape crisis
18    center.
19(Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18.)
 
20    (410 ILCS 70/6.6)
21    Sec. 6.6. Submission of sexual assault evidence.
22    (a) As soon as practicable, but in no event more than 4
23hours after the completion of medical hospital emergency
24services and forensic services, the hospital or approved
25pediatric health care facility shall make reasonable efforts to

 

 

10000HB5245ham001- 49 -LRB100 20715 MJP 39161 a

1determine the law enforcement agency having jurisdiction where
2the sexual assault occurred, if sexual assault evidence was
3collected. The hospital or approved pediatric health care
4facility may obtain the name of the law enforcement agency with
5jurisdiction from the local law enforcement agency.
6    (b) Within 4 hours after the completion of medical hospital
7emergency services and forensic services, the hospital or
8approved pediatric health care facility shall notify the law
9enforcement agency having jurisdiction that the hospital or
10approved pediatric health care facility is in possession of
11sexual assault evidence and the date and time the collection of
12evidence was completed. The hospital or approved pediatric
13health care facility shall document the notification in the
14patient's medical records and shall include the agency
15notified, the date and time of the notification and the name of
16the person who received the notification. This notification to
17the law enforcement agency having jurisdiction satisfies the
18hospital's or approved pediatric health care facility's
19requirement to contact its local law enforcement agency under
20Section 3.2 of the Criminal Identification Act.
21    (c) If the law enforcement agency having jurisdiction has
22not taken physical custody of sexual assault evidence within 5
23days of the first contact by the hospital or approved pediatric
24health care facility, the hospital or approved pediatric health
25care facility shall renotify the law enforcement agency having
26jurisdiction that the hospital or approved pediatric health

 

 

10000HB5245ham001- 50 -LRB100 20715 MJP 39161 a

1care facility is in possession of sexual assault evidence and
2the date the sexual assault evidence was collected. The
3hospital or approved pediatric health care facility shall
4document the renotification in the patient's medical records
5and shall include the agency notified, the date and time of the
6notification and the name of the person who received the
7notification.
8    (d) If the law enforcement agency having jurisdiction has
9not taken physical custody of the sexual assault evidence
10within 10 days of the first contact by the hospital or approved
11pediatric health care facility and the hospital or approved
12pediatric health care facility has provided renotification
13under subsection (c) of this Section, the hospital or approved
14pediatric health care facility shall contact the State's
15Attorney of the county where the law enforcement agency having
16jurisdiction is located. The hospital or approved pediatric
17health care facility shall inform the State's Attorney that the
18hospital or approved pediatric health care facility is in
19possession of sexual assault evidence, the date the sexual
20assault evidence was collected, the law enforcement agency
21having jurisdiction, the dates, times and names of persons
22notified under subsections (b) and (c) of this Section. The
23notification shall be made within 14 days of the collection of
24the sexual assault evidence.
25(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
 

 

 

10000HB5245ham001- 51 -LRB100 20715 MJP 39161 a

1    (410 ILCS 70/7)  (from Ch. 111 1/2, par. 87-7)
2    Sec. 7. Reimbursement.
3    (a) A hospital, approved pediatric health care facility, or
4health care professional furnishing medical hospital emergency
5services or forensic services, an ambulance provider
6furnishing transportation to a sexual assault survivor, a
7hospital, health care professional, or laboratory providing
8follow-up healthcare, or a pharmacy dispensing prescribed
9medications to any sexual assault survivor shall furnish such
10services or medications to that person without charge and shall
11seek payment as follows:
12        (1) If a sexual assault survivor is eligible to receive
13    benefits under the medical assistance program under
14    Article V of the Illinois Public Aid Code, the ambulance
15    provider, hospital, approved pediatric health care
16    facility, health care professional, laboratory, or
17    pharmacy must submit the bill to the Department of
18    Healthcare and Family Services or the appropriate Medicaid
19    managed care organization and accept the amount paid as
20    full payment.
21        (2) If a sexual assault survivor is covered by one or
22    more policies of health insurance or is a beneficiary under
23    a public or private health coverage program, the ambulance
24    provider, hospital, approved pediatric health care
25    facility, health care professional, laboratory, or
26    pharmacy shall bill the insurance company or program. With

 

 

10000HB5245ham001- 52 -LRB100 20715 MJP 39161 a

1    respect to such insured patients, applicable deductible,
2    co-pay, co-insurance, denial of claim, or any other
3    out-of-pocket insurance-related expense may be submitted
4    to the Illinois Sexual Assault Emergency Treatment Program
5    of the Department of Healthcare and Family Services in
6    accordance with 89 Ill. Adm. Code 148.510 for payment at
7    the Department of Healthcare and Family Services'
8    allowable rates under the Illinois Public Aid Code. The
9    ambulance provider, hospital, approved pediatric health
10    care facility, health care professional, laboratory, or
11    pharmacy shall accept the amounts paid by the insurance
12    company or health coverage program and the Illinois Sexual
13    Assault Treatment Program as full payment.
14        (3) If a sexual assault survivor is neither eligible to
15    receive benefits under the medical assistance program
16    under Article V of the Public Aid Code nor covered by a
17    policy of insurance or a public or private health coverage
18    program, the ambulance provider, hospital, approved
19    pediatric health care facility, health care professional,
20    laboratory, or pharmacy shall submit the request for
21    reimbursement to the Illinois Sexual Assault Emergency
22    Treatment Program under the Department of Healthcare and
23    Family Services in accordance with 89 Ill. Adm. Code
24    148.510 at the Department of Healthcare and Family
25    Services' allowable rates under the Illinois Public Aid
26    Code.

 

 

10000HB5245ham001- 53 -LRB100 20715 MJP 39161 a

1        (4) If a sexual assault survivor presents a sexual
2    assault services voucher for follow-up healthcare, the
3    healthcare professional, pediatric health care facility,
4    or laboratory that provides follow-up healthcare or the
5    pharmacy that dispenses prescribed medications to a sexual
6    assault survivor shall submit the request for
7    reimbursement for follow-up healthcare, pediatric health
8    care facility, laboratory, or pharmacy services to the
9    Illinois Sexual Assault Emergency Treatment Program under
10    the Department of Healthcare and Family Services in
11    accordance with 89 Ill. Adm. Code 148.510 at the Department
12    of Healthcare and Family Services' allowable rates under
13    the Illinois Public Aid Code. Nothing in this subsection
14    (a) precludes hospitals or approved pediatric health care
15    facilities from providing follow-up healthcare and
16    receiving reimbursement under this Section.
17    (b) Nothing in this Section precludes a hospital, health
18care provider, ambulance provider, laboratory, or pharmacy
19from billing the sexual assault survivor or any applicable
20health insurance or coverage for inpatient services.
21    (c) (Blank).
22    (d) On and after July 1, 2012, the Department shall reduce
23any rate of reimbursement for services or other payments or
24alter any methodologies authorized by this Act or the Illinois
25Public Aid Code to reduce any rate of reimbursement for
26services or other payments in accordance with Section 5-5e of

 

 

10000HB5245ham001- 54 -LRB100 20715 MJP 39161 a

1the Illinois Public Aid Code.
2    (e) The Department of Healthcare and Family Services shall
3establish standards, rules, and regulations to implement this
4Section.
5(Source: P.A. 98-463, eff. 8-16-13; 99-454, eff. 1-1-16.)
 
6    (410 ILCS 70/7.5)
7    Sec. 7.5. Prohibition on billing sexual assault survivors
8directly for certain services; written notice; billing
9protocols.
10    (a) A hospital, approved pediatric health care facility,
11health care professional, ambulance provider, laboratory, or
12pharmacy furnishing medical hospital emergency services,
13forensic services, transportation, follow-up healthcare, or
14medication to a sexual assault survivor shall not:
15        (1) charge or submit a bill for any portion of the
16    costs of the services, transportation, or medications to
17    the sexual assault survivor, including any insurance
18    deductible, co-pay, co-insurance, denial of claim by an
19    insurer, spenddown, or any other out-of-pocket expense;
20        (2) communicate with, harass, or intimidate the sexual
21    assault survivor for payment of services, including, but
22    not limited to, repeatedly calling or writing to the sexual
23    assault survivor and threatening to refer the matter to a
24    debt collection agency or to an attorney for collection,
25    enforcement, or filing of other process;

 

 

10000HB5245ham001- 55 -LRB100 20715 MJP 39161 a

1        (3) refer a bill to a collection agency or attorney for
2    collection action against the sexual assault survivor;
3        (4) contact or distribute information to affect the
4    sexual assault survivor's credit rating; or
5        (5) take any other action adverse to the sexual assault
6    survivor or his or her family on account of providing
7    services to the sexual assault survivor.
8    (b) Nothing in this Section precludes a hospital, health
9care provider, ambulance provider, laboratory, or pharmacy
10from billing the sexual assault survivor or any applicable
11health insurance or coverage for inpatient services.
12    (c) Every Within 60 days after the effective date of this
13amendatory Act of the 99th General Assembly, every hospital and
14approved pediatric health care facility providing treatment
15services to sexual assault survivors in accordance with a plan
16approved under Section 2 of this Act shall provide a written
17notice to a sexual assault survivor. The written notice must
18include, but is not limited to, the following:
19        (1) a statement that the sexual assault survivor should
20    not be directly billed by any ambulance provider providing
21    transportation services, or by any hospital, approved
22    pediatric health care facility, health care professional,
23    laboratory, or pharmacy for the services the sexual assault
24    survivor received as an outpatient at the hospital or
25    approved pediatric health care facility;
26        (2) a statement that a sexual assault survivor who is

 

 

10000HB5245ham001- 56 -LRB100 20715 MJP 39161 a

1    admitted to a hospital may be billed for inpatient services
2    provided by a hospital, health care professional,
3    laboratory, or pharmacy;
4        (3) a statement that prior to leaving the hospital or
5    approved pediatric health care facility emergency
6    department of the treating facility, the hospital or
7    approved pediatric health care facility hospital will give
8    the sexual assault survivor a sexual assault services
9    voucher for follow-up healthcare if the sexual assault
10    survivor is eligible to receive a sexual assault services
11    voucher;
12        (4) the definition of "follow-up healthcare" as set
13    forth in Section 1a of this Act;
14        (5) a phone number the sexual assault survivor may call
15    should the sexual assault survivor receive a bill from the
16    hospital or approved pediatric health care facility for
17    medical hospital emergency services and forensic services;
18        (6) the toll-free phone number of the Office of the
19    Illinois Attorney General, Crime Victim Services Division,
20    which the sexual assault survivor may call should the
21    sexual assault survivor receive a bill from an ambulance
22    provider, approved pediatric health care facility, a
23    health care professional, a laboratory, or a pharmacy.
24    This subsection (c) shall not apply to hospitals that
25provide transfer services as defined under Section 1a of this
26Act.

 

 

10000HB5245ham001- 57 -LRB100 20715 MJP 39161 a

1    (d) Within 60 days after the effective date of this
2amendatory Act of the 99th General Assembly, every health care
3professional, except for those employed by a hospital or
4hospital affiliate, as defined in the Hospital Licensing Act,
5or those employed by a hospital operated under the University
6of Illinois Hospital Act, who bills separately for medical
7hospital emergency services or forensic services must develop a
8billing protocol that ensures that no survivor of sexual
9assault will be sent a bill for any medical hospital emergency
10services or forensic services and submit the billing protocol
11to the Crime Victim Services Division of the Office of the
12Attorney General for approval. Within 60 days after the
13commencement of the provision of medical forensic services,
14every health care professional, except for those employed by a
15hospital or hospital affiliate, as defined in the Hospital
16Licensing Act, or those employed by a hospital operated under
17the University of Illinois Hospital Act, who bills separately
18for medical or forensic services must develop a billing
19protocol that ensures that no survivor of sexual assault is
20sent a bill for any medical forensic services and submit the
21billing protocol to the Crime Victim Services Division of the
22Office of the Attorney General for approval. Health care
23professionals who bill as a legal entity may submit a single
24billing protocol for the billing entity.
25    Within 60 days after the Department's approval of a
26treatment plan, an approved pediatric health care facility and

 

 

10000HB5245ham001- 58 -LRB100 20715 MJP 39161 a

1any health care professional employed by an approved pediatric
2health care facility must develop a billing protocol that
3ensures that no survivor of sexual assault is sent a bill for
4any medical forensic services and submit the billing protocol
5to the Crime Victim Services Division of the Office of the
6Attorney General for approval.
7     The billing protocol must include at a minimum:
8        (1) a description of training for persons who prepare
9    bills for medical hospital emergency services and forensic
10    services;
11        (2) a written acknowledgement signed by a person who
12    has completed the training that the person will not bill
13    survivors of sexual assault;
14        (3) prohibitions on submitting any bill for any portion
15    of medical hospital emergency services or forensic
16    services provided to a survivor of sexual assault to a
17    collection agency;
18        (4) prohibitions on taking any action that would
19    adversely affect the credit of the survivor of sexual
20    assault;
21        (5) the termination of all collection activities if the
22    protocol is violated; and
23        (6) the actions to be taken if a bill is sent to a
24    collection agency or the failure to pay is reported to any
25    credit reporting agency.
26    The Crime Victim Services Division of the Office of the

 

 

10000HB5245ham001- 59 -LRB100 20715 MJP 39161 a

1Attorney General may provide a sample acceptable billing
2protocol upon request.
3    The Office of the Attorney General shall approve a proposed
4protocol if it finds that the implementation of the protocol
5would result in no survivor of sexual assault being billed or
6sent a bill for medical hospital emergency services or forensic
7services.
8    If the Office of the Attorney General determines that
9implementation of the protocol could result in the billing of a
10survivor of sexual assault for medical hospital emergency
11services or forensic services, the Office of the Attorney
12General shall provide the health care professional or approved
13pediatric health care facility with a written statement of the
14deficiencies in the protocol. The health care professional or
15approved pediatric health care facility shall have 30 days to
16submit a revised billing protocol addressing the deficiencies
17to the Office of the Attorney General. The health care
18professional or approved pediatric health care facility shall
19implement the protocol upon approval by the Crime Victim
20Services Division of the Office of the Attorney General.
21    The health care professional or approved pediatric health
22care facility shall submit any proposed revision to or
23modification of an approved billing protocol to the Crime
24Victim Services Division of the Office of the Attorney General
25for approval. The health care professional or approved
26pediatric health care facility shall implement the revised or

 

 

10000HB5245ham001- 60 -LRB100 20715 MJP 39161 a

1modified billing protocol upon approval by the Crime Victim
2Services Division of the Office of the Illinois Attorney
3General.
4(Source: P.A. 99-454, eff. 1-1-16.)
 
5    (410 ILCS 70/8)  (from Ch. 111 1/2, par. 87-8)
6    Sec. 8. Penalties.
7    (a) Any hospital or approved pediatric health care facility
8violating any provisions of this Act other than Section 7.5
9shall be guilty of a petty offense for each violation, and any
10fine imposed shall be paid into the general corporate funds of
11the city, incorporated town or village in which the hospital or
12approved pediatric health care facility is located, or of the
13county, in case such hospital is outside the limits of any
14incorporated municipality.
15    (b) The Attorney General may seek the assessment of one or
16more of the following civil monetary penalties in any action
17filed under this Act where the hospital, approved pediatric
18health care facility, health care professional, ambulance
19provider, laboratory, or pharmacy knowingly violates Section
207.5 of the Act:
21        (1) For willful violations of paragraphs (1), (2), (4),
22    or (5) of subsection (a) of Section 7.5 or subsection (c)
23    of Section 7.5, the civil monetary penalty shall not exceed
24    $500 per violation.
25        (2) For violations of paragraphs (1), (2), (4), or (5)

 

 

10000HB5245ham001- 61 -LRB100 20715 MJP 39161 a

1    of subsection (a) of Section 7.5 or subsection (c) of
2    Section 7.5 involving a pattern or practice, the civil
3    monetary penalty shall not exceed $500 per violation.
4        (3) For violations of paragraph (3) of subsection (a)
5    of Section 7.5, the civil monetary penalty shall not exceed
6    $500 for each day the bill is with a collection agency.
7        (4) For violations involving the failure to submit
8    billing protocols within the time period required under
9    subsection (d) of Section 7.5, the civil monetary penalty
10    shall not exceed $100 per day until the health care
11    professional or approved pediatric health care facility
12    complies with subsection (d) of Section 7.5.
13    All civil monetary penalties shall be deposited into the
14Violent Crime Victims Assistance Fund.
15(Source: P.A. 99-454, eff. 1-1-16.)
 
16    (410 ILCS 70/9)  (from Ch. 111 1/2, par. 87-9)
17    Sec. 9. Nothing in this Act shall be construed to require a
18hospital or an approved pediatric health care facility to
19provide any services which relate to an abortion.
20(Source: P.A. 79-564.)
 
21    (410 ILCS 70/9.5 new)
22    Sec. 9.5. Sexual Assault Medical Forensic Services
23Implementation Task Force.
24    (a) The Sexual Assault Medical Forensic Services

 

 

10000HB5245ham001- 62 -LRB100 20715 MJP 39161 a

1Implementation Task Force is created to assist hospitals and
2approved pediatric health care facilities with the
3implementation of the changes made by this amendatory Act of
4the l00th General Assembly. The Task Force shall consist of the
5following members, who shall serve without compensation:
6        (1) one member of the Senate appointed by the President
7    of the Senate, who may designate an alternate member;
8        (2) one member of the Senate appointed by the Minority
9    Leader of the Senate, who may designate an alternate
10    member;
11        (3) one member of the House of Representatives
12    appointed by the Speaker of the House of Representatives,
13    who may designate an alternate member;
14        (4) one member of the House of Representatives
15    appointed by the Minority Leader of the House of
16    Representatives, who may designate an alternate member;
17        (5) two members representing the Office of the Attorney
18    General appointed by the Attorney General, one of whom
19    shall be the Sexual Assault Nurse Examiner Coordinator for
20    the State of Illinois;
21        (6) one member representing the Department of Public
22    Health appointed by the Director of Public Health;
23        (7) one member representing the Department of State
24    Police appointed by the Director of State Police;
25        (8) one member representing the Department of
26    Healthcare and Family Services appointed by the Director of

 

 

10000HB5245ham001- 63 -LRB100 20715 MJP 39161 a

1    Healthcare and Family Services;
2        (9) six members representing hospitals appointed by
3    the head of a statewide organization representing the
4    interests of hospitals in Illinois, at least one of whom
5    shall represent small and rural hospitals and at least one
6    of these members shall represent urban hospitals;
7        (10) one member representing physicians appointed by
8    the head of a statewide organization representing the
9    interests of physicians in Illinois;
10        (11) one member representing emergency physicians
11    appointed by the head of a statewide organization
12    representing the interests of emergency physicians in
13    Illinois;
14        (12) two members representing child abuse
15    pediatricians appointed by the head of a statewide
16    organization representing the interests of child abuse
17    pediatricians in Illinois, at least one of whom shall
18    represent child abuse pediatricians providing medical
19    forensic services in rural locations and at least one of
20    whom shall represent child abuse pediatricians providing
21    medical forensic services in urban locations;
22        (13) one member representing nurses appointed by the
23    head of a statewide organization representing the
24    interests of nurses in Illinois;
25        (14) two members representing sexual assault nurse
26    examiners appointed by the head of a statewide organization

 

 

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1    representing the interests of forensic nurses in Illinois,
2    at least one of whom shall represent pediatric/adolescent
3    sexual assault nurse examiners and at least one of these
4    members shall represent adult/adolescent sexual assault
5    nurse examiners;
6        (15) one member representing State's Attorneys
7    appointed by the head of a statewide organization
8    representing the interests of State's Attorneys in
9    Illinois;
10        (16) three members representing sexual assault
11    survivors appointed by the head of a statewide organization
12    representing the interests of sexual assault survivors and
13    rape crisis centers, at least one of whom shall represent
14    rural rape crisis centers and at least one of whom shall
15    represent urban rape crisis centers; and
16        (17) one member representing children's advocacy
17    centers appointed by the head of a statewide organization
18    representing the interests of children's advocacy centers
19    in Illinois.
20    The members representing the Office of the Attorney General
21and the Department of Public Health shall serve as
22co-chairpersons of the Task Force. The Office of the Attorney
23General shall provide administrative and other support to the
24Task Force.
25    (b) The first meeting of the Task Force shall be called by
26the co-chairpersons no later than 90 days after the effective

 

 

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1date of this Section.
2    (c) The goals of the Task Force shall include, but not be
3limited to, the following:
4        (1) to facilitate the development of areawide
5    treatment plans among hospitals and pediatric health care
6    facilities;
7        (2) to facilitate the development of on-call systems of
8    qualified medical providers and assist hospitals with the
9    development of plans to employ or contract with a qualified
10    medical provider to initiate medical forensic services to a
11    sexual assault survivor within 90 minutes of the patient
12    presenting to the hospital as required in subsection (a-7)
13    of Section 5;
14        (3) to identify photography and storage options for
15    hospitals to comply with the photo documentation
16    requirements in Sections 5 and 5.1;
17        (4) to develop a model written agreement for use by
18    rape crisis centers, hospitals, and approved pediatric
19    health care facilities with sexual assault treatment plans
20    to comply with subsection (c) of Section 2;
21        (5) to develop and distribute educational information
22    regarding the implementation of this Act to hospitals,
23    health care providers, rape crisis centers, children's
24    advocacy centers, and State's Attorney's offices; and
25        (6) to examine the role of telemedicine in the
26    provision of medical forensic services under this Act and

 

 

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1    to develop recommendations for statutory change and
2    standards and procedures for the use of telemedicine to be
3    adopted by the Department.
4    (d) This Section is repealed on January 1, 2021.
 
5    (410 ILCS 70/10 new)
6    Sec. 10. Sexual Assault Nurse Examiner Program.
7    (a) The Sexual Assault Nurse Examiner Program is
8established within the Office of the Attorney General. The
9Sexual Assault Nurse Examiner Program shall maintain a list of
10sexual assault nurse examiners who have completed didactic and
11clinical training requirements consistent with the Sexual
12Assault Nurse Examiner Education Guidelines established by the
13International Association of Forensic Nurses.
14    (b) By March 1, 2019, the Sexual Assault Nurse Examiner
15Program shall develop and make available to hospitals 4 hours
16of online sexual assault training for emergency department
17clinical staff to meet the training requirement established in
18subsection (a) of Section 2. The Sexual Assault Nurse Examiner
19Program shall obtain continuing medical education and
20continuing education credits for this training, if possible.
21    The Sexual Assault Nurse Examiner Program shall provide
22didactic and clinical training opportunities consistent with
23the Sexual Assault Nurse Examiner Education Guidelines
24established by the International Association of Forensic
25Nurses to assist hospitals with employing or contracting with a

 

 

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1qualified medical provider to initiate medical forensic
2services to a sexual assault survivor within 90 minutes of the
3patient presenting to the hospital as required in subsection
4(a-7) of Section 5.
5    The Sexual Assault Nurse Examiner Program shall assist
6hospitals in establishing trainings to achieve the
7requirements of this Act.
8    For the purpose of providing continuing medical education
9credit in accordance with the Medical Practice Act of 1987 and
10administrative rules adopted under the Medical Practice Act of
111987 and continuing education credit in accordance with the
12Nurse Practice Act and administrative rules adopted under the
13Nurse Practice Act to health care professionals for the
14completion of sexual assault training provided by the Sexual
15Assault Nurse Examiner Program under this Act, the Office of
16the Attorney General shall be considered a State agency.
17    (c) The Sexual Assault Nurse Examiner Program, in
18consultation with qualified medical providers, shall create
19uniform materials that all treatment hospitals, treatment
20hospitals with approved pediatric transfer, and approved
21pediatric health care facilities are required to give patients
22and non-offending parents or legal guardians, if applicable,
23regarding the medical forensic exam procedure, laws regarding
24consenting to medical forensic services, and the benefits and
25risks of evidence collection, including recommended time
26frames for evidence collection pursuant to evidence-based

 

 

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1research. These materials shall be made available to all
2hospitals and approved pediatric health care facilities on the
3Office of the Attorney General's website.
 
4    Section 99. Effective date. This Act takes effect January
51, 2019, except that this Section and the provisions adding
6Section 9.5 to the Sexual Assault Survivors Emergency Treatment
7Act take effect upon becoming law.".