State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ House Amendment 001 ]


92_HB0430eng

 
HB0430 Engrossed                               LRB9204217DJgc

 1        AN ACT in relation to public health.

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

 4        Section   5.  The   Sexual  Assault  Survivors  Emergency
 5    Treatment Act is amended by changing  Section  5  and  adding
 6    Section 10 as follows:

 7        (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
 8        Sec.  5.   Minimum  requirements  for hospitals providing
 9    emergency service to sexual assault survivors.
10        (a)  Every hospital providing emergency hospital services
11    to an alleged sexual assault survivor under this  Act  shall,
12    as  minimum requirements for such services, provide, with the
13    consent of  the  alleged  sexual  assault  survivor,  and  as
14    ordered by the attending physician, the following:
15             (1)  appropriate medical examinations and laboratory
16        tests  required to ensure the health, safety, and welfare
17        of an alleged sexual assault survivor  or  which  may  be
18        used  as  evidence  in  a  criminal  proceeding against a
19        person accused  of  the  sexual  assault,  or  both;  and
20        records  of  the  results  of such examinations and tests
21        shall be maintained by the hospital and made available to
22        law enforcement officials upon the request of the alleged
23        sexual assault survivor;
24             (2)  appropriate  oral   and   written   information
25        concerning   the   possibility   of  infection,  sexually
26        transmitted disease and pregnancy resulting  from  sexual
27        assault;
28             (3)  appropriate   oral   and   written  information
29        concerning accepted medical procedures,  medication,  and
30        possible  contraindications  of such medication available
31        for the prevention or treatment of infection  or  disease
 
HB0430 Engrossed            -2-                LRB9204217DJgc
 1        resulting from sexual assault;
 2             (4)  such  medication  as  deemed appropriate by the
 3        attending physician;
 4             (5)  a blood  test  to  determine  the  presence  or
 5        absence of sexually transmitted disease;
 6             (6)  written  and  oral  instructions indicating the
 7        need for a second blood test 6  weeks  after  the  sexual
 8        assault  to determine the presence or absence of sexually
 9        transmitted disease; and
10             (6.5)  appropriate  medically  accurate   non-biased
11        oral  and written information concerning accepted medical
12        procedures for  postcoital  emergency  contraception  and
13        medications   approved  by  the  federal  Food  and  Drug
14        Administration   for   use   as   postcoital    emergency
15        contraception;
16             (6.6)  if  requested  by  the survivor of an alleged
17        sexual assault, medication approved by the  federal  Food
18        and  Drug  Administration for use as postcoital emergency
19        contraception unless contraindicated for medical reasons,
20        unless a physician or health care provider exercises  his
21        or her rights under Section 10 of this Act; and
22             (7)  appropriate  counseling  as  determined  by the
23        hospital,  by  trained  personnel   designated   by   the
24        hospital.
25        (b)  Any  minor  who  is  an  alleged  survivor of sexual
26    assault who seeks emergency services under this Act shall  be
27    provided  such  services  without  the consent of the parent,
28    guardian or custodian of the minor.
29    (Source: P.A. 91-888, eff. 7-6-00.)

30        (410 ILCS 70/10 new)
31        Sec. 10.  Right of conscience.
32        (a)  No  physician  or  health  care  provider  shall  be
33    required to provide the treatment  described  in  subdivision
 
HB0430 Engrossed            -3-                LRB9204217DJgc
 1    (a)(6.6)  of  Section  5  of  this  Act  if  providing   that
 2    treatment  is  contrary to the conscience of the physician or
 3    health  care  provider  and  the  physician  or  health  care
 4    provider (i) provides medically accurate  non-biased  written
 5    and  oral information about emergency contraception and makes
 6    a notation in the patient's records that the information  was
 7    provided;    (ii)    administers   appropriate   testing   to
 8    conclusively  determine  that,   in   fact,   providing   the
 9    medication  described  in  subdivision  (a)(6.6) of Section 5
10    would be contrary to  the  conscience  of  the  physician  or
11    health  care  provider;  and  (iii) has made arrangements for
12    appropriate  referral   with   a   physician,   health   care
13    professional, or pharmacy that guarantees access to emergency
14    contraception medication within 2 hours after treatment.
15        (b)  As  used  in  this  Section,  "conscience"  means  a
16    sincerely  held  and  articulated  set  of  moral convictions
17    arising from belief in and relation to God, or which,  though
18    not  so  derived,  arises  from  a  place  in the life of its
19    possessor parallel to that filled by God among  adherents  to
20    religious faiths.
21        (c)  The  Department  shall define "appropriate referral"
22    by rule and shall require hospitals  to  include  information
23    regarding  appropriate  referral  in  the plan filed with the
24    Department under  Section  2.   The  physician,  health  care
25    professional,  or  pharmacy  who  provides  the medication is
26    entitled to reimbursement under Section 7 of this Act.
27        (d)  No physician or health care professional is relieved
28    of any obligations under this Act unless he or  she  complies
29    with  this  Section.   This  Section  does  not  relieve  the
30    physician  or health care provider of any other duty that may
31    exist under any laws  concerning  current  standards,  normal
32    medical practices, or procedures.
33        (e)  This  Section  supersedes all other Acts or parts of
34    Acts to the extent  that  any  Acts  or  parts  of  Acts  are
 
HB0430 Engrossed            -4-                LRB9204217DJgc
 1    inconsistent with the terms or operation of this Act.

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.

[ Top ]