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| [ 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;and10 (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.