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92_HB0430ham001
LRB9204217DJgcam01
1 AMENDMENT TO HOUSE BILL 430
2 AMENDMENT NO. . Amend House Bill 430 by replacing
3 the title with the following:
4 "AN ACT in relation to health."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Sexual Assault Survivors Emergency
8 Treatment Act is amended by changing Section 5 and adding
9 Section 10 as follows:
10 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
11 Sec. 5. Minimum requirements for hospitals providing
12 emergency service to sexual assault survivors.
13 (a) Every hospital providing emergency hospital services
14 to an alleged sexual assault survivor under this Act shall,
15 as minimum requirements for such services, provide, with the
16 consent of the alleged sexual assault survivor, and as
17 ordered by the attending physician, the following:
18 (1) appropriate medical examinations and laboratory
19 tests required to ensure the health, safety, and welfare
20 of an alleged sexual assault survivor or which may be
21 used as evidence in a criminal proceeding against a
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1 person accused of the sexual assault, or both; and
2 records of the results of such examinations and tests
3 shall be maintained by the hospital and made available to
4 law enforcement officials upon the request of the alleged
5 sexual assault survivor;
6 (2) appropriate oral and written information
7 concerning the possibility of infection, sexually
8 transmitted disease and pregnancy resulting from sexual
9 assault;
10 (3) appropriate oral and written information
11 concerning accepted medical procedures, medication, and
12 possible contraindications of such medication available
13 for the prevention or treatment of infection or disease
14 resulting from sexual assault;
15 (4) such medication as deemed appropriate by the
16 attending physician;
17 (5) a blood test to determine the presence or
18 absence of sexually transmitted disease;
19 (6) written and oral instructions indicating the
20 need for a second blood test 6 weeks after the sexual
21 assault to determine the presence or absence of sexually
22 transmitted disease; and
23 (6.5) appropriate medically accurate non-biased
24 oral and written information concerning accepted medical
25 procedures for postcoital emergency contraception and
26 medications approved by the federal Food and Drug
27 Administration for use as postcoital emergency
28 contraception;
29 (6.6) if requested by the survivor of an alleged
30 sexual assault, medication approved by the federal Food
31 and Drug Administration for use as postcoital emergency
32 contraception unless contraindicated for medical reasons,
33 unless a physician or health care provider exercises his
34 or her rights under Section 10 of this Act; and
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1 (7) appropriate counseling as determined by the
2 hospital, by trained personnel designated by the
3 hospital.
4 (b) Any minor who is an alleged survivor of sexual
5 assault who seeks emergency services under this Act shall be
6 provided such services without the consent of the parent,
7 guardian or custodian of the minor.
8 (Source: P.A. 91-888, eff. 7-6-00.)
9 (410 ILCS 70/10 new)
10 Sec. 10. Right of conscience.
11 (a) No physician or health care provider shall be
12 required to provide the treatment described in subdivision
13 (a)(6.6) of Section 5 of this Act if providing that
14 treatment is contrary to the conscience of the physician or
15 health care provider and the physician or health care
16 provider (i) provides medically accurate non-biased written
17 and oral information about emergency contraception and makes
18 a notation in the patient's records that the information was
19 provided; (ii) administers appropriate testing to
20 conclusively determine that, in fact, providing the
21 medication described in subdivision (a)(6.6) of Section 5
22 would be contrary to the conscience of the physician or
23 health care provider; and (iii) has made arrangements for
24 appropriate referral with a physician, health care
25 professional, or pharmacy that guarantees access to emergency
26 contraception medication within 2 hours after treatment.
27 (b) As used in this Section, "conscience" means a
28 sincerely held and articulated set of moral convictions
29 arising from belief in and relation to God, or which, though
30 not so derived, arises from a place in the life of its
31 possessor parallel to that filled by God among adherents to
32 religious faiths.
33 (c) The Department shall define "appropriate referral"
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1 by rule and shall require hospitals to include information
2 regarding appropriate referral in the plan filed with the
3 Department under Section 2. The physician, health care
4 professional, or pharmacy who provides the medication is
5 entitled to reimbursement under Section 7 of this Act.
6 (d) No physician or health care professional is relieved
7 of any obligations under this Act unless he or she complies
8 with this Section. This Section does not relieve the
9 physician or health care provider of any other duty that may
10 exist under any laws concerning current standards, normal
11 medical practices, or procedures.
12 (e) This Section supersedes all other Acts or parts of
13 Acts to the extent that any Acts or parts of Acts are
14 inconsistent with the terms or operation of this Act.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".