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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
92_SB0114enr SB114 Enrolled LRB9204216DJmg 1 AN ACT in relation to emergency medical services. 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 2 and adding 6 Section 2.2 as follows: 7 (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2) 8 Sec. 2. Hospitals to furnish emergency service. Every 9 hospital required to be licensed by the Department of Public 10 Health pursuant to the Hospital Licensing Act, approved July 11 1, 1953, as now or hereafter amended, which provides general 12 medical and surgical hospital services shall provide 13 emergency hospital service, in accordance with rules and 14 regulations adopted by the Department of Public Health, to 15 all alleged sexual assault survivors who apply for such 16 hospital emergency services in relation to injuries or trauma 17 resulting from the sexual assault. 18 In addition every such hospital, regardless of whether or 19 not a request is made for reimbursement, except hospitals 20 participating in community or area wide plans in compliance 21 with Section 4 of this Act, shall submit to the Department of 22 Public Health a plan to provide hospital emergency services 23 to alleged sexual assault survivors which shall be made 24 available by such hospital. Such plan shall be submitted 25 within 60 days of receipt of the Department's request for 26 this plan, to the Department of Public Health for approval 27 prior to such plan becoming effective. The Department of 28 Public Health shall approve such plan for emergency service 29 to alleged sexual assault survivors if it finds that the 30 implementation of the proposed plan would provide adequate 31 hospital emergency service for alleged sexual assault SB114 Enrolled -2- LRB9204216DJmg 1 survivors and provide sufficient protections from the risk of 2 pregnancy by sexual assault survivors. 3 The Department of Public Health shall periodically 4 conduct on site reviews of such approved plans with hospital 5 personnel to insure that the established procedures are being 6 followed. 7 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.) 8 (410 ILCS 70/2.2 new) 9 Sec. 2.2. Emergency contraception. 10 (a) The General Assembly finds: 11 (1) Crimes of sexual violence cause significant 12 physical, emotional, and psychological trauma to the 13 victims. This trauma is compounded by a victim's fear of 14 becoming pregnant and bearing a child as a result of the 15 sexual assault. 16 (2) Each year over 32,000 women become pregnant in 17 the United States as the result of rape and approximately 18 50% of these pregnancies end in abortion. 19 (3) As approved for use by the Federal Food and 20 Drug Administration (FDA), emergency contraception can 21 significantly reduce the risk of pregnancy if taken 22 within 72 hours after the sexual assault. 23 (4) By providing emergency contraception to rape 24 victims in a timely manner, the trauma of rape can be 25 significantly reduced. 26 (b) Within 120 days after the effective date of this 27 amendatory Act of the 92nd General Assembly, every hospital 28 providing services to alleged sexual assault survivors in 29 accordance with a plan approved under Section 2 must develop 30 a protocol that ensures that each survivor of sexual assault 31 will receive medically and factually accurate and written and 32 oral information about emergency contraception; the 33 indications and counter-indications and risks associated with SB114 Enrolled -3- LRB9204216DJmg 1 the use of emergency contraception; and a description of how 2 and when victims may be provided emergency contraception upon 3 the written order of a physician licensed to practice 4 medicine in all its branches. The Department shall approve 5 the protocol if it finds that the implementation of the 6 protocol would provide sufficient protection for survivors of 7 an alleged sexual assault. 8 The hospital shall implement the protocol upon approval 9 by the Department. The Department shall adopt rules and 10 regulations establishing one or more safe harbor protocols 11 and setting minimum acceptable protocol standards that 12 hospitals may develop and implement. The Department shall 13 approve any protocol that meets those standards. The 14 Department may provide a sample acceptable protocol upon 15 request. 16 Section 99. Effective date. This Act takes effect on 17 January 1, 2002.