Illinois General Assembly - Full Text of Public Act 096-0318
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Public Act 096-0318


 

Public Act 0318 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0318
 
HB4081 Enrolled LRB096 11796 RPM 22608 b

    AN ACT concerning public health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 5 and 6.4 as
follows:
 
    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
    Sec. 5. Minimum requirements for hospitals providing
hospital emergency services and forensic services to sexual
assault survivors.
    (a) Every hospital providing hospital emergency services
and forensic services to sexual assault survivors under this
Act shall, as minimum requirements for such services, provide,
with the consent of the sexual assault survivor, and as ordered
by the attending physician, an advanced practice nurse who has
a written collaborative agreement with a collaborating
physician that authorizes provision of emergency services, or a
physician assistant who has been delegated authority to provide
hospital emergency services and forensic services, the
following:
        (1) appropriate medical examinations and laboratory
    tests required to ensure the health, safety, and welfare of
    a sexual assault survivor or which may be used as evidence
    in a criminal proceeding against a person accused of the
    sexual assault, or both; and records of the results of such
    examinations and tests shall be maintained by the hospital
    and made available to law enforcement officials upon the
    request of the sexual assault survivor;
        (2) appropriate oral and written information
    concerning the possibility of infection, sexually
    transmitted disease and pregnancy resulting from sexual
    assault;
        (3) appropriate oral and written information
    concerning accepted medical procedures, medication, and
    possible contraindications of such medication available
    for the prevention or treatment of infection or disease
    resulting from sexual assault;
        (4) an amount of medication for treatment at the
    hospital and after discharge as is deemed appropriate by
    the attending physician, an advanced practice nurse, or a
    physician assistant and consistent with the hospital's
    current approved protocol for sexual assault survivors;
        (5) an evaluation of the sexual assault survivor's risk
    of contracting human immunodeficiency virus (HIV) from the
    sexual assault;
        (6) written and oral instructions indicating the need
    for follow-up examinations and laboratory tests after the
    sexual assault to determine the presence or absence of
    sexually transmitted disease;
        (7) referral by hospital personnel for appropriate
    counseling; and
        (8) when HIV prophylaxis is deemed appropriate, an
    initial dose or doses of HIV prophylaxis, along with
    written and oral instructions indicating the importance of
    timely follow-up healthcare.
    (b) Any person minor who is a sexual assault survivor who
seeks emergency hospital services and forensic services or
follow-up healthcare under this Act shall be provided such
services without the consent of any the parent, guardian, or
custodian, surrogate, or agent of the minor.
    (c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital
emergency department.
(Source: P.A. 94-434, eff. 1-1-06; 95-432, eff. 1-1-08.)
 
    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)
    Sec. 6.4. Sexual assault evidence collection program.
    (a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be administered
by the Illinois State Police. The program shall consist of the
following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois State
Police to hospitals that request them, or arranging for such
distribution by the manufacturer of the kits, (2) collection of
the kits from hospitals after the kits have been used to
collect evidence, (3) analysis of the collected evidence and
conducting of laboratory tests, (4) maintaining the chain of
custody and safekeeping of the evidence for use in a legal
proceeding, and (5) the comparison of the collected evidence
with the genetic marker grouping analysis information
maintained by the Department of State Police under Section
5-4-3 of the Unified Code of Corrections and with the
information contained in the Federal Bureau of Investigation's
National DNA database; provided the amount and quality of
genetic marker grouping results obtained from the evidence in
the sexual assault case meets the requirements of both the
Department of State Police and the Federal Bureau of
Investigation's Combined DNA Index System (CODIS) policies.
The standardized evidence collection kit for the State of
Illinois shall be the Illinois State Police Sexual Assault
Evidence Kit. A sexual assault evidence collection kit may not
be released by a hospital without the written consent of the
sexual assault survivor. In the case of a survivor who is a
minor 13 years of age or older, evidence and information
concerning the sexual assault may be released at the written
request of the minor. If the survivor is a minor who is under
13 years of age, evidence and information concerning the
alleged sexual assault may be released at the written request
of the parent, guardian, investigating law enforcement
officer, or Department of Children and Family Services. If the
survivor is an adult who has a guardian of the person, a health
care surrogate, or an agent acting under a health care power of
attorney, then consent of the guardian, surrogate, or agent is
not required to release evidence and information concerning the
sexual assault. If the adult is unable to provide consent for
the release of evidence and information and a guardian,
surrogate, or agent under a health care power of attorney is
unavailable or unwilling to release the information, then an
investigating law enforcement officer may authorize the
release. Any health care professional, including any
physician, advanced practice nurse, physician assistant, or
nurse, sexual assault nurse examiner, and any health care
institution, including any hospital, who provides evidence or
information to a law enforcement officer pursuant to a written
request as specified in this Section is immune from any civil
or professional liability that might arise from those actions,
with the exception of willful or wanton misconduct. The
immunity provision applies only if all of the requirements of
this Section are met.
    (a-5) All sexual assault evidence collected using the State
Police Evidence Collection Kits before January 1, 2005 (the
effective date of Public Act 93-781) that have not been
previously analyzed and tested by the Department of State
Police shall be analyzed and tested within 2 years after
receipt of all necessary evidence and standards into the State
Police Laboratory if sufficient staffing and resources are
available. All sexual assault evidence collected using the
State Police Evidence Collection Kits on or after January 1,
2005 (the effective date of Public Act 93-781) shall be
analyzed and tested by the Department of State Police within
one year after receipt of all necessary evidence and standards
into the State Police Laboratory if sufficient staffing and
resources are available.
    (b) The Illinois State Police shall administer a program to
train hospitals and hospital personnel participating in the
sexual assault evidence collection program, in the correct use
and application of the sexual assault evidence collection kits.
A sexual assault nurse examiner may conduct examinations using
the sexual assault evidence collection kits, without the
presence or participation of a physician. The Department shall
cooperate with the Illinois State Police in this program as it
pertains to medical aspects of the evidence collection.
    (c) In this Section, "sexual assault nurse examiner" means
a registered nurse who has completed a sexual assault nurse
examiner (SANE) training program that meets the Forensic Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses.
(Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08.)
 
    Section 99. Effective date. This Act takes effect January
1, 2010.

Effective Date: 1/1/2010