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Public Act 096-0318
Public Act 0318 96TH GENERAL ASSEMBLY
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Public Act 096-0318 |
HB4081 Enrolled |
LRB096 11796 RPM 22608 b |
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| 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;
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| (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.
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Effective Date: 1/1/2010
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