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Public Act 92-0156
SB114 Enrolled LRB9204216DJmg
AN ACT in relation to emergency medical services.
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 Section 2 and adding
Section 2.2 as follows:
(410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
Sec. 2. Hospitals to furnish emergency service. Every
hospital required to be licensed by the Department of Public
Health pursuant to the Hospital Licensing Act, approved July
1, 1953, as now or hereafter amended, which provides general
medical and surgical hospital services shall provide
emergency hospital service, in accordance with rules and
regulations adopted by the Department of Public Health, to
all alleged sexual assault survivors who apply for such
hospital emergency services in relation to injuries or trauma
resulting from the sexual assault.
In addition every such hospital, regardless of whether or
not a request is made for reimbursement, except hospitals
participating in community or area wide plans in compliance
with Section 4 of this Act, shall submit to the Department of
Public Health a plan to provide hospital emergency services
to alleged sexual assault survivors which shall be made
available by such hospital. Such plan shall be submitted
within 60 days of receipt of the Department's request for
this plan, to the Department of Public Health for approval
prior to such plan becoming effective. The Department of
Public Health shall approve such plan for emergency service
to alleged sexual assault survivors if it finds that the
implementation of the proposed plan would provide adequate
hospital emergency service for alleged sexual assault
survivors and provide sufficient protections from the risk of
pregnancy by sexual assault survivors.
The Department of Public Health shall periodically
conduct on site reviews of such approved plans with hospital
personnel to insure that the established procedures are being
followed.
(Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.)
(410 ILCS 70/2.2 new)
Sec. 2.2. Emergency contraception.
(a) The General Assembly finds:
(1) Crimes of sexual violence cause significant
physical, emotional, and psychological trauma to the
victims. This trauma is compounded by a victim's fear of
becoming pregnant and bearing a child as a result of the
sexual assault.
(2) Each year over 32,000 women become pregnant in
the United States as the result of rape and approximately
50% of these pregnancies end in abortion.
(3) As approved for use by the Federal Food and
Drug Administration (FDA), emergency contraception can
significantly reduce the risk of pregnancy if taken
within 72 hours after the sexual assault.
(4) By providing emergency contraception to rape
victims in a timely manner, the trauma of rape can be
significantly reduced.
(b) Within 120 days after the effective date of this
amendatory Act of the 92nd General Assembly, every hospital
providing services to alleged sexual assault survivors in
accordance with a plan approved under Section 2 must develop
a protocol that ensures that each survivor of sexual assault
will receive medically and factually accurate and written and
oral information about emergency contraception; the
indications and counter-indications and risks associated with
the use of emergency contraception; and a description of how
and when victims may be provided emergency contraception upon
the written order of a physician licensed to practice
medicine in all its branches. The Department shall approve
the protocol if it finds that the implementation of the
protocol would provide sufficient protection for survivors of
an alleged sexual assault.
The hospital shall implement the protocol upon approval
by the Department. The Department shall adopt rules and
regulations establishing one or more safe harbor protocols
and setting minimum acceptable protocol standards that
hospitals may develop and implement. The Department shall
approve any protocol that meets those standards. The
Department may provide a sample acceptable protocol upon
request.
Section 99. Effective date. This Act takes effect on
January 1, 2002.
Passed in the General Assembly May 03, 2001.
Approved July 25, 2001.
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