Short Title
Short Title. This Act shall be known and may be cited as the "Sexual Assault Survivors Emergency Treatment Act". (Source: P.A. 85-577.)
Illinois · statute · 410 ILCS 70 · 23 active provisions
Short Title. This Act shall be known and may be cited as the "Sexual Assault Survivors Emergency Treatment Act". (Source: P.A. 85-577.)
Definitions. (a) In this Act: "Acute sexual assault" means a sexual assault that has recently occurred. For patients under the age of 13, "acute sexual assault" means a sexual assault that has occurred within the past 72 hours. For patients 13 years old or older, "acute sexual assault" means a sexual assault that has o…
Hospital and approved pediatric health care facility requirements for sexual assault plans. (a) Every hospital required to be licensed by the Department pursuant to the Hospital Licensing Act, or operated under the University of Illinois Hospital Act that provides general medical and surgical hospital services shall pr…
Department requirements. (a) The Department shall periodically conduct on-site reviews of approved sexual assault treatment plans with hospital and approved pediatric health care facility personnel to ensure that the established procedures are being followed. Department personnel conducting the on-site reviews shall at…
Consent to jurisdiction. (a) A pediatric health care facility that submits a plan to the Department for approval under Section 2 or an out-of-state hospital that submits an areawide treatment plan in accordance with subsection (b) of Section 5.4 consents to the jurisdiction and oversight of the Department, including, b…
Emergency contraception. (a) The General Assembly finds: (1) Crimes of sexual assault and sexual abuse 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 ov…
Areawide sexual assault treatment plans; submission. (a) Hospitals and approved pediatric health care facilities in the area to be served may develop and participate in areawide plans that shall describe the medical forensic examinations to sexual assault survivors that each participating hospital and approved pediatri…
Minimum requirements for medical forensic examinations provided to sexual assault survivors by hospitals and approved pediatric health care facilities. (a) Every hospital and approved pediatric health care facility providing medical forensic examinations to acute sexual assault survivors under this Act shall, as minimu…
Storage, retention, and dissemination of photo documentation relating to medical forensic examinations. (a) Photo documentation taken during a medical forensic examination shall be maintained by the hospital or approved pediatric health care facility as part of the patient's medical record. Photo documentation shall be…
(Text of Section from P.A. 104-371) Sec. 5.2. Sexual assault services voucher. (a) A sexual assault services voucher shall be issued by a treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility at the time a sexual assault survivor receives medical forensic se…
Pediatric sexual assault care. (a) The General Assembly finds: (1) Pediatric sexual assault survivors can suffer from a wide range of health problems across their life span. In addition to immediate health issues, such as sexually transmitted infections, physical injuries, and psychological trauma, child sexual abuse v…
Out-of-state hospitals. (a) Nothing in this Section shall prohibit the transfer of a patient in need of medical services from a hospital that has been designated as a trauma center by the Department in accordance with Section 3.90 of the Emergency Medical Services (EMS) Systems Act. (b) A transfer hospital, treatment h…
Minimum reimbursement requirements for follow-up healthcare. (a) Every hospital, pediatric health care facility, health care professional, laboratory, or pharmacy that provides follow-up healthcare to a sexual assault survivor, with the consent of the sexual assault survivor and as ordered by the attending physician, a…
Minimum standards. (a) The Department shall prescribe minimum standards, rules, and regulations necessary to implement this Act and the changes made by this amendatory Act of the 100th General Assembly, which shall apply to every hospital required to be licensed by the Department that provides general medical and surgi…
Assistance and grants. (a) The Department shall assist in the development and operation of programs which provide medical forensic examinations to sexual assault survivors, and, where necessary, to provide grants to hospitals and approved pediatric health care facilities for this purpose. (b) This Section is effective…
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 sex…
Written consent to the release of sexual assault evidence for testing. (a) Upon the completion of a medical forensic examination, the health care professional providing the medical forensic examination shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assa…
Submission of sexual assault evidence. (a) As soon as practicable, but in no event more than 4 hours after the completion of a medical forensic examination, the hospital or approved pediatric health care facility shall make reasonable efforts to determine the law enforcement agency having jurisdiction where the sexual…
Reimbursement. (a) A hospital, approved pediatric health care facility, or health care professional furnishing medical forensic examinations, medical care and treatment as defined by 77 Ill. Adm. Code Part 545, an ambulance provider furnishing transportation to a sexual assault survivor, a hospital, health care profess…
Prohibition on billing sexual assault survivors directly for certain services; written notice; billing protocols. (a) A hospital, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy furnishing a medical forensic examination, medical care and treatment as define…
Violations and penalties. (a) The Department shall implement a complaint system through which the Department may receive complaints of violations of this Act. The Department may use an existing complaint system to fulfill the requirements of this Section. (b) The Department may work with the Attorney General to verify…
Sexual Assault Nurse Examiner Program. (a) The Sexual Assault Nurse Examiner Program is established within the Office of the Attorney General. (b) By March 1, 2019, the Sexual Assault Nurse Examiner Program shall develop and make available to hospitals 2 hours of online sexual assault training for emergency department…
Qualified medical provider list; Sexual Assault Nurse Examiner and Sexual Assault Forensic Examiner qualifications. (a) The Office of the Attorney General shall maintain a list of qualified medical providers, which includes health care professionals who have been qualified by the Sexual Assault Nurse Examiner Program C…