SB 557 — SEXUAL ASSAULT SURVIVORS

"Recycling"(1) is further defined to include only those pounds of discarded carpet that are an outputact of asexual recyclingconduct; facility destined for an end market or reuse and is not meant to mean the gross input pounds of discarded carpet accepted by a recycling facility.

"Recycling"as doesused notin includethis energyparagraph, recovery"sexual orconduct" energyhas generationthe bymeaning meansprovided ofunder combustingSection discarded11-0.1 carpet, and it does SB0557 Engrossed - 5 - LRB101 04318 RLC 49326 b not include any disposal or use of discarded carpet within the permittedCriminal boundariesCode of a2012; municipal solid waste landfill unit.

"Recycling rate" means the percentage of discarded carpet that is managed through recycling or reuse,(2) asany definedact by this Act, and is computed by dividing the amount of discardedsexual carpetpenetration; that is collected and recycled or reused by the total amount of discarded carpet that is generated over a program year.

Toas determineused thein annualthis recyclingparagraph, rates"sexual requiredpenetration" byhas thisthe Actmeaning theprovided amountunder ofSection discarded11-0.1 carpetof generatedthe shallCriminal beCode calculatedof using2012 anand industryincludes, standardwithout calculationlimitation, basedacts onprohibited annualunder sales,Sections replacement11-1.20 rate,through and11-1.60 of the averageCriminal weightCode of carpet.2012.

"Retailer""Sexual assault forensic examiner" means anya personphysician engagedor inphysician assistant who has completed training that meets or is substantially similar to the businessSexual ofAssault makingNurse salesExaminer atSB0557 retailEnrolled that- generate6 occupation- orLRB101 use04318 taxRLC revenue.49326 b Education Guidelines established by the International Association of Forensic Nurses.

"Reuse""Sexual assault nurse examiner" means donatingan advanced practice registered nurse or sellingregistered aprofessional discardednurse carpetwho backhas intocompleted thea marketsexual forassault itsnurse originalexaminer intendedtraining use,program whenthat meets the discardedSexual carpetAssault retainsNurse itsExaminer originalEducation purposeGuidelines andestablished performanceby characteristics.the International Association of Forensic Nurses.

"Sale""Sexual orassault "sell"services voucher" means a transferdocument ofgenerated titleby a hospital or approved pediatric health care facility at the time the sexual assault survivor receives outpatient medical forensic services that may be used to carpetseek payment for consideration,any includingambulance aservices, remotemedical saleforensic conductedservices, throughlaboratory aservices, salespharmacy outlet,services, catalog,and website,follow-up orhealthcare similarprovided electronicas means.a result of the sexual assault.

"Sale""Sexual orassault "sell"survivor" includesmeans a leaseperson throughwho whichpresents carpetfor ismedical providedforensic services in relation to ainjuries consumeror bytrauma aresulting producer,from distributor,a orsexual retailer.assault.

"Stewardship"Sexual assessment"assault meanstransfer theplan" amountmeans addeda towritten theplan purchasedeveloped priceby ofa carpethospital sold in this State that is necessary to cover the cost of collecting, transporting, processing and SB0557approved Engrossed - 6 - LRB101 04318 RLC 49326 b marketing discarded carpet by the clearinghouseDepartment, pursuantwhich todescribes the clearinghousehospital's plan,procedures andfor shalltransferring notsexual beassault usedsurvivors to payanother forhospital, anyand finesan orapproved penaltiespediatric leviedhealth pursuantcare tofacility, thisif Actapplicable, orin fororder theto finalreceive disposalmedical orforensic incinerationservices. of discarded carpet.

"Wool"Sexual carpet"assault treatment plan" means carpeta madewritten plan that describes the procedures and protocols for providing medical SB0557 Enrolled - 7 - LRB101 04318 RLC 49326 b forensic services to sexual assault survivors who present themselves for such services, either directly or through transfer from wool.a hospital or an approved pediatric health care facility.

Section"Transfer 15.hospital" means a hospital with a sexual assault transfer plan approved by the Department.

Formation,"Transfer dutiesservices" means the appropriate medical screening examination and powersnecessary ofstabilizing treatment prior to the clearinghouse.transfer of a sexual assault survivor to a hospital or an approved pediatric health care facility that provides medical forensic services to sexual assault survivors pursuant to a sexual assault treatment plan or areawide sexual assault treatment plan.

(a)"Treatment Tohospital" administermeans a hospital with a sexual assault treatment plan approved by the carpetDepartment stewardshipto programprovide medical forensic services to all sexual assault survivors who present with a clearinghousecomplaint shallof besexual created,assault andwithin shalla consistminimum of the followinglast members,7 todays beor appointedwho have disclosed past sexual assault by a specific individual and were in the Directorcare of that individual within a minimum of the Agency:last 7 days.

(1)"Treatment twohospital individualswith approved pediatric transfer" means a hospital with a treatment plan approved by the Department to provide medical forensic services to sexual assault survivors 13 years old or older who arepresent representativeswith a complaint of sexual assault within a statewideminimum associationof representingthe retailers;last 7 days or who have disclosed past sexual assault by a specific SB0557 Enrolled - 8 - LRB101 04318 RLC 49326 b individual and were in the care of that individual within a minimum of the last 7 days.

(2)(b) twoThis individualsSection whois areeffective representativeson ofand carpetafter producers;July 1, 2021.

(3)(Source: one individual who is a representative of a national association representing manufacturers of carpet;

(4)P.A. two individuals who are representatives of carpet recyclers;

(5)100-513, twoeff. individuals who are representatives of a statewide association representing waste disposal companies;

(6)1-1-18; two individuals who are representatives of environmental organizations;

(7)100-775, twoeff. individuals who are representatives of county SB0557 Engrossed - 7 - LRB101 04318 RLC 49326 b or municipal joint action agency waste management programs;

(8)1-1-19; one individual who is a representative of a company that utilizes discarded carpet to manufacture a new product, not including new carpet;

and101-81, (9)eff. one individual who is a representative of an association representing installers of carpet.

(b)7-12-19.) Members(410 ofILCS the70/1a-1 clearinghousenew) shallSec. serve without compensation but shall be reimbursed for travel expenses with proceeds from the stewardship assessment, and the Agency shall be responsible for monitoring these expenses.

Members1a-1. shall serve on the clearinghouse until a successor is appointed and qualified.

(c)Definitions. The clearinghouse's duties include, but are not limited to:

(1)(a) preparingIn the clearinghouse plan, and any required amendments, on an annual basis in compliance with this Act;Act:

(2)"Advanced implementingpractice registered nurse" has the clearinghousemeaning plan;provided in Section 50-10 of the Nurse Practice Act.

(3)"Ambulance creatingprovider" andmeans administeringan aindividual grantor programentity tothat assistowns inand subsidizingoperates thea costsbusiness toor collect,service process,using ambulances or marketemergency discardedmedical carpetservices forvehicles reuseto ortransport recycling;emergency patients.

(4)"Approved beingpediatric responsiblehealth forcare meetingfacility" means a health care facility, other than a hospital, with a sexual assault treatment plan approved by the performanceDepartment goalsto specifiedprovide medical forensic services to pediatric sexual assault survivors who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by thisa Act;specific individual and were in the care of that individual within a minimum of the last 7 days.

(5)"Approved submittingfederally annualqualified programhealth reportscenter" means a facility as requireddefined in Section 1905(l)(2)(B) of the federal Social Security Act with a sexual assault treatment plan SB0557 Enrolled - 9 - LRB101 04318 RLC 49326 b approved by thisthe Act;Department to provide medical forensic services to sexual assault survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days.

(6)"Areawide recommendingsexual toassault thetreatment Agencyplan" inmeans thea annualplan, SB0557developed Engrossedby -hospitals 8or -by LRB101hospitals, 04318approved RLCpediatric 49326health bcare clearinghousefacilities, planand anyapproved increasesfederally orqualified decreaseshealth centers in a community or area to be served, which provides for medical forensic services to sexual assault survivors that shall be made available by each of the stewardshipparticipating assessment;hospitals and approved pediatric health care facilities.

and"Board-certified (7)child overseeingabuse anpediatrician" annualmeans audita ofphysician thecertified carpetby stewardshipthe program'sAmerican revenuesBoard andof expenditures,Pediatrics andin reportingchild thoseabuse findingspediatrics. to the Agency.

(d)"Board-eligible Thechild clearinghouseabuse maypediatrician" hiremeans a directorphysician andwho necessaryhas staff,completed andthe mayrequirements organizeset itselfforth intoby committeesthe toAmerican implementBoard thisof Act,Pediatrics whichto shalltake bethe fundedexamination byfor thecertification stewardshipin assessment.child abuse pediatrics.

The"Department" Agencymeans shallthe monitorDepartment theseof expenses.Public Health.

Section"Emergency 20.contraception" means medication as approved by the federal Food and Drug Administration (FDA) that can significantly reduce the risk of pregnancy if taken within 72 hours after sexual assault.

CarpetSB0557 stewardshipEnrolled program- and10 sale- requirement.LRB101 04318 RLC 49326 b "Federally qualified health center" means a facility as defined in Section 1905(l)(2)(B) of the federal Social Security Act that provides primary care or sexual health services.

(a)"Follow-up Forhealthcare" allmeans carpethealthcare soldservices inrelated thisto State,a producerssexual shall,assault, throughincluding thelaboratory clearinghouse,services implement and financepharmacy aservices, statewiderendered carpetwithin stewardship90 programdays that:of the initial visit for medical forensic services.

manages"Health carpetcare byprofessional" reducingmeans itsa wastephysician, generation;a physician assistant, a sexual assault forensic examiner, an advanced practice registered nurse, a registered professional nurse, a licensed practical nurse, or a sexual assault nurse examiner.

promotes"Hospital" itsmeans recyclinga hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act, any outpatient center included in the hospital's sexual assault treatment plan where hospital employees provide medical forensic services, and reuse;an out-of-state hospital that has consented to the jurisdiction of the Department under Section 2.06-1.

and"Illinois providesState forPolice negotiationSexual andAssault executionEvidence Collection Kit" means a prepackaged set of agreementsmaterials toand collect,forms transport,to process,be orused marketfor the discardedcollection carpetof forevidence end-of-liferelating recyclingto orsexual reuse.assault.

(b)The Onstandardized andevidence aftercollection Januarykit 1, 2021, a producer, distributor, or retailer that offers carpet for salethe in this State isof notIllinois inshall compliancebe with this Act and is subject to penalties under Section 70 if the carpetIllinois isState notPolice subjectSexual toAssault theEvidence clearinghouseCollection planKit. that is submitted by the clearinghouse and approved by the Agency under Section 30.

"Law enforcement agency having jurisdiction" means the law enforcement agency in the jurisdiction where an alleged sexual SB0557 EngrossedEnrolled - 911 - LRB101 04318 RLC 49326 b Sectionassault 25.or sexual abuse occurred.

Clearinghouse"Licensed plan.practical nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act.

(a)"Medical Byforensic Julyservices" 1,means 2020health andcare bydelivered Julyto 1patients everywithin 3or yearsunder thereafter,the beginningcare withand programsupervision yearof 2021,personnel theworking clearinghousein shalla submitdesignated emergency department of a 3-yearhospital, planapproved topediatric thehealth Agencycare andfacility, receiveor approvalan ofapproved thefederally plan.qualified health centers.

The"Medical clearinghouseforensic planservices" shallincludes, include,but atis not limited to, taking a minimum,medical eachhistory, performing photo documentation, performing a physical and anogenital examination, assessing the patient for evidence collection, collecting evidence in accordance with a statewide sexual assault evidence collection program administered by the Department of State Police using the following:Illinois State Police Sexual Assault Evidence Collection Kit, if appropriate, assessing the patient for drug-facilitated or alcohol-facilitated sexual assault, providing an evaluation of and care for sexually transmitted infection and human immunodeficiency virus (HIV), pregnancy risk evaluation and care, and discharge and follow-up healthcare planning.

(1)"Pediatric Certificationhealth thatcare thefacility" carpetmeans stewardshipa programclinic will accept for collection all discarded carpet, regardless of type or whichphysician's produceroffice manufacturedthat theprovides productmedical andservices itsto individualpediatric components.patients.

(2)"Pediatric Contactsexual informationassault forsurvivor" eachmeans individuala representingperson under the clearinghouse,age designation of a13 programwho managerpresents responsible for administeringmedical theforensic programservices in thisSB0557 State,Enrolled a- list12 of- allLRB101 producers04318 participatingRLC in49326 theb carpetrelation stewardshipto program,injuries andor thetrauma brandsresulting coveredfrom bya thesexual productassault. stewardship program.

(3)"Photo Adocumentation" descriptionmeans ofdigital thephotographs methodsor bycolposcope whichvideos discardedstored carpet will be collected in this State with no charge to any person, including an explanation of how the collection system will be convenient and adequatebacked toup servesecurely the needs of businesses and residents in both urban and rural areas on an ongoing basis and how the stewardshiporiginal groupfile willformat. achieve a convenience standard of having collection sites in all counties with a population density of greater than or equal to 100 individuals per square mile in this State by January 1, 2021 for program year 2021, and all counties SB0557 Engrossed - 10 - LRB101 04318 RLC 49326 b with a population density of greater than or equal to 50 individuals per square mile for program year 2022 and thereafter.

(4)"Physician" Anmeans evaluation,a beginningperson withlicensed the second 3-year plan submitted by July 1, 2023, of the feasibility and cost of expanding the convenience standard to atpractice leastmedicine one collection site in everyall countyits inbranches. the State.

(5)"Physician Aassistant" descriptionhas ofthe howmeaning theprovided adequacyin Section 4 of the collectionPhysician programAssistant willPractice beAct monitored,of evaluated,1987. and maintained.

(6)"Prepubescent Thesexual namesassault survivor" means a female who is under the age of 18 years and locationshas not had a first menstrual cycle or a male who is under the age of collectors,18 transporters,years and processorshas not started to develop secondary sex characteristics who willpresents managefor discardedmedical carpet.forensic services in relation to injuries or trauma resulting from a sexual assault.

(7)"Qualified Amedical descriptionprovider" ofmeans howa theboard-certified discardedchild carpetabuse andpediatrician, theboard-eligible products'child componentsabuse willpediatrician, bea safelysexual andassault securelyforensic transported,examiner, tracked,or anda handledsexual fromassault collectionnurse throughexaminer finalwho recyclinghas access to photo documentation tools, and processing.who participates in peer review.

(8)"Registered AProfessional descriptionNurse" ofhas the methodsmeaning toprovided bein usedSection to50-10 reuse,of deconstruct, or recycle discarded carpet to ensure that the products'Nurse components,Practice toAct. the extent feasible, are transformed or remanufactured into finished products for use.

(9)"Sexual Aassault" descriptionmeans: of the methods to be used to manage or dispose of discarded carpet that cannot be recycled or reused.

(10)(1) Aan descriptionact of thesexual promotionconduct; and outreach activities and proposed budget that will be used to SB0557 Engrossed - 11 - LRB101 04318 RLC 49326 b encourage participation in the collection and recycling programs and how the activities' effectiveness will be evaluated and the program modified, if necessary.

(11)as Evidenceused ofin adequatethis insuranceparagraph, and"sexual financialconduct" assurancehas thatthe maymeaning beprovided requiredunder forSection collection,11-0.1 handling,of andthe disposalCriminal operations.Code of 2012;

(12)or A(2) 3-yearany rollingact performance goal, including an estimate of thesexual percentagepenetration; of discarded carpet that will be collected, reused, and recycled during each of the next 3 years of the stewardship plan, with a minimum goal of achieving a 15% recycling rate by December 31, 2023.

Theas performanceused goalsin shallthis includeSB0557 aEnrolled specific- goal13 for- LRB101 04318 RLC 49326 b paragraph, "sexual penetration" has the amountmeaning ofprovided discardedunder carpetSection that11-0.1 willof bethe collected,Criminal recycled,Code of 2012 and reusedincludes, duringwithout eachlimitation, yearacts prohibited under Sections 11-1.20 through 11-1.60 of the plan.Criminal Code of 2012.

The"Sexual performanceassault goalsforensic mustexaminer" bemeans baseda on:physician or physician assistant who has completed training that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses.

(A)"Sexual assault nurse examiner" means an advanced practice registered nurse or registered professional nurse who has completed a sexual assault nurse examiner training program that meets the mostSexual recentAssault collectionNurse dataExaminer availableEducation forGuidelines thisestablished State;by the International Association of Forensic Nurses.

(B)"Sexual assault services voucher" means a document generated by a hospital or approved pediatric health care facility at the estimatedtime amountthe ofsexual discardedassault carpetsurvivor disposedreceives outpatient medical forensic services that may be used to seek payment for any ambulance services, medical forensic services, laboratory services, pharmacy services, and follow-up healthcare provided as a result of annually;the sexual assault.

(C)"Sexual theassault weightsurvivor" ofmeans thea discardedperson carpetwho thatpresents isfor expectedmedical forensic services in relation to beinjuries availableor fortrauma collectionresulting annually;from a sexual assault.

SB0557 Enrolled - 14 - LRB101 04318 RLC 49326 b "Sexual assault transfer plan" means a written plan developed by a hospital and (D)approved actualby collectionthe dataDepartment, fromwhich otherdescribes existingthe carpethospital's stewardshipprocedures programs.for transferring sexual assault survivors to another hospital, and an approved pediatric health care facility, if applicable, in order to receive medical forensic services.

The"Sexual clearinghouseassault treatment plan" means a written plan mustthat statedescribes the methodologyprocedures usedand protocols for providing medical forensic services to determinesexual theseassault goals.survivors who present themselves for such services, either directly or through transfer from a hospital or an approved pediatric health care facility.

By"Transfer Marchhospital" 1,means 2023,a thehospital Agency, in consultation with the clearinghouse, shall establish a SB0557sexual Engrossedassault -transfer 12plan -approved LRB101by 04318 RLC 49326 b recycling rate goal for the 3-yearDepartment. plan period beginning January 1, 2024.

Thereafter,"Transfer services" means the Agency,appropriate inmedical consultationscreening withexamination and necessary stabilizing treatment prior to the clearinghouse,transfer shallof establisha sexual assault survivor to a recyclinghospital rateor goalan forapproved eachpediatric subsequenthealth 3-yearcare planfacility periodthat byprovides Marchmedical 1forensic ofservices theto calendarsexual yearassault precedingsurvivors thepursuant firstto yeara ofsexual thatassault 3-yeartreatment plan period.or areawide sexual assault treatment plan.

(13)"Treatment Ahospital" discussionmeans ofa hospital with a sexual assault treatment plan approved by the statusDepartment to provide medical forensic services to all sexual assault survivors who present with a complaint of endsexual marketsassault forwithin discardeda carpetminimum andof what,the iflast any,7 additionaldays endor marketswho arehave neededdisclosed topast improvesexual assault by a specific SB0557 Enrolled - 15 - LRB101 04318 RLC 49326 b individual and were in the functioningcare of that individual within a minimum of the program.last 7 days.

(14)"Treatment Ahospital discussionwith ofapproved carpetpediatric designtransfer" andmeans manufacturinga changeshospital thatwith thea producerstreatment areplan consideringapproved orby havethe implementedDepartment into orderprovide medical forensic services to reducesexual toxicity,assault watersurvivors use,13 years old or energyolder usewho associatedpresent with thea productioncomplaint of carpetsexual andassault effortswithin toa increaseminimum of the recycledlast content,7 recyclability,days or carpetwho longevity.have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days.

(15)(b) AThis funding mechanism consistent with Section 35is thatrepealed demonstrateson sufficientJune funding30, to2021. carry out the plan, including the administrative, operational, and capital costs of the plan, and payment of incentive payments to carpet collectors, processors, and end use markets to assist with the implementation of this Act.

(16)(410 AnnualILCS budgets70/2) showing(from revenueCh. and expenditure projections for the current program year and projected for the next 2 years of the program.

(17)111 A1/2, processpar. by which the financial activities of the clearinghouse that are related to the implementation of the SB0557 Engrossed - 13 - LRB101 04318 RLC 49326 b plan shall be subject to an annual independent audit, which shall be reviewed by the Agency.

(18)87-2) AnSec. evaluation of the feasibility and effectiveness of a ban on landfilling discarded carpet in this State, and an opinion on whether to recommend a landfill ban.

(19)2. Baseline information, for the most current year for which data is available, on the amount of square feet and pounds of carpet sold in this State, by type of polymer or non-polymer material used to make the carpet.

(20)Hospital A discussion of the feasibility, cost, and effectivenessapproved ofpediatric labelinghealth thecare backsidefacility ofrequirements newfor carpetsexual withassault theplans. polymer type or non-polymer material used to manufacture the carpet to assist processors in more easily identifying the type of discarded carpet collected for processing.

(21)(a) AEvery descriptionhospital ofrequired to be licensed by the programDepartment pursuant to the Hospital Licensing Act, or operated under the University of Illinois Hospital Act that provides general medical and surgical hospital services shall beprovide implementedeither (i) transfer services to trainall carpetsexual installersassault onsurvivors, how(ii) medical forensic services to properlyall managesexual discardedassault carpetsurvivors, soor that(iii) ittransfer canservices beto reusedpediatric orsexual recycledassault pursuantsurvivors and medical forensic services to thissexual Act.assault survivors 13 years old or older, in accordance with rules adopted by the Department.

(b)In Anaddition, updateevery such hospital, regardless of whether or SB0557 Enrolled - 16 - LRB101 04318 RLC 49326 b not a request is made for reimbursement, shall submit to the Department a plan shallto beprovide submitted,either at(i) atransfer minimum,services everyto 3all years,sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or if(iii) thetransfer Agencyservices determinesto thatpediatric asexual planassault updatesurvivors isand needed,medical priorforensic services to thesexual minimumassault ofsurvivors once13 everyyears 3old years.or older.

IfThe theDepartment Agencyshall determinesapprove thatsuch a plan updatefor iseither necessary,(i) suchtransfer updateservices shallto beall submittedsexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, if it finds that the Agencyimplementation byof the clearinghouseproposed withinplan 30would daysprovide of(i) receivingtransfer noticeservices fromor (ii) medical forensic services for sexual assault survivors in accordance with the Agencyrequirements of thethis update'sAct SB0557and Engrossedprovide -sufficient 14protections -from LRB101the 04318risk RLCof 49326pregnancy bto necessity.sexual assault survivors.

(c)Notwithstanding Theanything clearinghouseto shallthe notifycontrary thein Agencythis withinparagraph, 30the daysDepartment ofmay anyapprove significanta changessexual orassault modificationstransfer toplan for the planprovision orof itsmedical implementation.forensic services until January 1, 2022 if:

Within(1) 30a daystreatment hospital with approved pediatric transfer has agreed, as part of an areawide treatment plan, to accept sexual assault survivors 13 years of age or older from the notification,proposed atransfer writtenhospital, planif revisionthe shalltreatment behospital submittedwith approved pediatric transfer is geographically closer to the Agencytransfer forhospital reviewthan a SB0557 Enrolled - 17 - LRB101 04318 RLC 49326 b treatment hospital or another treatment hospital with approved pediatric transfer and approval.such transfer is not unduly burdensome on the sexual assault survivor;

Sectionand 30.(2) a treatment hospital has agreed, as a part of an areawide treatment plan, to accept sexual assault survivors under 13 years of age from the proposed transfer hospital and transfer to the treatment hospital would not unduly burden the sexual assault survivor.

ReviewThe andDepartment approvalmay not approve a sexual assault transfer plan unless a treatment hospital has agreed, as a part of an areawide treatment plan, to accept sexual assault survivors from the clearinghouseproposed plantransfer hospital and plana updates.transfer to the treatment hospital would not unduly burden the sexual assault survivor.

(a)In Withincounties 14with daysa population of receiptless ofthan 1,000,000, the clearinghouseDepartment plan,may thenot Agencyapprove shalla postsexual theassault transfer plan orfor a hospital located within a 20-mile radius of a 4-year public university, not including community colleges, unless there is a treatment hospital with a sexual assault treatment plan updateapproved onby itsthe website.Department within a 20-mile radius of the 4-year public university.

WithinA 30transfer daysmust ofbe itsin postingaccordance onwith thefederal Agencyand website, any interested person living within the State oflaws Illinois may provide written comments to the clearinghouse regarding the plan or plan update and thoselocal commentsordinances. shall be responded to by the clearinghouse within 30 days after receipt of the comments.

(b)A Withintreatment 90hospital dayswith afterapproved receiptpediatric oftransfer themust proposedsubmit planan orareawide treatment plan update,under andSection not3 priorof tothis theAct publicthat commentincludes opportunitya providedwritten inagreement subsectionwith (a),a thetreatment Agencyhospital shallSB0557 determineEnrolled whether- 18 - LRB101 04318 RLC 49326 b stating that the plantreatment orhospital planwill updateprovide compliesmedical forensic services to pediatric sexual assault survivors transferred from the treatment hospital with Sectionapproved 25.pediatric transfer.

IfThe theareawide Agencytreatment approves a plan ormay planalso update,include thean Agencyapproved shallpediatric notifyhealth thecare clearinghousefacility. of the plan approval in writing within 14 days of receipt.

IfA thetransfer Agencyhospital rejectsmust asubmit planan orareawide treatment plan update,under theSection Agency3 shallof notifythis theAct clearinghousethat inincludes writinga ofwritten theagreement reasonswith fora rejectingtreatment hospital stating that the plantreatment withinhospital 14will daysprovide ofmedical receipt.forensic services to all sexual assault survivors transferred from the transfer hospital.

The clearinghouseareawide shalltreatment submit a revised plan tomay thealso Agencyinclude withinan SB0557approved Engrossedpediatric -health 15care -facility. LRB101 04318 RLC 49326 b 60 days after receiving notice of rejection.

AnyNotwithstanding proposedanything changes to athe plancontrary orin this paragraph, until January 1, 2022, the areawide treatment plan updatemay mustinclude bea written agreement with a treatment hospital with approved bypediatric transfer that is geographically closer than other hospitals providing medical forensic services to sexual assault survivors 13 years of age or older stating that the Agencytreatment inhospital writing.with approved pediatric transfer will provide medical services to sexual assault survivors 13 years of age or older who are transferred from the transfer hospital.

(c)If Thethe clearinghouseareawide treatment plan andincludes plana updateswritten agreement with a treatment hospital with approved bypediatric thetransfer, Agencyit shallmust bealso placedinclude ona thewritten Agency'sagreement websitewith anda madetreatment availablehospital atstating that the Agency'streatment headquartershospital forwill publicprovide reviewmedical withinforensic 30services daysto sexual assault survivors under 13 years of age who are transferred from the Agency'stransfer approval.hospital.

SB0557 Enrolled - 19 - LRB101 04318 RLC 49326 b Beginning January 1, 2019, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 35.1a of this Act, receive a minimum of 2 hours of sexual assault training by July 1, 2020 or until the treatment hospital or treatment hospital with approved pediatric transfer certifies to the Department, in a form and manner prescribed by the Department, that it employs or contracts with a qualified medical provider in accordance with subsection (a-7) of Section 5, whichever occurs first.

CarpetAfter stewardshipJuly assessment.1, 2020 or once a treatment hospital or a treatment hospital with approved pediatric transfer certifies compliance with subsection (a-7) of Section 5, whichever occurs first, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a of this Act, receive a minimum of 2 hours of continuing education on responding to sexual assault survivors every 2 years.

(a)Protocols Onfor andtraining after January 1, 2020, a producer of carpet shall addbe aincluded carpetin stewardship assessment fee of 4 cents per square foot to the purchasehospital's pricesexual ofassault nylontreatment carpet,plan. polypropylene carpet, and wool carpet, and 6 cents per square foot to the purchase price of PET carpet, PTT carpet, and blended carpet sold in this State by that producer.

TheSB0557 assessmentEnrolled added- 20 - LRB101 04318 RLC 49326 b Sexual assault training provided under this Sectionsubsection shallmay be remittedprovided byin theperson produceror ononline aand quarterlyshall basisinclude, tobut thenot clearinghouse.be limited to:

(b)(1) Notwithstandinginformation anyprovided provisionon of law to the contrary,provision the assessment established under this Section is exempt from taxes imposed by the Illinois Department of Revenuemedical andforensic shallservices; meet both of the following requirements:

(1)(2) Theinformation assessmenton shall be added by the produceruse toof the purchase price of all carpet sold by producers to an Illinois retailerSexual orAssault distributorEvidence orCollection otherwiseKit; sold for use in this State.

The(3) assessmentinformation shall be clearly visible on allsexual invoicesassault orepidemiology, functionallyneurobiology equivalentof billingtrauma, documentsdrug-facilitated SB0557sexual Engrossedassault, -child 16sexual -abuse, LRB101 04318 RLC 49326 b as a separate line item and shallIllinois besexual accompaniedassault-related bylaws; a brief description of the assessment.

(2) Each retailer and distributor(4) shallinformation addon the assessmenthospital's tosexual theassault-related purchasepolicies priceand ofprocedures. all carpet sold in this State.

The assessmentonline shalltraining bemade clearlyavailable visibleby onthe allOffice invoicesof orthe functionallyAttorney equivalentGeneral billingunder documentssubsection as(b) aof separateSection line10 itemmay and shall be accompaniedused byto acomply briefwith descriptionthis ofsubsection. the assessment.

(c)(b) ItAn isapproved thepediatric intenthealth ofcare thefacility Generalmay Assemblyprovide thatmedical theforensic amountservices, ofin theaccordance assessmentwith feerules beadopted reduced by the clearinghouseDepartment, asto theall carpetpediatric stewardshipsexual programassault issurvivors implementedwho overpresent timefor andmedical becomesforensic moreservices efficient.in relation to injuries or trauma resulting from a sexual assault.

(d)These Ifservices theshall amount of the assessment is too low to properly fund the carpet stewardship program, the clearinghouse may submit a plan update, which must be approvedprovided by thea Agency,qualified inmedical accordanceprovider. with Section 30, prior to the fee being increased.

(e)A Thepediatric assessmenthealth shallcare befacility loweredmust ifparticipate atin anyor timesubmit thean feeareawide generatestreatment aplan fundunder balanceSection at3 the end of athis programAct year that isincludes greatera thantreatment onehospital. year's operating costs of the carpet stewardship program.

If a fundpediatric balancehealth greatercare thanfacility onedoes year'snot operatingprovide costcertain ismedical reached,or surgical services SB0557 Enrolled - 21 - LRB101 04318 RLC 49326 b that are provided by hospitals, the clearinghouseareawide shallsexual submitassault atreatment plan updatemust toinclude reducea theprocedure assessmentfor ensuring a sexual assault survivor in accordanceneed withof Sectionsuch 30.medical or surgical services receives the services at the treatment hospital.

(f) The assessmentareawide feetreatment shallplan bemay depositedalso byinclude thea clearinghousetreatment intohospital anwith Illinoisapproved charteredpediatric bank,transfer. and if for any reason this Act is repealed, the entire assessment fund balance SB0557 Engrossed - 17 - LRB101 04318 RLC 49326 b shall be transferred by the clearinghouse to the State of Illinois to be deposited into the Solid Waste Management Fund.

SectionThe 40.Department shall review a proposed sexual assault treatment plan submitted by a pediatric health care facility within 60 days after receipt of the plan.

StateIf actionthe antitrustDepartment exemption.finds that the proposed plan meets the minimum requirements set forth in Section 5 of this Act and that implementation of the proposed plan would provide medical forensic services for pediatric sexual assault survivors, then the Department shall approve the plan.

EachIf producer and the clearinghouseDepartment shalldoes benot immuneapprove froma liabilityplan, forthen anythe claimDepartment ofshall violationnotify of antitrust law or unfair trade practice if the conductpediatric ishealth acare violationfacility ofthat antitrust law, to the extentproposed theplan producerhas ornot clearinghousebeen isapproved. exercising authority under the provisions of this Act.

SectionThe 45.pediatric health care facility shall have 30 days to submit a revised plan.

RequirementsThe applicableDepartment toshall producers.review the revised plan within 30 days after receipt of the plan and notify the pediatric health care facility whether the revised plan is approved or rejected.

(a)A Onpediatric andhealth aftercare Januaryfacility 1,may 2020,not provide medical forensic services to pediatric sexual assault survivors who present with a producercomplaint of carpetsexual shallassault addwithin a minimum of the stewardshiplast assessment,7 asdays establishedor inwho Sectionhave 35,disclosed topast sexual assault by a specific individual and were in the costcare of carpetthat soldindividual towithin retailersa andminimum distributorsof inthe thislast State7 bydays until the producer.SB0557 Enrolled - 22 - LRB101 04318 RLC 49326 b Department has approved a treatment plan.

(b)If Producersan shallapproved providepediatric consumershealth withcare educationalfacility materialsis regardingnot theopen stewardship24 assessmenthours anda carpetday, stewardship7 programdays asa requiredweek, byit paragraphshall (1)post ofsignage subsectionat (b)each ofpublic Sectionentrance 35to ofits thisfacility Act.that:

The(1) materials shall include, but are not limited to, (i) information regarding available end-of-life management options for carpet offered through the carpet stewardship program and (ii) information that notifies the consumers that a charge for the operation of the carpet stewardship program is includedat inleast the14 purchaseinches priceby of14 carpetinches sold in thissize; State.

(c)(2) Producersdirects whothose sellseeking carpetservices in this State shall register SB0557 Engrossed - 18 - LRB101 04318 RLC 49326 b with the Agency by January 1, 2020 and annually thereafter for as longfollows: as that producer sells carpet in this State.

Section"If 50.closed, call 911 for services or go to the closest hospital emergency department, (insert name) located at (insert address).";

Requirements(3) applicablelists tothe retailersapproved andpediatric distributors.health care facility's hours of operation;

(a)(4) Threelists months after program plan approval, no carpet may be sold in this State unless the product'sstreet produceraddress isof participating in the clearinghousebuilding; plan.

(b)(5) Anyhas retailera orblack distributorbackground maywith participate,white onbold acapital voluntarylettering basis,in as a designatedclear collectionand pointeasy pursuant to aread productfont stewardshipthat programis at least 72-point type, and with "call 911" in accordanceat withleast applicable125-point law.type;

(c)(6) Nois retailerposted orclearly distributorand shallconspicuously be found to be in violation of this Section if, on theor dateadjacent theto carpet was ordered from the producerdoor orat itseach agent,entrance theand, producerif wasbuilding listedmaterials asallow, compliantis onposted theinternally Agency'sfor websiteviewing inthrough accordanceglass; with this Act.

Sectionif 55.posted externally, the sign shall be made of weather-resistant and theft-resistant materials, non-removable, and adhered permanently to the building;

Requirementsand applicable(7) tohas lighting that is part of the Agency.sign itself or is lit with a dedicated light that fully illuminates the sign.

(a)A Beginningcopy Januaryof 1,the 2020,proposed andsign annuallymust thereafter,be thesubmitted Agencyto shallthe postSB0557 onEnrolled its- website23 the- listLRB101 of04318 carpetRLC producers49326 thatb registeredDepartment withand theapproved Agency,as inpart accordanceof withthe Sectionapproved 45,pediatric andhealth whocare arefacility's insexual complianceassault withtreatment thisplan. Act.

(b)(c) BeginningEach Januarytreatment 1,hospital, 2021,treatment andhospital annuallywith thereafter,approved forpediatric thetransfer, benefitand ofapproved assistingpediatric consumershealth whocare wishfacility tomust findenter collectioninto sitesa formemorandum recyclingof carpet,understanding thewith Agencya shallrape postcrisis oncenter itsfor SB0557medical Engrossedadvocacy -services, 19if -these LRB101services 04318are RLCavailable 49326to b website the locationtreatment ofhospital, alltreatment collectionhospital siteswith identifiedapproved topediatric thetransfer, Agencyor byapproved thepediatric clearinghousehealth incare itsfacility. plans and annual reports.

(c)With Thethe Agencyconsent shallof post on its website the plansexual asassault approvedsurvivor, bya therape Agencycrisis andcounselor anyshall subsequentremain updatesin withinthe 30exam daysroom ofduring receiptthe pursuantcollection tofor Sectionforensic 30.evidence.

(d) BeginningEvery Maytreatment 1,hospital, 2022,treatment hospital with approved pediatric transfer, and annuallyapproved thereafter,pediatric thehealth Agencycare facility's sexual assault treatment plan shall postinclude onprocedures itsfor websitecomplying copieswith ofmandatory reporting requirements pursuant to (1) the annualAbused reports.and Neglected Child Reporting Act;

(e)(2) Beginningthe MarchAbused 1, 2023, and onceNeglected everyLong 3Term yearsCare thereafter,Facility theResidents AgencyReporting shall,Act; in consultation with the clearinghouse, establish the recycling rate performance goal in the clearinghouse plan, beginning with program year 2024.

Section(3) 60.the Adult Protective Services Act;

Annualand stewardship(iv) reports.the Criminal Identification Act.

(a)(e) ByEach Apriltreatment 1,hospital, 2022,treatment andhospital bywith Aprilapproved 1pediatric oftransfer, eachand yearapproved thereafter,pediatric thehealth clearinghousecare facility shall submit a report to the AgencyDepartment thatevery includes,6 formonths, thein previous program year, a descriptionmanner ofprescribed by the carpetDepartment, stewardship program, including, but not limited to, the following:following information:

(1) theThe amounttotal number of carpetpatients soldwho bypresented squarewith feeta andSB0557 poundsEnrolled in- this24 State- duringLRB101 the04318 reportingRLC period49326 byb polymercomplaint type or non-polymer material, including a separate reporting of thesexual amountassault. of carpet sold in this State for which the carpet stewardship assessment was collected;

(2) aThe descriptiontotal ofnumber the methods used to collect, transport, and process discarded carpet in regions of thisIllinois State,Sexual andAssault aEvidence listingCollection ofKits: the persons used to collect, SB0557 Engrossed - 20 - LRB101 04318 RLC 49326 b transport, and process discarded carpet;

(3)(A) identificationoffered ofto (i) all discardedsexual carpetassault collectionsurvivors sitesand in(ii) thispediatric Statesexual andassault whethersurvivors thepursuant requirementto of paragraph (3)(1.5) of subsection (a)(a-5) of Section 255; has been met;

(4)(B) thecompleted weightfor of(i) all discardedsexual carpetassault collectedsurvivors and reused(ii) orpediatric recycledsexual inassault allsurvivors; regions of this State, a comparison to the performance goals and recycling rates established in the clearinghouse plan, and, if appropriate, an explanation stating the reason or reasons performance goals were not met;

(5)and the(C) weightdeclined ofby discarded(i) carpetall collectedsexual inassault thissurvivors State but not recycled and its(ii) ultimatepediatric disposition,sexual andassault asurvivors. comparison to the performance goals in the clearinghouse plan;

(6)This theinformation totalshall costbe ofmade implementingavailable theon clearinghouse plan and a copy of the independentDepartment's auditwebsite. regarding the financial activities of the clearinghouse;

(7)(f) aThis proposedSection budgetis foreffective implementingon theand clearinghouseafter planJuly in1, the2021. subsequent calendar year;

(8)(Source: an evaluation of the funding mechanism and its ability to properly fund the implementation of the clearinghouse plan, and provide adequate incentive payments to collectors, processors and end markets for managing carpet;

(9)P.A. identification of the facilities processing carpet, the weight processed at each facility, and each SB0557 Engrossed - 21 - LRB101 04318 RLC 49326 b facility's processing capacity;

(10)100-775, aneff. evaluation of the effectiveness of the clearinghouse plan, and anticipated steps, if needed, to improve performance;

(11)1-1-19; a discussion of progress made toward achieving carpet design changes according to paragraph (14) of subsection (a) of Section 25;

(12)101-73, sampleseff. of educational materials provided to consumers and carpet installers, and an evaluation of the effectiveness of the materials and the methods used to disseminate the materials.

The7-12-19.) evaluation(410 shallILCS include,70/2-1 butnew) shallSec. not be limited to, information on the number of consumers and carpet installers that received or viewed the educational materials, and any consumer and carpet installer survey data that may have been collected regarding the educational materials used;

and2-1. (13) an evaluation of the feasibility and effectiveness of a ban on landfilling carpet in this State, and an opinion on whether to recommend a landfill ban.

SectionHospital, 65.approved pediatric health care facility, and approved federally qualified health center requirements for sexual assault plans.

Administrative(a) fee.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 provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault SB0557 Enrolled - 25 - LRB101 04318 RLC 49326 b survivors and medical forensic services to sexual assault survivors 13 years old or older, in accordance with rules adopted by the Department.

(a)In Theaddition, clearinghouseevery such hospital, regardless of whether or not a request is made for reimbursement, shall paysubmit to the AgencyDepartment ana annualplan administrativeto feeprovide ofeither $100,000(i) whichtransfer mayservices beto paidall forsexual fromassault revenuesurvivors, from(ii) themedical carpetforensic stewardshipservices assessment.to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older.

(b) The clearinghouseDepartment shall payapprove such plan for either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, if it finds that the Agency'simplementation administrativeof feethe underproposed subsectionplan (a)would onprovide (i) transfer services or before(ii) Januarymedical 1,forensic SB0557services Engrossedfor -sexual 22assault -survivors LRB101in 04318accordance RLCwith 49326the brequirements 2021,of this Act and annuallyprovide thereafter.sufficient protections from the risk of pregnancy to sexual assault survivors.

(c)Notwithstanding Theanything Agencyto shallthe depositcontrary in this paragraph, the feesDepartment collectedmay underapprove thisa Sectionsexual intoassault transfer plan for the Solidprovision Wasteof Managementmedical Fund.forensic services until January 1, 2022 if:

Section(1) 70.a treatment hospital with approved pediatric transfer has agreed, as part of an areawide treatment plan, SB0557 Enrolled - 26 - LRB101 04318 RLC 49326 b to accept sexual assault survivors 13 years of age or older from the proposed transfer hospital, if the treatment hospital with approved pediatric transfer is geographically closer to the transfer hospital than a treatment hospital or another treatment hospital with approved pediatric transfer and such transfer is not unduly burdensome on the sexual assault survivor;

Enforcement.and (2) a treatment hospital has agreed, as a part of an areawide treatment plan, to accept sexual assault survivors under 13 years of age from the proposed transfer hospital and transfer to the treatment hospital would not unduly burden the sexual assault survivor.

(a)The OnDepartment andmay afternot theapprove implementationa datesexual ofassault thetransfer carpetplan stewardshipunless program,a notreatment producer,hospital distributor,has oragreed, retaileras shalla sellpart orof offeran forareawide saletreatment carpetplan, to anyaccept personsexual inassault thissurvivors Statefrom if the producerproposed oftransfer thehospital carpetand isa nottransfer registeredto with the Agencytreatment pursuanthospital towould subsectionnot (c)unduly ofburden Section 45 and participating in implementing the clearinghousesexual plan.assault survivor.

(b)In Nocounties retailerwith ora distributorpopulation shallof beless foundthan in1,000,000, violationthe ofDepartment themay provisionsnot ofapprove subsectiona (a)sexual if,assault ontransfer theplan datefor thea carpethospital waslocated orderedwithin froma the20-mile producerradius orof itsa agent,4-year thepublic produceruniversity, wasnot listedincluding oncommunity thecolleges, Agency'sunless websitethere inis accordancea treatment hospital with a sexual assault treatment plan approved by the provisionsDepartment ofwithin subsectiona (a)20-mile radius of Sectionthe 55.4-year public university.

(c)A Thetransfer Attorneymust General or State's Attorney may request, and a Court may impose, after providing notice and opportunity to be heard, a civil penalty in theaccordance amountwith offederal $5,000and perState daySB0557 perEnrolled violation- against27 any- personLRB101 who04318 violatesRLC the49326 termsb oflaws thisand Act.local ordinances.

(d)A Nothingtreatment inhospital with approved pediatric transfer must submit an areawide treatment plan under Section 3-1 of this Act prohibitsthat includes a retailerwritten oragreement distributorwith froma sellingtreatment theirhospital inventorystating ofthat carpetthe existingtreatment priorhospital towill theprovide datemedical theforensic firstservices stewardshipto planpediatric preparedsexual byassault survivors transferred from the clearinghousetreatment ishospital with approved bypediatric thetransfer. Agency.

(e) The penaltiesareawide providedtreatment forplan in this Section may bealso SB0557include Engrossedan -approved 23pediatric -health LRB101care 04318facility. RLC 49326 b recovered in a civil action brought in the name of the People of the State of Illinois by the State's Attorney of the county in which the violation occurred or by the Attorney General.

AnyA fundstransfer collectedhospital undermust thissubmit an areawide treatment plan under Section in3-1 anof actionthis inAct whichthat theincludes Attorneya Generalwritten hasagreement prevailedwith shalla betreatment depositedhospital instating that the Environmentaltreatment Protectionhospital Trustwill Fund,provide tomedical beforensic usedservices into accordanceall withsexual theassault provisionssurvivors oftransferred from the Environmentaltransfer Trusthospital. Fund Act.

SectionThe 75.areawide treatment plan may also include an approved pediatric health care facility.

StateNotwithstanding procurementanything to the contrary in this paragraph, until January 1, 2022, the areawide treatment plan may include a written agreement with a treatment hospital with approved pediatric transfer that is geographically closer than other hospitals providing medical forensic services to sexual assault survivors 13 years of carpet.age or older stating that the treatment hospital with approved pediatric transfer will provide medical services to sexual assault survivors 13 years of age or older who are transferred from the transfer hospital.

BeginningIf onthe Januaryareawide 1,treatment 2022,plan atincludes leasta 35%written ofagreement carpetwith purchaseda bytreatment Statehospital agencieswith shallapproved bepediatric carpettransfer, withit aSB0557 minimumEnrolled of- 10%28 post-consumer- recycledLRB101 content04318 byRLC weight49326 fromb discardedmust carpetalso andinclude complya written agreement with thea Nationaltreatment Sciencehospital Foundation/Americanstating Nationalthat Standardsthe Institutetreatment (NSF/ANSI)hospital 140-2009will Standard,provide Platinummedical Levelforensic orservices theto mostsexual currentassault versionsurvivors inunder effect13 asyears providedof byage thewho Americanare Nationaltransferred Standardsfrom Institute.the transfer hospital.

TheBeginning carpetJanuary 1, 2019, each treatment hospital and treatment hospital with approved pediatric transfer shall beensure purchasedthat fromemergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a carpetqualified producermedical provider in Section 1a-1 of this Act, receive a minimum of 2 hours of sexual assault training by July 1, 2020 or until the treatment hospital or treatment hospital with approved pediatric transfer certifies to the Department, in a thirdform partyand certifiedmanner closedprescribed loopby recyclingthe facility.Department, that it employs or contracts with a qualified medical provider in accordance with subsection (a-7) of Section 5-1, whichever occurs first.

Thereafter,After thoseJuly purchases1, 2020 or once a treatment hospital or a treatment hospital with approved pediatric transfer certifies compliance with subsection (a-7) of Section 5-1, whichever occurs first, each treatment hospital and treatment hospital with approved pediatric transfer shall increaseensure bythat emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a ratequalified medical provider in Section SB0557 Enrolled - 29 - LRB101 04318 RLC 49326 b 1a-1 of 10%this perAct, yearreceive untila itminimum reachesof 75%.2 hours of continuing education on responding to sexual assault survivors every 2 years.

PriorProtocols tofor Januarytraining 1, 2022, the clearinghouse shall providebe aincluded reportin to the Illinoishospital's Departmentsexual ofassault Centraltreatment Managementplan. Services on the other types of products that contain recycled carpet as a feedstock that the State should consider purchasing.

Sexual assault training provided under this subsection may be provided in person or online and shall include, but not be limited to:

(1) information provided on the provision of medical forensic services;

(2) information on the use of the Illinois Sexual Assault Evidence Collection Kit;

(3) information on sexual assault epidemiology, neurobiology of trauma, drug-facilitated sexual assault, child sexual abuse, and Illinois sexual assault-related laws;

and (4) information on the hospital's sexual assault-related policies and procedures.

The online training made available by the Office of the Attorney General under subsection (b) of Section 10-1 may be used to comply with this subsection.

(b) An approved pediatric health care facility may provide medical forensic services, in accordance with rules adopted by the Department, to all pediatric sexual assault survivors who present for medical forensic services in relation to injuries or trauma resulting from a sexual assault.

These services shall be provided by a qualified medical provider.

SB0557 Enrolled - 30 - LRB101 04318 RLC 49326 b A pediatric health care facility must participate in or submit an areawide treatment plan under Section 3-1 of this Act that includes a treatment hospital.

If a pediatric health care facility does not provide certain medical or surgical services that are provided by hospitals, the areawide sexual assault treatment plan must include a procedure for ensuring a sexual assault survivor in need of such medical or surgical services receives the services at the treatment hospital.

The areawide treatment plan may also include a treatment hospital with approved pediatric transfer.

The Department shall review a proposed sexual assault treatment plan submitted by a pediatric health care facility within 60 days after receipt of the plan.

If the Department finds that the proposed plan meets the minimum requirements set forth in Section 5-1 of this Act and that implementation of the proposed plan would provide medical forensic services for pediatric sexual assault survivors, then the Department shall approve the plan.

If the Department does not approve a plan, then the Department shall notify the pediatric health care facility that the proposed plan has not been approved.

The pediatric health care facility shall have 30 days to submit a revised plan.

The Department shall review the revised plan within 30 days after receipt of the plan and notify the pediatric health care facility whether the revised plan is approved or rejected.

A pediatric health care facility may not provide medical forensic services to pediatric sexual assault SB0557 Enrolled - 31 - LRB101 04318 RLC 49326 b survivors who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days until the Department has approved a treatment plan.

If an approved pediatric health care facility is not open 24 hours a day, 7 days a week, it shall post signage at each public entrance to its facility that:

(1) is at least 14 inches by 14 inches in size;

(2) directs those seeking services as follows:

"If closed, call 911 for services or go to the closest hospital emergency department, (insert name) located at (insert address).";

(3) lists the approved pediatric health care facility's hours of operation;

(4) lists the street address of the building;

(5) has a black background with white bold capital lettering in a clear and easy to read font that is at least 72-point type, and with "call 911" in at least 125-point type;

(6) is posted clearly and conspicuously on or adjacent to the door at each entrance and, if building materials allow, is posted internally for viewing through glass;

if posted externally, the sign shall be made of weather-resistant and theft-resistant materials, non-removable, and adhered permanently to the building;

SB0557 Enrolled - 32 - LRB101 04318 RLC 49326 b and (7) has lighting that is part of the sign itself or is lit with a dedicated light that fully illuminates the sign.

(b-5) An approved federally qualified health center may provide medical forensic services, in accordance with rules adopted by the Department, to all sexual assault survivors 13 years old or older who present for medical forensic services in relation to injuries or trauma resulting from a sexual assault during the duration, and 90 days thereafter, of a proclamation issued by the Governor declaring a disaster, or a successive proclamation regarding the same disaster, in all 102 counties due to a public health emergency.

These services shall be provided by (i) a qualified medical provider, physician, physician assistant, or advanced practice registered nurse who has received a minimum of 10 hours of sexual assault training provided by a qualified medical provider on current Illinois legislation, how to properly perform a medical forensic examination, evidence collection, drug and alcohol facilitated sexual assault, and forensic photography and has all documentation and photos peer reviewed by a qualified medical provider or (ii) until the federally qualified health care center certifies to the Department, in a form and manner prescribed by the Department, that it employs or contracts with a qualified medical provider in accordance with subsection (a-7) of Section 5-1, whichever occurs first.

A federally qualified health center must participate in or SB0557 Enrolled - 33 - LRB101 04318 RLC 49326 b submit an areawide treatment plan under Section 3-1 of this Act that includes a treatment hospital.

If a federally qualified health center does not provide certain medical or surgical services that are provided by hospitals, the areawide sexual assault treatment plan must include a procedure for ensuring a sexual assault survivor in need of such medical or surgical services receives the services at the treatment hospital.

The areawide treatment plan may also include a treatment hospital with approved pediatric transfer or an approved pediatric health care facility.

The Department shall review a proposed sexual assault treatment plan submitted by a federally qualified health center within 14 days after receipt of the plan.

If the Department finds that the proposed plan meets the minimum requirements set forth in Section 5-1 and that implementation of the proposed plan would provide medical forensic services for sexual assault survivors 13 years old or older, then the Department shall approve the plan.

If the Department does not approve a plan, then the Department shall notify the federally qualified health center that the proposed plan has not been approved.

The federally qualified health center shall have 14 days to submit a revised plan.

The Department shall review the revised plan within 14 days after receipt of the plan and notify the federally qualified health center whether the revised plan is approved or rejected.

A federally qualified health center may not (i) provide medical forensic services to sexual assault SB0557 Enrolled - 34 - LRB101 04318 RLC 49326 b survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the previous 7 days or (ii) who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the previous 7 days until the Department has approved a treatment plan.

If an approved federally qualified health center is not open 24 hours a day, 7 days a week, it shall post signage at each public entrance to its facility that:

(1) is at least 14 inches by 14 inches in size;

(2) directs those seeking services as follows:

"If closed, call 911 for services or go to the closest hospital emergency department, (insert name) located at (insert address).";

(3) lists the approved federally qualified health center's hours of operation;

(4) lists the street address of the building;

(5) has a black background with white bold capital lettering in a clear and easy to read font that is at least 72-point type, and with "call 911" in at least 125-point type;

(6) is posted clearly and conspicuously on or adjacent to the door at each entrance and, if building materials allow, is posted internally for viewing through glass;

if posted externally, the sign shall be made of weather-resistant and theft-resistant materials, SB0557 Enrolled - 35 - LRB101 04318 RLC 49326 b non-removable, and adhered permanently to the building;

and (7) has lighting that is part of the sign itself or is lit with a dedicated light that fully illuminates the sign.

A copy of the proposed sign must be submitted to the Department and approved as part of the approved federally qualified health center's sexual assault treatment plan.

(c) Each treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, and approved federally qualified health center must enter into a memorandum of understanding with a rape crisis center for medical advocacy services, if these services are available to the treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, or approved federally qualified health center.

With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the collection for forensic evidence.

(d) Every treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, and approved federally qualified health center's sexual assault treatment plan shall include procedures for complying with mandatory reporting requirements pursuant to (1) the Abused and Neglected Child Reporting Act;

(2) the Abused and Neglected Long Term Care Facility Residents Reporting Act;

(3) the Adult Protective Services Act;

and (iv) SB0557 Enrolled - 36 - LRB101 04318 RLC 49326 b the Criminal Identification Act.

(e) Each treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, and approved federally qualified health center shall submit to the Department every 6 months, in a manner prescribed by the Department, the following information:

(1) The total number of patients who presented with a complaint of sexual assault.

(2) The total number of Illinois Sexual Assault Evidence Collection Kits:

(A) offered to (i) all sexual assault survivors and (ii) pediatric sexual assault survivors pursuant to paragraph (1.5) of subsection (a-5) of Section 5-1;

(B) completed for (i) all sexual assault survivors and (ii) pediatric sexual assault survivors;

and (C) declined by (i) all sexual assault survivors and (ii) pediatric sexual assault survivors.

This information shall be made available on the Department's website.

(f) This Section is repealed on June 30, 2021.

(410 ILCS 70/2.05) Sec.

2.05.

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 SB0557 Enrolled - 37 - LRB101 04318 RLC 49326 b to ensure that the established procedures are being followed.

Department personnel conducting the on-site reviews shall attend 4 hours of sexual assault training conducted by a qualified medical provider that includes, but is not limited to, forensic evidence collection provided to sexual assault survivors of any age and Illinois sexual assault-related laws and administrative rules.

(b) On July 1, 2019 and each July 1 thereafter, the Department shall submit a report to the General Assembly containing information on the hospitals and pediatric health care facilities in this State that have submitted a plan to provide:

(i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, or (iv) medical forensic services to pediatric sexual assault survivors.

The Department shall post the report on its Internet website on or before October 1, 2019 and, except as otherwise provided in this Section, update the report every quarter thereafter.

The report shall include all of the following:

(1) Each hospital and pediatric care facility that has submitted a plan, including the submission date of the plan, type of plan submitted, and the date the plan was approved or denied.

If a pediatric health care facility withdraws its plan, the Department shall immediately SB0557 Enrolled - 38 - LRB101 04318 RLC 49326 b update the report on its Internet website to remove the pediatric health care facility's name and information.

(2) Each hospital that has failed to submit a plan as required in subsection (a) of Section 2.

(3) Each hospital and approved pediatric care facility that has to submit an acceptable Plan of Correction within the time required by Section 2.1, including the date the Plan of Correction was required to be submitted.

Once a hospital or approved pediatric health care facility submits and implements the required Plan of Correction, the Department shall immediately update the report on its Internet website to reflect that hospital or approved pediatric health care facility's compliance.

(4) Each hospital and approved pediatric care facility at which the periodic on-site review required by Section 2.05 of this Act has been conducted, including the date of the on-site review and whether the hospital or approved pediatric care facility was found to be in compliance with its approved plan.

(5) Each areawide treatment plan submitted to the Department pursuant to Section 3 of this Act, including which treatment hospitals, treatment hospitals with approved pediatric transfer, transfer hospitals and approved pediatric health care facilities are identified in each areawide treatment plan.

(c) The Department, in consultation with the Office of the SB0557 Enrolled - 39 - LRB101 04318 RLC 49326 b Attorney General, shall adopt administrative rules by January 1, 2020 establishing a process for physicians and physician assistants to provide documentation of training and clinical experience that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses in order to qualify as a sexual assault forensic examiner.

(d) This Section is effective on and after July 1, 2021.

(Source:

P.A.

100-775, eff.

1-1-19.) (410 ILCS 70/2.05-1 new) Sec.

2.05-1.

Department requirements.

(a) The Department shall periodically conduct on-site reviews of approved sexual assault treatment plans with hospital, approved pediatric health care facility, and approved federally qualified health care personnel to ensure that the established procedures are being followed.

Department personnel conducting the on-site reviews shall attend 4 hours of sexual assault training conducted by a qualified medical provider that includes, but is not limited to, forensic evidence collection provided to sexual assault survivors of any age and Illinois sexual assault-related laws and administrative rules.

(b) On July 1, 2019 and each July 1 thereafter, the Department shall submit a report to the General Assembly containing information on the hospitals, pediatric health care SB0557 Enrolled - 40 - LRB101 04318 RLC 49326 b facilities, and federally qualified health centers in this State that have submitted a plan to provide:

(i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, or (iv) medical forensic services to pediatric sexual assault survivors.

The Department shall post the report on its Internet website on or before October 1, 2019 and, except as otherwise provided in this Section, update the report every quarter thereafter.

The report shall include all of the following:

(1) Each hospital, pediatric care facility, and federally qualified health center that has submitted a plan, including the submission date of the plan, type of plan submitted, and the date the plan was approved or denied.

If a pediatric health care facility withdraws its plan, the Department shall immediately update the report on its Internet website to remove the pediatric health care facility's name and information.

(2) Each hospital that has failed to submit a plan as required in subsection (a) of Section 2-1.

(3) Each hospital, approved pediatric care facility, and federally qualified health center that has to submit an acceptable Plan of Correction within the time required by Section 2.1-1, including the date the Plan of Correction SB0557 Enrolled - 41 - LRB101 04318 RLC 49326 b was required to be submitted.

Once a hospital, approved pediatric health care facility, or approved federally qualified health center submits and implements the required Plan of Correction, the Department shall immediately update the report on its Internet website to reflect that hospital, approved pediatric health care facility, or federally qualified health center's compliance.

(4) Each hospital, approved pediatric care facility, and federally qualified health center at which the periodic on-site review required by Section 2.05-1 of this Act has been conducted, including the date of the on-site review and whether the hospital, approved pediatric care facility, and federally qualified health center was found to be in compliance with its approved plan.

(5) Each areawide treatment plan submitted to the Department pursuant to Section 3-1 of this Act, including which treatment hospitals, treatment hospitals with approved pediatric transfer, transfer hospitals, approved pediatric health care facilities, and approved federally qualified health centers are identified in each areawide treatment plan.

(6) During the duration, and 90 days thereafter, of a proclamation issued by the Governor declaring a disaster, or a successive proclamation regarding the same disaster, in all 102 counties due to a public health emergency, the SB0557 Enrolled - 42 - LRB101 04318 RLC 49326 b Department shall immediately update the report on its website to reflect each federally qualified health center that has submitted a plan, including the submission date of the plan, type of plan submitted, and the date the plan was approved.

(c) The Department, in consultation with the Office of the Attorney General, shall adopt administrative rules by January 1, 2020 establishing a process for physicians and physician assistants to provide documentation of training and clinical experience that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses in order to qualify as a sexual assault forensic examiner.

(d) This Section is repealed on June 30, 2021.

(410 ILCS 70/2.06) Sec.

2.06.

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, but not limited to, inspections, investigations, and evaluations arising out of complaints relevant to this Act made to the Department.

A pediatric health care facility that submits a plan to the Department for approval under Section 2 or an out-of-state SB0557 Enrolled - 43 - LRB101 04318 RLC 49326 b hospital that submits an areawide treatment plan in accordance with subsection (b) of Section 5.4 shall be deemed to have given consent to annual inspections, surveys, or evaluations relevant to this Act by properly identified personnel of the Department or by such other properly identified persons, including local health department staff, as the Department may designate.

In addition, representatives of the Department shall have access to and may reproduce or photocopy any books, records, and other documents maintained by the pediatric health care facility or the facility's representatives or the out-of-state hospital or the out-of-state hospital's representative to the extent necessary to carry out this Act.

No representative, agent, or person acting on behalf of the pediatric health care facility or out-of-state hospital in any manner shall intentionally prevent, interfere with, or attempt to impede in any way any duly authorized investigation and enforcement of this Act.

The Department shall have the power to adopt rules to carry out the purpose of regulating a pediatric health care facility or out-of-state hospital.

In carrying out oversight of a pediatric health care facility or an out-of-state hospital, the Department shall respect the confidentiality of all patient records, including by complying with the patient record confidentiality requirements set out in Section 6.14b of the Hospital Licensing Act.

(b) This Section is effective on and after July 1, 2021.

(Source:

P.A.

100-775, eff.

1-1-19.) SB0557 Enrolled - 44 - LRB101 04318 RLC 49326 b (410 ILCS 70/2.06-1 new) Sec.

2.06-1.

Consent to jurisdiction.

(a) A pediatric health care facility or federally qualified health center that submits a plan to the Department for approval under Section 2-1 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, but not limited to, inspections, investigations, and evaluations arising out of complaints relevant to this Act made to the Department.

A pediatric health care facility or federally qualified health center that submits a plan to the Department for approval under Section 2-1 or an out-of-state hospital that submits an areawide treatment plan in accordance with subsection (b) of Section 5.4 shall be deemed to have given consent to annual inspections, surveys, or evaluations relevant to this Act by properly identified personnel of the Department or by such other properly identified persons, including local health department staff, as the Department may designate.

In addition, representatives of the Department shall have access to and may reproduce or photocopy any books, records, and other documents maintained by the pediatric health care facility or the facility's representatives or the out-of-state hospital or the out-of-state hospital's representative to the extent necessary to carry out this Act.

No representative, agent, or person SB0557 Enrolled - 45 - LRB101 04318 RLC 49326 b acting on behalf of the pediatric health care facility, federally qualified health center, or out-of-state hospital in any manner shall intentionally prevent, interfere with, or attempt to impede in any way any duly authorized investigation and enforcement of this Act.

The Department shall have the power to adopt rules to carry out the purpose of regulating a pediatric health care facility or out-of-state hospital.

In carrying out oversight of a pediatric health care facility, federally qualified health center, or an out-of-state hospital, the Department shall respect the confidentiality of all patient records, including by complying with the patient record confidentiality requirements set out in Section 6.14b of the Hospital Licensing Act.

(b) This Section is repealed on June 30, 2021.

(410 ILCS 70/2.1) (from Ch.

111 1/2, par.

87-2.1) Sec.

2.1.

Plan of correction;

penalties.

(a) If the Department surveyor determines that the hospital or approved pediatric health care facility is not in compliance with its approved plan, the surveyor shall provide the hospital or approved pediatric health care facility with a written list of the specific items of noncompliance within 10 working days after the conclusion of the on-site review.

The hospital shall have 10 working days to submit to the Department a plan of correction which contains the hospital's or approved pediatric SB0557 Enrolled - 46 - LRB101 04318 RLC 49326 b health care facility's specific proposals for correcting the items of noncompliance.

The Department shall review the plan of correction and notify the hospital in writing within 10 working days as to whether the plan is acceptable or unacceptable.

If the Department finds the Plan of Correction unacceptable, the hospital or approved pediatric health care facility shall have 10 working days to resubmit an acceptable Plan of Correction.

Upon notification that its Plan of Correction is acceptable, a hospital or approved pediatric health care facility shall implement the Plan of Correction within 60 days.

(b) The failure of a hospital to submit an acceptable Plan of Correction or to implement the Plan of Correction, within the time frames required in this Section, will subject a hospital to the imposition of a fine by the Department.

The Department may impose a fine of up to $500 per day until a hospital complies with the requirements of this Section.

If an approved pediatric health care facility fails to submit an acceptable Plan of Correction or to implement the Plan of Correction within the time frames required in this Section, then the Department shall notify the approved pediatric health care facility that the approved pediatric health care facility may not provide medical forensic services under this Act.

The Department may impose a fine of up to $500 per patient provided services in violation of this Act.

(c) Before imposing a fine pursuant to this Section, the SB0557 Enrolled - 47 - LRB101 04318 RLC 49326 b Department shall provide the hospital or approved pediatric health care facility via certified mail with written notice and an opportunity for an administrative hearing.

Such hearing must be requested within 10 working days after receipt of the Department's Notice.

All hearings shall be conducted in accordance with the Department's rules in administrative hearings.

(d) This Section is effective on and after July 1, 2031.

(Source:

P.A.

100-775, eff.

1-1-19;

101-81, eff.

7-12-19.) (410 ILCS 70/2.1-1 new) Sec.

2.1-1.

Plan of correction;

penalties.

(a) If the Department surveyor determines that the hospital, approved pediatric health care facility, or approved federally qualified health center is not in compliance with its approved plan, the surveyor shall provide the hospital, approved pediatric health care facility, or approved federally qualified health center with a written list of the specific items of noncompliance within 10 working days after the conclusion of the on-site review.

The hospital, approved pediatric health care facility, or approved federally qualified health center shall have 10 working days to submit to the Department a plan of correction which contains the hospital's, approved pediatric health care facility's, or approved federally qualified health center's specific proposals for correcting the items of noncompliance.

The SB0557 Enrolled - 48 - LRB101 04318 RLC 49326 b Department shall review the plan of correction and notify the hospital, approved pediatric health care facility, or approved federally qualified health center in writing within 10 working days as to whether the plan is acceptable or unacceptable.

If the Department finds the Plan of Correction unacceptable, the hospital, approved pediatric health care facility, or approved federally qualified health center shall have 10 working days to resubmit an acceptable Plan of Correction.

Upon notification that its Plan of Correction is acceptable, a hospital, approved pediatric health care facility, or approved federally qualified health center shall implement the Plan of Correction within 60 days.

(b) The failure of a hospital to submit an acceptable Plan of Correction or to implement the Plan of Correction, within the time frames required in this Section, will subject a hospital to the imposition of a fine by the Department.

The Department may impose a fine of up to $500 per day until a hospital complies with the requirements of this Section.

If an approved pediatric health care facility or approved federally qualified health center fails to submit an acceptable Plan of Correction or to implement the Plan of Correction within the time frames required in this Section, then the Department shall notify the approved pediatric health care facility or approved federally qualified health center that the approved pediatric health care facility or approved federally qualified health center may not provide medical forensic SB0557 Enrolled - 49 - LRB101 04318 RLC 49326 b services under this Act.

The Department may impose a fine of up to $500 per patient provided services in violation of this Act.

(c) Before imposing a fine pursuant to this Section, the Department shall provide the hospital, or approved pediatric health care facility, or approved federally qualified health center via certified mail with written notice and an opportunity for an administrative hearing.

Such hearing must be requested within 10 working days after receipt of the Department's Notice.

All hearings shall be conducted in accordance with the Department's rules in administrative hearings.

(d) This Section is repealed on June 30, 2021.

(410 ILCS 70/2.2) Sec.

2.2.

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 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 SB0557 Enrolled - 50 - LRB101 04318 RLC 49326 b 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) Every hospital or approved pediatric health care facility providing services to 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 contraindications and risks associated with the use of emergency contraception;

and a description of how and when victims may be provided emergency contraception at no cost upon the written order of a physician licensed to practice medicine in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant.

The Department shall approve the protocol if it finds that the implementation of the protocol would provide sufficient protection for survivors of sexual assault.

The hospital or approved pediatric health care facility 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 SB0557 Enrolled - 51 - LRB101 04318 RLC 49326 b those standards.

The Department may provide a sample acceptable protocol upon request.

(c) This Section is effective on and after July 1, 2021.

(Source:

P.A.

99-173, eff.

7-29-15;

100-513, eff.

1-1-18;

100-775, eff.

1-1-19.) (410 ILCS 70/2.2-1 new) Sec.

2.2-1.

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 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) Every hospital, approved pediatric health care facility, or approved federally qualified health center SB0557 Enrolled - 52 - LRB101 04318 RLC 49326 b providing services to sexual assault survivors in accordance with a plan approved under Section 2-1 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 contraindications and risks associated with the use of emergency contraception;

and a description of how and when victims may be provided emergency contraception at no cost upon the written order of a physician licensed to practice medicine in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant.

The Department shall approve the protocol if it finds that the implementation of the protocol would provide sufficient protection for survivors of sexual assault.

The hospital, approved pediatric health care facility, or approved federally qualified health center 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.

(c) This Section is repealed on June 30, 2021.

(410 ILCS 70/3) (from Ch.

111 1/2, par.

87-3) SB0557 Enrolled - 53 - LRB101 04318 RLC 49326 b Sec.

3.

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 services to sexual assault survivors that each participating hospital and approved pediatric health care facility has agreed to make available.

Each hospital and approved pediatric health care facility participating in such a plan shall provide such services as it is designated to provide in the plan agreed upon by the participants.

An areawide plan may include treatment hospitals, treatment hospitals with approved pediatric transfer, transfer hospitals, approved pediatric health care facilities, or out-of-state hospitals as provided in Section 5.4.

All areawide plans shall be submitted to the Department for approval, prior to becoming effective.

The Department shall approve a proposed plan if it finds that the minimum requirements set forth in Section 5 and implementation of the plan would provide for appropriate medical forensic services for the people of the area to be served.

(b) This Section is effective on and after July 1, 2021.

(Source:

P.A.

100-775, eff.

1-1-19.) (410 ILCS 70/3-1 new) Sec.

3-1.

Areawide sexual assault treatment plans;

submission.

SB0557 Enrolled - 54 - LRB101 04318 RLC 49326 b (a) Hospitals, approved pediatric health care facilities, and approved federally qualified health centers in the area to be served may develop and participate in areawide plans that shall describe the medical forensic services to sexual assault survivors that each participating hospital, approved pediatric health care facility, and approved federally qualified health centers has agreed to make available.

Each hospital, approved pediatric health care facility, and approved federally qualified health center participating in such a plan shall provide such services as it is designated to provide in the plan agreed upon by the participants.

An areawide plan may include treatment hospitals, treatment hospitals with approved pediatric transfer, transfer hospitals, approved pediatric health care facilities, approved federally qualified health centers, or out-of-state hospitals as provided in Section 5.4.

All areawide plans shall be submitted to the Department for approval, prior to becoming effective.

The Department shall approve a proposed plan if it finds that the minimum requirements set forth in Section 5-1 and implementation of the plan would provide for appropriate medical forensic services for the people of the area to be served.

(b) This Section is repealed on June 30, 2021.

(410 ILCS 70/5) (from Ch.

111 1/2, par.

87-5) Sec.

5.

Minimum requirements for medical forensic services provided to sexual assault survivors by hospitals and approved SB0557 Enrolled - 55 - LRB101 04318 RLC 49326 b pediatric health care facilities.

(a) Every hospital and approved pediatric health care facility providing medical 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 registered nurse, or a physician assistant, the services set forth in subsection (a-5).

Beginning January 1, 2022, a qualified medical provider must provide the services set forth in subsection (a-5).

(a-5) A treatment hospital, a treatment hospital with approved pediatric transfer, or an approved pediatric health care facility shall provide the following services in accordance with subsection (a):

(1) Appropriate medical forensic services without delay, in a private, age-appropriate or developmentally-appropriate space, required to ensure the health, safety, and welfare of a sexual assault survivor and which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, in a proceeding under the Juvenile Court Act of 1987, or in an investigation under the Abused and Neglected Child Reporting Act.

Records of medical forensic services, including results of examinations and tests, the Illinois State Police Medical Forensic Documentation Forms, the Illinois SB0557 Enrolled - 56 - LRB101 04318 RLC 49326 b State Police Patient Discharge Materials, and the Illinois State Police Patient Consent:

Collect and Test Evidence or Collect and Hold Evidence Form, shall be maintained by the hospital or approved pediatric health care facility as part of the patient's electronic medical record.

Records of medical forensic services of sexual assault survivors under the age of 18 shall be retained by the hospital for a period of 60 years after the sexual assault survivor reaches the age of 18.

Records of medical forensic services of sexual assault survivors 18 years of age or older shall be retained by the hospital for a period of 20 years after the date the record was created.

Records of medical forensic services may only be disseminated in accordance with Section 6.5 of this Act and other State and federal law.

(1.5) An offer to complete the Illinois Sexual Assault Evidence Collection Kit for any sexual assault survivor who presents within a minimum of the last 7 days of the assault or who has disclosed past sexual assault by a specific individual and was in the care of that individual within a minimum of the last 7 days.

(A) Appropriate oral and written information concerning evidence-based guidelines for the appropriateness of evidence collection depending on the sexual development of the sexual assault survivor, the type of sexual assault, and the timing of the SB0557 Enrolled - 57 - LRB101 04318 RLC 49326 b sexual assault shall be provided to the sexual assault survivor.

Evidence collection is encouraged for prepubescent sexual assault survivors who present to a hospital or approved pediatric health care facility with a complaint of sexual assault within a minimum of 96 hours after the sexual assault.

Before January 1, 2022, the information required under this subparagraph shall be provided in person by the health care professional providing medical forensic services directly to the sexual assault survivor.

On and after January 1, 2022, the information required under this subparagraph shall be provided in person by the qualified medical provider providing medical forensic services directly to the sexual assault survivor.

The written information provided shall be the information created in accordance with Section 10 of this Act.

(B) Following the discussion regarding the evidence-based guidelines for evidence collection in accordance with subparagraph (A), evidence collection must be completed at the sexual assault survivor's request.

A sexual assault nurse examiner conducting an examination using the Illinois State Police Sexual Assault Evidence Collection Kit may do so without the SB0557 Enrolled - 58 - LRB101 04318 RLC 49326 b presence or participation of a physician.

(2) Appropriate oral and written information concerning the possibility of infection, sexually transmitted infection, including an evaluation of the sexual assault survivor's risk of contracting human immunodeficiency virus (HIV) from sexual assault, and pregnancy resulting from sexual assault.

(3) Appropriate oral and written information concerning accepted medical procedures, laboratory tests, medication, and possible contraindications of such medication available for the prevention or treatment of infection or disease resulting from sexual assault.

(3.5) After a medical evidentiary or physical examination, access to a shower at no cost, unless showering facilities are unavailable.

(4) An amount of medication, including HIV prophylaxis, for treatment at the hospital or approved pediatric health care facility and after discharge as is deemed appropriate by the attending physician, an advanced practice registered nurse, or a physician assistant in accordance with the Centers for Disease Control and Prevention guidelines and consistent with the hospital's or approved pediatric health care facility's current approved protocol for sexual assault survivors.

(5) Photo documentation of the sexual assault survivor's injuries, anatomy involved in the assault, or SB0557 Enrolled - 59 - LRB101 04318 RLC 49326 b other visible evidence on the sexual assault survivor's body to supplement the medical forensic history and written documentation of physical findings and evidence beginning July 1, 2019.

Photo documentation does not replace written documentation of the injury.

(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 infection.

(7) Referral by hospital or approved pediatric health care facility personnel for appropriate counseling.

(8) Medical advocacy services provided by a rape crisis counselor whose communications are protected under Section 8-802.1 of the Code of Civil Procedure, if there is a memorandum of understanding between the hospital or approved pediatric health care facility and a rape crisis center.

With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the medical forensic examination.

(9) Written information regarding services provided by a Children's Advocacy Center and rape crisis center, if applicable.

(10) A treatment hospital, a treatment hospital with approved pediatric transfer, an out-of-state hospital as defined in Section 5.4, or an approved pediatric health care facility shall comply with the rules relating to the SB0557 Enrolled - 60 - LRB101 04318 RLC 49326 b collection and tracking of sexual assault evidence adopted by the Department of State Police under Section 50 of the Sexual Assault Evidence Submission Act.

(a-7) By January 1, 2022, every hospital with a treatment plan approved by the Department shall employ or contract with a qualified medical provider to initiate medical forensic services to a sexual assault survivor within 90 minutes of the patient presenting to the treatment hospital or treatment hospital with approved pediatric transfer.

The provision of medical forensic services by a qualified medical provider shall not delay the provision of life-saving medical care.

(b) Any person who is a sexual assault survivor who seeks medical forensic services or follow-up healthcare under this Act shall be provided such services without the consent of any parent, guardian, custodian, surrogate, or agent.

If a sexual assault survivor is unable to consent to medical forensic services, the services may be provided under the Consent by Minors to Medical Procedures Act, the Health Care Surrogate Act, or other applicable State and federal laws.

(b-5) Every hospital or approved pediatric health care facility providing medical forensic services to sexual assault survivors shall issue a voucher to any sexual assault survivor who is eligible to receive one in accordance with Section 5.2 of this Act.

The hospital shall make a copy of the voucher and place it in the medical record of the sexual assault survivor.

The hospital shall provide a copy of the voucher to the sexual SB0557 Enrolled - 61 - LRB101 04318 RLC 49326 b assault survivor after discharge upon request.

(c) Nothing in this Section creates a physician-patient relationship that extends beyond discharge from the hospital or approved pediatric health care facility.

(d) This Section is effective on and after July 1, 2021.

(Source:

P.A.

100-513, eff.

1-1-18;

100-775, eff.

1-1-19;

100-1087, eff.

1-1-19;

101-81, eff.

7-12-19;

101-377, eff.

8-16-19.) (410 ILCS 70/5-1 new) Sec.

5-1.

Minimum requirements for medical forensic services provided to sexual assault survivors by hospitals, approved pediatric health care facilities, and approved federally qualified health centers.

(a) Every hospital, approved pediatric health care facility, and approved federally qualified health center providing medical 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 registered nurse, or a physician assistant, the services set forth in subsection (a-5).

Beginning January 1, 2022, a qualified medical provider must provide the services set forth in subsection (a-5).

(a-5) A treatment hospital, a treatment hospital with approved pediatric transfer, or an approved pediatric health SB0557 Enrolled - 62 - LRB101 04318 RLC 49326 b care facility, or an approved federally qualified health center shall provide the following services in accordance with subsection (a):

(1) Appropriate medical forensic services without delay, in a private, age-appropriate or developmentally-appropriate space, required to ensure the health, safety, and welfare of a sexual assault survivor and which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, in a proceeding under the Juvenile Court Act of 1987, or in an investigation under the Abused and Neglected Child Reporting Act.

Records of medical forensic services, including results of examinations and tests, the Illinois State Police Medical Forensic Documentation Forms, the Illinois State Police Patient Discharge Materials, and the Illinois State Police Patient Consent:

Collect and Test Evidence or Collect and Hold Evidence Form, shall be maintained by the hospital or approved pediatric health care facility as part of the patient's electronic medical record.

Records of medical forensic services of sexual assault survivors under the age of 18 shall be retained by the hospital for a period of 60 years after the sexual assault survivor reaches the age of 18.

Records of medical forensic services of sexual assault survivors 18 years of age or older shall be retained by the hospital for a period of 20 SB0557 Enrolled - 63 - LRB101 04318 RLC 49326 b years after the date the record was created.