SB 1602 — SEXUAL ASSAULT TREATMENT

To avoid unduly burdensome patient transfers, the Department shall consider the following factors in approving or denying the proposed sexual assault transfer plan:

(1) geographic proximity to the treatment hospital or treatment hospital with approved pediatric transfer, with priority given to sexual assault transfer plans which SB1602 Enrolled - 12 - LRB104 10007 BDA 20077 b transfer acute sexual assault survivors to the geographically closest treatment hospital or treatment hospital with approved pediatric transfer that has the capacity to provide ease of transfer to and accept acute sexual assault survivors from the proposed transfer hospital and is willing to provide them medical forensic examinations;

(2) the existence of an areawide treatment plan to provide medical forensic examinations to acute sexual assault survivors in the region;

(3) the average daily, monthly, and annual number of sexual assault survivors who presented and received medical forensic examinations;

(4) the number of qualified medical providers employed at the hospital;

(5) the existence of other agreements between transfer hospitals and other acute care hospitals related to patient referral and transfer, communication, patient medical records, and emergency and non-emergency patient transportation;

(6) the number of transfer hospitals with which a treatment hospital has a transfer agreement and its capacity to enter into additional transfer agreements, for which special consideration shall be given to treatment hospitals currently providing medical forensic examinations to acute sexual assault survivors;

and SB1602 Enrolled - 13 - LRB104 10007 BDA 20077 b (7) the provisions in the plan for initial transportation to the treatment hospital or treatment hospital with approved pediatric transfer, as well as appropriate return transportation, which should include hospital-facilitated and survivor-facilitated options to attempt to minimize survivor wait times while also taking into consideration extenuating factors outside the hospital's control, including which facility is responsible for arranging transportation, transportation options, and hospital-specific factors influencing survivor wait time, including, but not limited to, discharge planning and arranging hospital-facilitated transportation in a manner that minimizes the amount of time a survivor waits for transportation under the proposed plan.

In approving or denying the proposed sexual assault transfer plan, the Department may also consider other factors, including, but not limited to, hospital capacity, emergency department patient volume, communication, and transportation capacity.

The approved areawide plan shall include at least one treatment hospital or treatment hospital with approved pediatric transfer within the SB1602 Enrolled - 14 - LRB104 10007 BDA 20077 b 20-mile radius of the 4-year public university.

SB1602 Engrossed - 12 - LRB104 10007 BDA 20077 b A transfer must be in accordance with federal and State laws and local ordinances.

A treatment hospital with approved pediatric transfer must submit an areawide treatment plan under Section 3 of this Act that includes a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic examinations services to pediatric sexual assault survivors transferred from the treatment hospital with approved pediatric transfer.

A transfer hospital must submit an areawide treatment plan under Section 3 of this Act that includes a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic examinations services to all sexual assault survivors transferred from the transfer hospital.

Notwithstanding anything to the contrary in this paragraph, the areawide SB1602 Enrolled - 15 - LRB104 10007 BDA 20077 b 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 examinations services to sexual assault survivors 13 years of age or older stating that the treatment hospital with approved pediatric transfer will provide medical forensic examinations services to sexual assault survivors 13 years of age or older who are transferred from the transfer hospital.

If the areawide treatment plan includes a written SB1602 Engrossed - 13 - LRB104 10007 BDA 20077 b agreement with a treatment hospital with approved pediatric transfer, it must also include a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic examinations services to sexual assault survivors under 13 years of age who are transferred from the transfer hospital.

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 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 SB1602 Enrolled - 16 - LRB104 10007 BDA 20077 b with a qualified medical provider in accordance with subsection (a-7) of Section 5, whichever occurs first.

After July 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 SB1602 Engrossed - 14 - LRB104 10007 BDA 20077 b 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 acute sexual assault survivors every 2 years.

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

and SB1602 Enrolled - 17 - LRB104 10007 BDA 20077 b (4) information on the hospital's sexual assault-related policies and procedures.

(a-5) A hospital must submit a plan to provide either (i) transfer services to all acute sexual assault survivors, (ii) medical forensic examinations services to all acute sexual assault survivors, or (iii) transfer services to pediatric acute SB1602 Engrossed - 15 - LRB104 10007 BDA 20077 b sexual assault survivors and medical forensic examinations services to sexual assault survivors 13 years old or older as required in subsection (a) of this Section within 60 days of the Department's request.

If the Department determines that the modified plan is unacceptable, or if the hospital fails to submit a modified plan within 10 days, the Department may impose a fine of up to $500 per day until an acceptable plan has been submitted, as determined by SB1602 Enrolled - 18 - LRB104 10007 BDA 20077 b the Department.

(b) An approved pediatric health care facility may provide medical forensic examinations services, in accordance with rules adopted by the Department, to acute all sexual assault survivors under the age of 18 who present for medical forensic examinations services in relation to injuries or trauma resulting from a sexual assault.

A pediatric health care facility must participate in or SB1602 Engrossed - 16 - LRB104 10007 BDA 20077 b submit an areawide treatment plan under Section 3 of this Act that includes a treatment hospital.

If the Department 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 examinations services for acute sexual assault survivors under the age of 18, then the Department shall approve the plan.

If the SB1602 Enrolled - 19 - LRB104 10007 BDA 20077 b Department does not approve a plan, then the Department shall notify the pediatric health care facility that the proposed plan has not been approved.

A pediatric health care facility may not provide medical forensic examinations services to sexual assault survivors under the age of 18 who present with a complaint of SB1602 Engrossed - 17 - LRB104 10007 BDA 20077 b acute 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.

(5) has a black background with white bold capital SB1602 Enrolled - 20 - LRB104 10007 BDA 20077 b 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;

SB1602 Engrossed - 18 - LRB104 10007 BDA 20077 b and (7) has lighting that is part of the sign itself or is lit with a dedicated light that fully illuminates the sign.

SB1602 Enrolled - 21 - LRB104 10007 BDA 20077 b (d) Every treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility's sexual assault treatment plan or sexual assault transfer plan shall include procedures for complying with mandatory reporting requirements pursuant to (1) the Abused and Neglected Child Reporting Act;

SB1602 Engrossed - 19 - LRB104 10007 BDA 20077 b (e) Each treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility shall submit to the Department every 6 months, in a manner prescribed by the Department, the following information:

and (C) declined by (i) all acute sexual assault SB1602 Enrolled - 22 - LRB104 10007 BDA 20077 b survivors and (ii) pediatric acute sexual assault survivors.

1-1-23.) SB1602 Engrossed - 20 - LRB104 10007 BDA 20077 b (410 ILCS 70/2.05) Sec.

(b) On July 1, 2026 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 SB1602 Enrolled - 23 - LRB104 10007 BDA 20077 b provide:

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

The Department shall post the report on its Internet website on or before October 1, 2026 2019 and, except as otherwise provided in this Section, update the report every SB1602 Engrossed - 21 - LRB104 10007 BDA 20077 b quarter thereafter.

Once a hospital or approved pediatric health care facility submits and implements the required Plan of Correction, SB1602 Enrolled - 24 - LRB104 10007 BDA 20077 b the Department shall immediately update the report on its Internet website to reflect that hospital or approved pediatric health care facility's compliance.

SB1602 Engrossed - 22 - LRB104 10007 BDA 20077 b (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.

SB1602 Enrolled - 25 - LRB104 10007 BDA 20077 b 102-674, eff.

11-30-21.) (410 ILCS 70/2.1)70/2.2) (fromSec. 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 and rules adopted under this Act, the surveyor shall provide the hospital or approved pediatric health care facility with a written warning of SB1602 Engrossed - 23 - LRB104 10007 BDA 20077 b violation and a statement of deficiencies listing the 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 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 $500 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 a hospital submits 2 Plans of Correction that are found to not be acceptable by the Department, the hospital shall become subject to the imposition of a $2,500 fine by the Department.

SB1602 Engrossed - 24 - LRB104 10007 BDA 20077 b 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.

If an approved pediatric facility submits 2 Plans of Correction that are found to not be acceptable by the Department, the approved pediatric health care facility shall become subject to the imposition of a fine by the Department and the termination of its approved sexual assault treatment plan.

(c) Before imposing a fine pursuant to this Section, the 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 January 1, 2024.

(Source:

P.A.

101-81, eff.

7-12-19;

101-634, eff.

6-5-20;

102-22, eff.

6-25-21;

102-674, eff.

11-30-21;

102-1106, eff.

1-1-23.) SB1602 Engrossed - 25 - LRB104 10007 BDA 20077 b (410 ILCS 70/2.2) Sec.

the indications and contraindications and risks associated SB1602 EngrossedEnrolled - 26 - LRB104 10007 BDA 20077 b the indications and contraindications and risks associated with the use of emergency contraception;

11-30-21.) (410 ILCS 70/3) (from Ch.

111 1/2, par.

87-3) Sec.

3.

Areawide sexual assault treatment plans;

submission.

(a) Hospitals and approved pediatric health care SB1602 Enrolled - 27 - LRB104 10007 BDA 20077 b facilities in the area to be served may develop and participate in areawide plans that shall describe the medical forensic examinations 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 examinations services for the people of the area to be served.

(b) This Section is effective on and after January 1, 2024.

(Source:

P.A.

101-634, eff.

6-5-20;

102-22, eff.

6-25-21;

102-674, eff.

Minimum requirements for medical forensic examinations services provided to sexual assault survivors by SB1602 Enrolled - 28 - LRB104 10007 BDA 20077 b hospitals and approved pediatric health care facilities.

(a) Every hospital and approved pediatric health care SB1602 Engrossed - 27 - LRB104 10007 BDA 20077 b facility providing medical forensic examinations services to acute 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).

(1) Appropriate medical forensic examinations 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.

SB1602 Enrolled - 29 - LRB104 10007 BDA 20077 b Records of medical forensic examinations services, including results of examinations and tests, the Illinois State SB1602 Engrossed - 28 - LRB104 10007 BDA 20077 b Police Medical Forensic Documentation Forms, the Illinois State Police Patient Discharge Materials, and the Illinois State Police Patient Consent:

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

If the offer to complete the Illinois State Police Sexual Assault Evidence Collection Kit is accepted by the survivor, then evidence collection shall be completed based on the qualified medical SB1602 Enrolled - 30 - LRB104 10007 BDA 20077 b provider's clinical discretion, best practices for evidence collection, and information provided by the sexual assault survivor.

A patient may decline any portion of the Illinois State Police Sexual Assault Evidence Kit, SB1602 Engrossed - 29 - LRB104 10007 BDA 20077 b but if any evidence is collected, then that shall constitute evidence collection being completed for the purposes of this Section and subsection (e) of Section 2.

(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 SB1602 Enrolled - 31 - LRB104 10007 BDA 20077 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 SB1602 Engrossed - 30 - LRB104 10007 BDA 20077 b with a complaint of sexual assault within a minimum of 96 hours after the sexual assault.

(2) Appropriate oral and written information concerning the possibility of infection, sexually transmitted infection, including an evaluation of the SB1602 Enrolled - 32 - LRB104 10007 BDA 20077 b 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 SB1602 Engrossed - 31 - LRB104 10007 BDA 20077 b 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.

Photo documentation does not SB1602 Enrolled - 33 - LRB104 10007 BDA 20077 b 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 SB1602 Engrossed - 32 - LRB104 10007 BDA 20077 b sexually transmitted infection.

(11) Written information regarding the Illinois State SB1602 Enrolled - 34 - LRB104 10007 BDA 20077 b Police sexual assault evidence tracking system.

(a-7) Every hospital with a treatment plan approved by the Department and every approved pediatric health care facility shall employ or contract with a qualified medical provider to SB1602 Engrossed - 33 - LRB104 10007 BDA 20077 b initiate a medical forensic examination services to a sexual assault survivor within 90 minutes of a concern arising at the hospital or facility of acute sexual assault the patient presenting to the treatment hospital or treatment hospital with approved pediatric transfer.

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

(b) Before a medical forensic servicesexamination areis provided, consent must be obtained in accordance with this Section.

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

(2) If a minor sexual assault survivor under the age of 18 is unable to consent to a medical forensic examination services, the examination services may be provided with the consent of the survivor's parent, guardian, or health care power of attorney and with the assent of the sexual assault survivor under the Consent by SB1602 Enrolled - 35 - LRB104 10007 BDA 20077 b Minors to Health Care Services Act, the Health Care Surrogate Act, or other applicable State and federal laws.

(3) If an adult sexual assault survivor is unable to consent to a medical forensic services,examination, the servicesexamination may be SB1602 Engrossed - 34 - LRB104 10007 BDA 20077 b provided with the consent of the survivor's guardian or health care power of attorney and with the assent of the sexual assault survivor.

(b-5) Every hospital or approved pediatric health care facility providing medical forensic examinations services to acute 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.

1-1-23.) SB1602 Enrolled - 36 - LRB104 10007 BDA 20077 b (410 ILCS 70/5.2)70/5.1) Sec.

5.1.

Storage, retention, and dissemination of photo documentation relating to medical forensic examinations services.

(a) Photo documentation taken during a medical forensic examination shall be maintained by the hospital or approved pediatric health care facility as part of the patient's medical record.

Photo documentation shall be stored and backed up securely in its original file format in accordance with facility protocol.

The facility protocol shall require limited access to the images and be included in the sexual assault treatment plan submitted to the Department.

Photo documentation of a sexual assault survivor under the age of 18 shall be retained for a period of 60 years after the sexual assault survivor reaches the age of 18.

Photo documentation of a sexual assault survivor 18 years of age or older shall be retained for a period of 20 years after the record was created.

Photo documentation of the sexual assault survivor's injuries, anatomy involved in the assault, or other visible evidence on the sexual assault survivor's body may be used for peer review, expert second opinion, or in a criminal proceeding against a person accused of sexual assault, a proceeding under the Juvenile Court Act of 1987, or in an SB1602 Enrolled - 37 - LRB104 10007 BDA 20077 b investigation under the Abused and Neglected Child Reporting Act.

Any dissemination of photo documentation, including for peer review, an expert second opinion, or in any court or administrative proceeding or investigation, must be in accordance with State and federal law.

(b) This Section is effective on and after January 1, 2024.

(Source:

P.A.

101-634, eff.

6-5-20;

102-22, eff.

6-25-21;

102-674, eff.

11-30-21.) (410 ILCS 70/5.2) Sec.

(a) A sexual assault services voucher shall be issued by SB1602 Engrossed - 35 - LRB104 10007 BDA 20077 b the a treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility where at the time a sexual assault survivor first presents seeking a receives medical forensic examination or medical care and treatment services.

(1) Identification of employee positions responsible SB1602 Enrolled - 38 - LRB104 10007 BDA 20077 b for issuing sexual assault services vouchers.

The transfer hospital shall make a copy of the voucher and SB1602 Engrossed - 36 - LRB104 10007 BDA 20077 b place it in the medical record of the sexual assault survivor.

(c) A sexual assault services voucher may be used to seek payment for any ambulance services, medical forensic services,examination, laboratorymedical services,care pharmacy services, and follow-uptreatment healthcare provided as adefined resultby of77 theIll. sexual assault.

(d)Adm. Any treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy may submit a bill for services provided to a sexual assault survivor as a result of a sexual assault to the Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program.

Code Part 545 services, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault.

(d) Any treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care SB1602 Enrolled - 39 - LRB104 10007 BDA 20077 b facility, health care professional, ambulance provider, laboratory, or pharmacy may submit a bill for services provided to a sexual assault survivor as a result of a sexual assault to the Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program.

The Department of Healthcare and Family Services Sexual SB1602 Engrossed - 37 - LRB104 10007 BDA 20077 b Assault Emergency Treatment Program shall electronically verify, using the Medical Electronic Data Interchange or a successor system, that a sexual assault services voucher was issued to a sexual assault survivor prior to issuing payment for the services.

If a sexual assault services voucher was not issued to a sexual assault survivor by the treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility, then a health care professional, ambulance provider, laboratory, or pharmacy may SB1602 Enrolled - 40 - LRB104 10007 BDA 20077 b submit a request to the Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program to issue a sexual assault services voucher.

In addition to immediate health issues, such as sexually transmitted infections, physical injuries, and psychological trauma, child sexual abuse victims are at SB1602 Engrossed - 38 - LRB104 10007 BDA 20077 b greater risk for a plethora of adverse psychological and somatic problems into adulthood in contrast to those who were not sexually abused.

Sexual abuse is often hidden by perpetrators, unwitnessed by others, and may leave no SB1602 Enrolled - 41 - LRB104 10007 BDA 20077 b obvious physical signs on child victims.

(4) There is a need in Illinois to increase the number of qualified medical providers available to provide medical forensic examinations services to pediatric sexual assault survivors.

(b) If a medically stable pediatric acute sexual assault survivor presents at a transfer hospital or treatment hospital with approved pediatric transfer that has a plan approved by the Department requesting a medical forensic examination services, then the hospital emergency department staff shall contact an approved pediatric health care facility, if one is designated in the SB1602 Engrossed - 39 - LRB104 10007 BDA 20077 b hospital's plan, then the patient and non-offending parent or legal guardian shall be given the option to transfer to the approved pediatric health care facility during posted hours of operation or a treatment hospital.

If the transferring hospital confirms that medical forensic services can be initiated within 90 minutes of the patient's arrival at the approved pediatric health care facility following an immediate transfer, then the hospital emergency department staff shall notify the patient and SB1602 Enrolled - 42 - LRB104 10007 BDA 20077 b non-offending parent or legal guardian that the patient will be transferred for medical forensic services and shall provide the patient and non-offending parent or legal guardian the option of being transferred to the approved pediatric health care facility or the treatment hospital designated in the hospital's plan.

If medical forensic services cannot be initiated within 90 minutes of the patient's arrival at the approved pediatric health care facility, there is no approved pediatric health care facility designated in the hospital's plan, or the patient or non-offending parent or legal guardian chooses to be transferred to a treatment hospital, the hospital emergency department staff shall contact a treatment hospital designated in the hospital's plan to arrange for the transfer of the patient to the treatment hospital for medical forensic SB1602 Engrossed - 40 - LRB104 10007 BDA 20077 b services, which are to be initiated within 90 minutes of the patient's arrival at the treatment hospital.

(c) AWhen treatmenta hospitalqualified withmedical approvedprovider who is qualified to treat pediatric transfersurvivors mayof offersexual medicalassault forensicis servicesavailable, toa treatment hospital with approved pediatric acutetransfer sexualmay assaultoffer survivorsSB1602 inEnrolled lieu- of43 transfer- whenLRB104 a10007 qualifiedBDA medical20077 providerb whomedical isforensic qualifiedexaminations to treat pediatric survivorsacute of sexual assault issurvivors available, subject to prior approval from the Department.

Prior to granting approval, the Department shall (i) confirm the treatment hospital with approved pediatric transfer is working towardstoward becoming a treatment hospital and (ii) consult with the treatment hospital that receives acute pediatric sexual assault survivors from the treatment hospital with approved pediatric transfer pursuant to the plan approved by the Department.

If medical forensic services can be initiated within 90 SB1602 Engrossed - 41 - LRB104 10007 BDA 20077 b minutes after the patient's arrival at the approved pediatric health care facility following an immediate transfer, the hospital emergency department staff shall provide the patient and non-offending parent or legal guardian the option of having medical forensic services performed at the treatment hospital or at the approved pediatric health care facility.

If the patient or non-offending parent or legal guardian chooses to be transferred, the pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal SB1602 Enrolled - 44 - LRB104 10007 BDA 20077 b vehicle.

MedicalA medical forensic servicesexamination shall be initiated within 90 minutes of the SB1602 Engrossed - 42 - LRB104 10007 BDA 20077 b acute sexual assault survivor's arrival at the approved pediatric health care facility following an immediate transfer during posted hours of operation.

(e) (d) If a pediatric acute sexual assault survivor presents at an approved pediatric health care facility requesting medical forensic services or the facility is contacted by law enforcement or the Department of Children and Family Services requesting a medical forensic examination services for a pediatric acute sexual assault survivor during SB1602 Enrolled - 45 - LRB104 10007 BDA 20077 b posted hours of operation, then the medical forensic examination services shall be provided at the facility if the medical forensic services can be initiated within 90 minutes after the patient's arrival at the facility.

SB1602 Engrossed - 43 - LRB104 10007 BDA 20077 b (a) Nothing in this Section shall prohibit the transfer of a patient in need of medical services from a hospital that has been designated as a trauma center by the Department in accordance with Section 3.90 of the Emergency Medical Services (EMS) Systems Act.

(b) A transfer hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility may transfer a sexual assault survivor to an out-of-state SB1602 Enrolled - 46 - LRB104 10007 BDA 20077 b hospital that is located in a county that borders Illinois if the out-of-state hospital:

(ii) comply with all requirements of this Act applicable to treatment hospitals, including, but not limited to, offering evidence collection to any Illinois sexual assault survivor who presents with a complaint of acute sexual assault within a minimum of the last 7 days 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 and not billing the sexual assault survivor for the medical forensic examination services or 180 days of follow-up healthcare;

(iii) use an Illinois State Police Sexual Assault SB1602 Engrossed - 44 - LRB104 10007 BDA 20077 b Evidence Collection Kit to collect forensic evidence from an Illinois acute sexual assault survivor;

and (v) provide appropriate transportation upon the completion of a medical forensic examination services back to the transfer hospital or treatment hospital with SB1602 Enrolled - 47 - LRB104 10007 BDA 20077 b pediatric transfer where the sexual assault survivor initially presented seeking a medical forensic examination services, unless the sexual assault survivor chooses to arrange his or her own transportation.

6-30-23.) (410 ILCS 70/6.5)70/5.5) Sec.

5.5.

Minimum reimbursement requirements for follow-up healthcare.

(a) Every hospital, pediatric health care facility, health care professional, laboratory, or pharmacy that provides follow-up healthcare to a sexual assault survivor, with the consent of the sexual assault survivor and as ordered by the attending physician, an advanced practice registered nurse, or physician assistant shall be reimbursed for the follow-up healthcare services provided.

Follow-up healthcare services include, but are not limited to, the following:

(1) a physical examination;

(2) laboratory tests to determine the presence or absence of sexually transmitted infection;

and (3) appropriate medications, including HIV prophylaxis, in accordance with the Centers for Disease Control and Prevention's guidelines.

SB1602 Enrolled - 48 - LRB104 10007 BDA 20077 b (b) Reimbursable follow-up healthcare is limited to office visits with a physician, advanced practice registered nurse, or physician assistant within 180 days after an initial visit as a result of the sexual assault for hospital medical forensic services.

(c) Nothing in this Section requires a hospital, pediatric health care facility, health care professional, laboratory, or pharmacy to provide follow-up healthcare to a sexual assault survivor.

(d) This Section is effective on and after January 1, 2024.

(Source:

P.A.

101-634, eff.

6-5-20;

102-22, eff.

6-25-21;

102-674, eff.

11-30-21;

102-1097, eff.

1-1-23.) (410 ILCS 70/6.2) (from Ch.

111 1/2, par.

87-6.2) Sec.

6.2.

Assistance and grants.

(a) The Department shall assist in the development and operation of programs which provide medical forensic examinations services to sexual assault survivors, and, where necessary, to provide grants to hospitals and approved pediatric health care facilities for this purpose.

(b) This Section is effective on and after January 1, 2024.

(Source:

P.A.

101-634, eff.

6-5-20;

102-22, eff.

6-25-21;

102-674, eff.

11-30-21.) SB1602 Enrolled - 49 - LRB104 10007 BDA 20077 b (410 ILCS 70/6.5) Sec.

(a) Upon the completion of a medical forensic examination services, the health care professional providing the medical forensic examination services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing, if collected.

The written consent shall be on a form included in the sexual assault SB1602 Engrossed - 45 - LRB104 10007 BDA 20077 b evidence collection kit and posted on the Illinois State Police website.

(3) If the survivor is an adult who has a guardian of SB1602 Enrolled - 50 - LRB104 10007 BDA 20077 b the person, a health care surrogate, or an agent acting under a health care power of attorney, the consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault or sexual abuse.

If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer SB1602 Engrossed - 46 - LRB104 10007 BDA 20077 b may authorize the release.

(c) If a written consent to allow law enforcement to hold the sexual assault evidence is signed at the completion of the medical forensic examination services, the hospital or approved pediatric health care facility shall include the SB1602 Enrolled - 51 - LRB104 10007 BDA 20077 b following information in its discharge instructions:

(2) a person authorized to consent to the testing of the sexual assault evidence may sign a written consent to allow law enforcement to test the sexual assault evidence at any time during that 10-year period for an adult SB1602 Engrossed - 47 - LRB104 10007 BDA 20077 b victim, or until a minor victim turns 28 years of age by (A) contacting the law enforcement agency having jurisdiction, or if unknown, the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act;

SB1602 Enrolled - 52 - LRB104 10007 BDA 20077 b (Source:

11-30-21.) (410 ILCS 70/7.5)70/6.6) Sec.

6.6.

Submission of sexual assault evidence.

(a) As soon as practicable, but in no event more than 4 hours after the completion of a medical forensic examination services, the hospital or approved pediatric health care facility shall make reasonable efforts to determine the law enforcement agency having jurisdiction where the sexual assault occurred, if sexual assault evidence was collected.

The hospital or approved pediatric health care facility may obtain the name of the law enforcement agency with jurisdiction from the local law enforcement agency.

(b) Within 4 hours after the completion of a medical forensic examination services, the hospital or approved pediatric health care facility shall notify the law enforcement agency having jurisdiction that the hospital or approved pediatric health care facility is in possession of sexual assault evidence and the date and time the collection of evidence was completed.

The hospital or approved pediatric health care facility shall document the notification in the patient's medical records and shall include the agency notified, the date and time of the notification and the name of the person who received the notification.

This notification to the law enforcement agency having jurisdiction satisfies the SB1602 Enrolled - 53 - LRB104 10007 BDA 20077 b hospital's or approved pediatric health care facility's requirement to contact its local law enforcement agency under Section 3.2 of the Criminal Identification Act.

(c) If the law enforcement agency having jurisdiction has not taken physical custody of sexual assault evidence within 5 days of the first contact by the hospital or approved pediatric health care facility, the hospital or approved pediatric health care facility shall renotify the law enforcement agency having jurisdiction that the hospital or approved pediatric health care facility is in possession of sexual assault evidence and the date the sexual assault evidence was collected.

The hospital or approved pediatric health care facility shall document the renotification in the patient's medical records and shall include the agency notified, the date and time of the notification and the name of the person who received the notification.

(d) If the law enforcement agency having jurisdiction has not taken physical custody of the sexual assault evidence within 10 days of the first contact by the hospital or approved pediatric health care facility and the hospital or approved pediatric health care facility has provided renotification under subsection (c) of this Section, the hospital or approved pediatric health care facility shall contact the State's Attorney of the county where the law enforcement agency having jurisdiction is located.

The hospital or approved pediatric health care facility shall inform the State's Attorney that SB1602 Enrolled - 54 - LRB104 10007 BDA 20077 b the hospital or approved pediatric health care facility is in possession of sexual assault evidence, the date the sexual assault evidence was collected, the law enforcement agency having jurisdiction, the dates, times and names of persons notified under subsections (b) and (c) of this Section.

The notification shall be made within 14 days of the collection of the sexual assault evidence.

(e) This Section is effective on and after January 1, 2024.

(Source:

P.A.

101-634, eff.

6-5-20;

102-22, eff.

6-25-21;

102-674, eff.

11-30-21.) (410 ILCS 70/7) Sec.

7.

Reimbursement.

(a) A hospital, approved pediatric health care facility, or health care professional furnishing medical forensic examinations, medical care and treatment as defined by 77 Ill.

Adm.

Code Part 545 services, an ambulance provider furnishing transportation to a sexual assault survivor, a hospital, health care professional, or laboratory providing follow-up healthcare, or a pharmacy dispensing prescribed medications to any sexual assault survivor shall furnish such services or medications to that person without charge and shall seek payment as follows:

(1) If a sexual assault survivor is eligible to receive benefits under the medical assistance program SB1602 Enrolled - 55 - LRB104 10007 BDA 20077 b under Article V of the Illinois Public Aid Code, the ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy must submit the bill to the Department of Healthcare and Family Services or the appropriate Medicaid managed care organization and accept the amount paid as full payment.

(2) If a sexual assault survivor is covered by one or more policies of health insurance or is a beneficiary under a public or private health coverage program, the ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy shall bill the insurance company or program.

With respect to such insured patients, applicable deductible, co-pay, co-insurance, denial of claim, or any other out-of-pocket insurance-related expense may be submitted to the Illinois Sexual Assault Emergency Treatment Program of the Department of Healthcare and Family Services in accordance with 89 Ill.

Adm.

Code 148.510 for payment at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code.

The ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy shall accept the amounts paid by the insurance company or health coverage program and the Illinois Sexual Assault Treatment Program as full payment.

SB1602 Enrolled - 56 - LRB104 10007 BDA 20077 b (3) If a sexual assault survivor (i) is neither eligible to receive benefits under the medical assistance program under Article V of the Illinois Public Aid Code nor covered by a policy of insurance or a public or private health coverage program or (ii) opts out of billing a private insurance provider, as permitted under subsection (a-5) of Section 7.5, the ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy shall submit the request for reimbursement to the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services in accordance with 89 Ill.

Adm.

Code 148.510 at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code.

(4) If a sexual assault survivor presents a sexual assault services voucher for follow-up healthcare, the healthcare professional, pediatric health care facility, or laboratory that provides follow-up healthcare or the pharmacy that dispenses prescribed medications to a sexual assault survivor shall submit the request for reimbursement for follow-up healthcare, pediatric health care facility, laboratory, or pharmacy services to the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services in accordance with 89 Ill.

Adm.

Code 148.510 at the SB1602 Enrolled - 57 - LRB104 10007 BDA 20077 b Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code.

Nothing in this subsection (a) precludes hospitals or approved pediatric health care facilities from providing follow-up healthcare and receiving reimbursement under this Section.

(b) Nothing in this Section precludes a hospital, health care provider, ambulance provider, laboratory, or pharmacy from billing the sexual assault survivor or any applicable health insurance or coverage for inpatient services.

(b-5) Medical forensic examinations services furnished by a qualified medical provider person or entity described under subsection (a) to any sexual assault survivor on or after July 1, 2022 that are required under this Act to be reimbursed by the Department of Healthcare and Family Services, the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services, or the appropriate Medicaid managed care organization shall be reimbursed at a rate of at least $1,000 or at allowable rates under the Illinois Public Aid Code, whichever is greater.

(b-7) Medical care and treatment as defined by 77 Ill.

Adm.

Code Part 545 furnished to any sexual assault survivor to be reimbursed by the Department of Healthcare and Family Services, the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services, or the appropriate Medicaid managed care organization shall be reimbursed at allowable rates under the SB1602 Enrolled - 58 - LRB104 10007 BDA 20077 b Illinois Public Aid Code.

(c) (Blank).

(d) (Blank).

(e) The Department of Healthcare and Family Services shall establish standards, rules, and regulations to implement this Section.

(f) This Section is effective on and after January 1, 2024.

(Source:

P.A.

102-22, eff.

6-25-21;

102-674, eff.

11-30-21;

102-699, Article 30, Section 30-5, eff.

4-19-22;

102-699, Article 35, Section 35-5 (See Section 99-99 of P.A.

102-699 and Section 99 of P.A.

102-1097 regarding the effective date of changes made in Article 35 of P.A.

102-699);

103-154, eff.

6-30-23.) (410 ILCS 70/7.5) Sec.

(a) A hospital, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or SB1602 Engrossed - 48 - LRB104 10007 BDA 20077 b pharmacy furnishing a medical forensic examination services, transportation,medical follow-upcare healthcare,and ortreatment medicationas todefined aby sexual77 assaultIll. survivor shall not:

(1)Adm. charge or submit a bill for any portion of the costs of the services, transportation, or medications to the sexual assault survivor, including any insurance deductible, co-pay, co-insurance, denial of claim by an insurer, spenddown, or any other out-of-pocket expense;

Code Part 545 transportation, follow-up healthcare, or medication to a sexual assault survivor shall not:

(1) charge or submit a bill for any portion of the SB1602 Enrolled - 59 - LRB104 10007 BDA 20077 b costs of the services, transportation, or medications to the sexual assault survivor, including any insurance deductible, co-pay, co-insurance, denial of claim by an insurer, spenddown, or any other out-of-pocket expense;

(a-5) Notwithstanding any other provision of law, including, but not limited to, subsection (a), a sexual assault survivor who is not the subscriber or primary policyholder of the sexual assault survivor's insurance policy may opt out of billing the sexual assault survivor's private SB1602 Engrossed - 49 - LRB104 10007 BDA 20077 b insurance provider.

If the sexual assault survivor opts out of billing the sexual assault survivor's private insurance provider, then the bill for the medical forensic examination services shall be sent to the Department of Healthcare and SB1602 Enrolled - 60 - LRB104 10007 BDA 20077 b Family Services' Sexual Assault Emergency Treatment Program for reimbursement for the services provided to the sexual assault survivor.

(2) a statement that a sexual assault survivor who is admitted to a hospital may be billed for inpatient SB1602 Engrossed - 50 - LRB104 10007 BDA 20077 b services provided by a hospital, health care professional, laboratory, or pharmacy;

(3) a statement that prior to leaving the hospital or SB1602 Enrolled - 61 - LRB104 10007 BDA 20077 b approved pediatric health care facility, the hospital or approved pediatric health care facility will give the sexual assault survivor a sexual assault services voucher for follow-up healthcare if the sexual assault survivor is eligible to receive a sexual assault services voucher;

(5) (blank)(blank); a phone number the sexual assault survivor may call should the sexual assault survivor receive a bill from the hospital or approved pediatric health care facility for medical forensic services;

a phone number the sexual assault survivor may call should the sexual assault survivor receive a bill from the hospital or approved pediatric health care facility for medical forensic services;

(d) Within 60 days after the effective date of this amendatory Act of the 99th General Assembly, every health care professional, except for those employed by a hospital or SB1602 Engrossed - 51 - LRB104 10007 BDA 20077 b hospital affiliate, as defined in the Hospital Licensing Act, or those employed by a hospital operated under the University of Illinois Hospital Act, who bills separately for medical or SB1602 Enrolled - 62 - LRB104 10007 BDA 20077 b forensic services must develop a billing protocol that ensures that no survivor of sexual assault will be sent a bill for any medical forensic services and submit the billing protocol to the Office of the Attorney General for approval.

Within 60 days after the Department's approval of a treatment plan, a hospital or an approved pediatric health care facility and any health care professional employed by an approved pediatric health care facility must develop a billing protocol that ensures that no survivor of sexual assault is sent a bill for any medical forensic examination services and submit the billing protocol to the Office of the Attorney General for approval.

SB1602 Engrossed - 52 - LRB104 10007 BDA 20077 b The billing protocol must include at a minimum:

(1) (blank)(blank); a description of training for persons who prepare bills for medical and forensic services;

(2) (blank) a writtendescription acknowledgementof signedtraining byfor apersons person who hasprepare completedbills thefor trainingmedical thatand theforensic personservices; will not bill survivors of sexual assault;

(3)SB1602 prohibitionsEnrolled on- submitting63 any- billLRB104 for10007 anyBDA portion20077 ofb medical(2) forensic(blank); services provided to a survivor of sexual assault to a collection agency;

(4)a (blank)written prohibitionsacknowledgement onsigned takingby anya actionperson thatwho wouldhas adverselycompleted affect the credittraining ofthat the survivorperson will not bill survivors of sexual assault;

(5)(3) (blank)prohibitions theon terminationsubmitting ofany allbill collectionfor activitiesany ifportion of the protocolmedical isforensic violated;examination services provided to a survivor of sexual assault to a collection agency;

(4) (blank);

prohibitions on taking any action that would adversely affect the credit of the survivor of sexual assault;

(5) (blank);

the termination of all collection activities if the protocol is violated;

andand. .

A hospital or approved pediatric health care facility shall provide a copy of theirits billing protocol upon request SB1602 Engrossed - 53 - LRB104 10007 BDA 20077 b The Office of the Attorney General shall approve a proposed protocol if it finds that the implementation of the protocol SB1602 Enrolled - 64 - LRB104 10007 BDA 20077 b would result in no survivor of sexual assault being billed or sent a bill for medical forensic services.

SB1602 Engrossed - 54 - LRB104 10007 BDA 20077 b 102-22, eff.

1-1-23.) SB1602 Enrolled - 65 - LRB104 10007 BDA 20077 b (410 ILCS 70/8) (from Ch.

Violations and penalties Penalties.

After(b) receivingThe aDepartment complaint,may work with the DepartmentAttorney shallGeneral determineto whetherverify acomplaints violationthat ofthe anyAttorney provisionGeneral's ofOffice theHealth ActCare Bureau has occurred.received as set forth in Section 7.5.

The(c) After receiving a complaint, the Department mayshall workdetermine withwhether the Attorneyhospital General'sor Officeapproved topediatric verifyhealth complaintscare thatfacility theis Attorneynot General'sin Officecompliance Healthwith Careits Bureauapproved hasplan receivedor pursuantif toa Sectionviolation 7.5.of any provision of this Act or rules adopted under this Act has occurred.

Upon determining a violation of any provision of thethis Act or rules adopted under this Act has occurred, the Department shall issue a written warningnotice of violation andthat statementincludes of deficiencies listing the specific items of noncompliance to the hospital or approved pediatric health care facility.

(d) The Departmenthospital mayshall issuehave 10 business days to submit to the Department a writtenplan warningof withoutcorrection monetarythat penaltycontains the hospital's or approved pediatric health care facility's specific proposals for correcting the initialitems violation.of noncompliance.

The hospitalDepartment orshall approvedreview pediatricthe healthplan careof facilitycorrection mayand replynotify to the Departmenthospital within writtenwriting commentswithin and10 abusiness responsedays as to whether the violationsplan citedis byacceptable theor Department.unacceptable.

If the Department deemsSB1602 theEnrolled response- to66 be- inadequateLRB104 to10007 theBDA notice20077 ofb violation,finds the Departmentplan mayof imposecorrection aunacceptable, civil monetary penalty against the hospital or approved pediatric health care SB1602facility Engrossedshall -have 5510 -business LRB104days 10007to BDAresubmit 20077an bacceptable facilityplan asof follows:correction.

(1)Upon thenotification Departmentthat shallits issueplan of correction is acceptable, a minimumhospital fineor ofapproved $1,500pediatric buthealth lesscare thanfacility $3,000shall forimplement athe secondplan violation;of correction within 60 days.

andThe (2)Department atmay leastconduct $3,000additional butsurveys lessor thanrequest $5,000documentation forfrom athe thirdhospital or subsequentapproved violation.pediatric health care facility, as necessary, to ensure compliance with the accepted plan of correction.

In(e) imposingIf athe monetaryhospital penalty,or approved pediatric health care facility fails to submit an acceptable plan of correction or implement an accepted plan of correction within the Departmenttime shallframes considerrequired in this Section, the followingDepartment factors:may impose a fine as follows:

(1) at least $1,500 but less than $3,000 for a first violation;

and (2) at least $3,000 but less than $5,000 for a second or subsequent violation.

(f) In imposing a fine, the Department shall consider the following factors:

(2) any historical pattern or practice of noncompliance with this Act or other Acts, including but not limited to the Hospital Licensing Act;

(3)SB1602 anyEnrolled federal- deficiencies67 cited- byLRB104 the10007 DepartmentBDA in20077 b (3) the lastnumber 5of yearspatients orseeking astreatment citedand bysupport from the Centershospital foror Medicarepediatric andfacility Medicaidaffected (CMS)by in the lastviolation. 5 years;

and(g) (4)The theDepartment's existingnotice andof potentialviolation risksshall toinclude, patientsat seekinga treatmentminimum, and support from the hospitalfollowing: or pediatric facility.

The Department's notice of violation shall include, at a minimum, the following:

(2) an opportunity to present evidence, orally, in writing, or both, on the question of the alleged violation SB1602 Engrossed - 56 - LRB104 10007 BDA 20077 b before an administrative law judge;

(h) The Department shall follow all rules regardingof practice and procedure for hearings conducted under this Section pursuant to 77 Ill.

Code Part 100.

(a-5)(i) The Attorney General may bring an action in the circuit court to enforce the collection of a monetary penalty imposed under this Section.

(a-10)(j) The fines under this Section shall be deposited into theSB1602 SexualEnrolled Assault- Survivor68 Treatment- RegulationLRB104 Fund,10007 aBDA special20077 fundb that is created in the StateSexual treasury,Assault and,Services subjectFund. to appropriation and as directed by the Department of Public Health, may be expended for any purpose under this Act and for no other purpose.

Any hospital or approved pediatric health care facility violating any provisions of this Act other than Section 7.5 shall be guilty of a petty offense for each violation, and any fine imposed shall be paid into the general corporate funds of the city, incorporated town or village in which the hospital or approved pediatric health care facility SB1602 Engrossed - 57 - LRB104 10007 BDA 20077 b is located, or of the county, in case such hospital is outside the limits of any incorporated municipality.

(b) (Blank).The Attorney General may seek the assessment of one or more of the following civil monetary penalties in any action filed under this Act where the hospital, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy knowingly violates Section 7.5 of the Act:

The Attorney General may seek the assessment of one or more of the following civil monetary penalties in any action filed under this Act where the hospital, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy knowingly violates Section 7.5 of the Act:

(3) For violations of paragraph (3) of subsection (a) of Section 7.5, the civil monetary penalty shall not exceed $500 for each day the bill is with a collection SB1602 Enrolled - 69 - LRB104 10007 BDA 20077 b agency.

SB1602 Engrossed - 58 - LRB104 10007 BDA 20077 b All civil monetary penalties shall be deposited into the Violent Crime Victims Assistance Fund.

(k) (c) This Section is effective on and after January 1, 2024.

(b) By March 1, 2019, the Sexual Assault Nurse Examiner Program shall develop and make available to hospitals 2 hours of online sexual assault training for emergency department SB1602 Enrolled - 70 - LRB104 10007 BDA 20077 b clinical staff to meet the training requirement established in subsection (a) of Section 2.

SB1602 Engrossed - 59 - LRB104 10007 BDA 20077 b The Sexual Assault Nurse Examiner Program shall provide didactic and clinical training opportunities consistent with the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses, in sufficient numbers and geographical locations across the State, to assist hospitals with training the necessary number of sexual assault nurse examiners to comply with the requirement of this Act to employ or contract with a qualified medical provider to initiate a medical forensic examination services to a sexual assault survivor within 90 minutes of the patient presenting to the hospital as required in subsection (a-7) of Section 5.

For the purpose of providing continuing medical education credit in accordance with the Medical Practice Act of 1987 and administrative rules adopted under the Medical Practice Act of 1987 and continuing education credit in accordance with the SB1602 Enrolled - 71 - LRB104 10007 BDA 20077 b Nurse Practice Act and administrative rules adopted under the Nurse Practice Act to health care professionals for the completion of sexual assault training provided by the Sexual Assault Nurse Examiner Program under this Act, the Office of the Attorney General shall be considered a State agency.

(c) The Sexual Assault Nurse Examiner Program, in consultation with qualified medical providers, shall create SB1602 Engrossed - 60 - LRB104 10007 BDA 20077 b uniform materials that all hospitals treatment hospitals, treatment hospitals with approved pediatric transfer, and approved pediatric health care facilities are required to give patients and non-offending parents or legal guardians, if applicable, regarding the medical forensic exam procedure, laws regarding consenting to medical forensic examinations services, and the benefits and risks of evidence collection, including recommended time frames for evidence collection pursuant to evidence-based research.

Sexual Assault SB1602 Enrolled - 72 - LRB104 10007 BDA 20077 b Nurse Examiner and Sexual Assault Forensic Examiner qualifications.

(a) The Office of the Attorney General shall maintain a list of qualified medical providers, which includes health care professionals who have been qualified by the Sexual Assault Nurse Examiner Program Coordinator at the Office of the Attorney General to practice as an Adult/Adolescent or Pediatric/Adolescent Sexual Assault Nurse Examiner, or SB1602 Engrossed - 61 - LRB104 10007 BDA 20077 b Adult/Adolescent or Pediatric/Adolescent Sexual Assault Forensic Examiner.

(2) To be qualified as an Adult/Adolescent or SB1602 Enrolled - 73 - LRB104 10007 BDA 20077 b Pediatric/Adolescent Sexual Assault Nurse Examiner, an advanced practice registered nurse or registered professional nurse shall complete didactic and clinical training that is consistent with the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses and approved by the Sexual Assault Nurse Examiner Program Coordinator.

Didactic and clinical training shall be documented in the SB1602 Engrossed - 62 - LRB104 10007 BDA 20077 b form and manner prescribed by the Office of the Attorney General.

The Office of the Attorney General may require health care professionals to meet additional standards to be on the list, SB1602 Enrolled - 74 - LRB104 10007 BDA 20077 b if it is determined necessary at the time to ensure qualification is attained in accordance with applicable laws, rules, regulations, protocols, standards of care, and Sexual Assault Nurse Examiner Program goals.

SB1602 Engrossed - 63 - LRB104 10007 BDA 20077 b Sexual Assault Nurse Examiners and Sexual Assault Forensic Examiners shall submit the following documentation to the Sexual Assault Nurse Examiner Program Coordinator by April 30th of the verification year so the Sexual Assault Nurse Examiner Program Coordinator can ascertain whether standards to remain on the Qualified Medical Provider List have been met.

In lieu of an updated, valid International Association of Forensic Nurses certification, the Sexual Assault Nurse Examiner Coordinator, Emergency Department Director, or the Director of the facility where the health care professional is employed shall attest to the health care professional's continuing education and competency as a qualified medical SB1602 Enrolled - 75 - LRB104 10007 BDA 20077 b provider.

SB1602 Engrossed - 64 - LRB104 10007 BDA 20077 b If the health care professional has had more than a one-year lapse in providing medical forensic servicesexaminations to patients, then a mock medical forensic examination must be completed for skill verification with a sexual assault nurse examiner certified by the International Association of Forensic Nursing.

If a health care professional does not meet the standards to be on the Qualified Medical Provider List after a period to cure an insufficient submission, then the health care professional shall be notified and removed from the SB1602 Enrolled - 76 - LRB104 10007 BDA 20077 b Qualified Medical Provider List.

If a sexual assault nurse examiner or sexual assault forensic examiner on the Qualified Medical Provider list does not verify continued education and competency as a qualified medical provider after 3 years and does not submit documentation to the Sexual Assault Nurse Examiner Program Coordinator by April 30 of the verification year, then the health care professional shall be notified that they will be removed from the Qualified Medical Provider List SB1602 Engrossed - 65 - LRB104 10007 BDA 20077 b in 60 days.

(410 ILCS 70/2.1 rep.) (410 ILCS 70/8.5 rep.) Section 15.10.

The Sexual Assault Survivors Emergency Treatment Act is amended by repealing SectionSections 2.1 and 8.5.