410 ILCS 70/2
(Text of Section after amendment by P.A. 104-386)
(iii) transfer services to pediatric acute sexual assault survivors and medical forensic examinations to acute sexual assault survivors 13 years old or older, in accordance with rules adopted by the Department.
In addition, every such hospital, regardless of whether or not a request is made for reimbursement, shall submit to the Department a plan to provide either (i) transfer services to all acute sexual assault survivors, (ii) medical forensic examinations to all acute sexual assault survivors, or (iii) transfer services to pediatric acute sexual assault survivors and medical forensic examinations to acute sexual assault survivors 13 years old or older within the time frame established by the Department. The Department shall approve such plan for either (i) transfer services to all acute sexual assault survivors, (ii) medical forensic examinations to all acute sexual assault survivors, or (iii) transfer services to pediatric acute sexual assault survivors and medical forensic examinations to acute sexual assault survivors 13 years old or older, if it finds that the implementation of the proposed plan would provide (i) transfer services or (ii) medical forensic examinations for acute sexual assault survivors in accordance with the requirements of this Act and provide sufficient protections from the risk of pregnancy to acute sexual assault survivors. Notwithstanding anything to the contrary in this paragraph, the Department may approve a sexual assault transfer plan for the provision of medical forensic examinations if:
(2) a treatment hospital has agreed, as a part of an areawide treatment plan, to accept acute 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. The Department may not approve a sexual assault transfer plan unless a treatment hospital has agreed, as a part of an areawide treatment plan, to accept acute sexual assault survivors from the proposed transfer hospital and a transfer to the treatment hospital would not unduly burden the sexual assault survivor.
In determining whether to approve a sexual assault transfer plan under this subsection, the Department shall evaluate whether the proposed plan would result in unduly burdensome patient transfers. To avoid unduly burdensome patient transfers, the Department shall consider the following factors in approving or denying the proposed sexual assault transfer plan:
(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.
Hospitals located in counties with a population of less than 1,000,000 and within a 20-mile radius of a 4-year public university shall submit an areawide sexual assault treatment plan that is approved by the Department. The approved areawide plan shall include at least one treatment hospital or treatment hospital with approved pediatric transfer within the 20-mile radius of the 4-year public university.
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 to pediatric sexual assault survivors transferred from the treatment hospital with approved pediatric transfer. The areawide treatment plan may also include an approved pediatric health care facility.
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 to all sexual assault survivors transferred from the transfer hospital. The areawide treatment plan may also include an approved pediatric health care facility. Notwithstanding anything to the contrary in this paragraph, 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 examinations to sexual assault survivors 13 years of age or older stating that the treatment hospital with approved pediatric transfer will provide medical forensic examinations 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 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 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 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 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. Protocols for training shall be included in the hospital's sexual assault treatment plan.
Sexual assault training provided under this subsection may be provided in person or online and shall include, but not be limited to:
(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 may be used to comply with this subsection.
(b) An approved pediatric health care facility may provide medical forensic examinations, in accordance with rules adopted by the Department, to acute sexual assault survivors under the age of 18 who present for medical forensic examinations in relation to injuries or trauma resulting from a sexual assault. These services shall be provided by a qualified medical provider.
A pediatric health care facility must participate in or submit an areawide treatment plan under Section 3 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 of this Act and that implementation of the proposed plan would provide medical forensic examinations for acute sexual assault survivors under the age of 18, 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 examinations to sexual assault survivors under the age of 18 who present with a complaint of acute sexual assault 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:
(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:
(2) The total number of Illinois State Police Sexual Assault Evidence Collection Kits:
(from Ch. 111 1/2, par. 87-2)
(Source: P.A. 104-386, eff. 1-1-26.)