govt.fyi
Back to SB 1602
Illinois General Assembly· SB 1602Governor Approved

SEXUAL ASSAULT TREATMENT, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SB1602 Enrolled                     LRB104 10007 BDA 20077 b

1   AN ACT concerning health.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Sexual Assault Survivors Emergency

5 Treatment Act is amended by changing Sections 1a, 2, 2.05,

6 2.2, 3, 5, 5.1, 5.2, 5.3, 5.4, 5.5, 6.2, 6.5, 6.6, 7, 7.5, 8,

7 and 10 and by adding Section 15 as follows:

8   (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)

9   Sec. 1a. Definitions.

10  (a) In this Act:

11  "Acute sexual assault" means a sexual assault that has

12 recently occurred. For patients under the age of 13, "acute

13 sexual assault" means a sexual assault that has occurred

14 within the past 72 hours. For patients 13 years old or older,

15 "acute sexual assault" means a sexual assault that has

16 occurred within the past 168 hours.

17  "Advanced practice registered nurse" has the meaning

18 provided in Section 50-10 of the Nurse Practice Act.

19  "Ambulance provider" means an individual or entity that

20 owns and operates a business or service using ambulances or

21 emergency medical services vehicles to transport emergency

22 patients.

23  "Approved pediatric health care facility" means a health
    SB1602 Enrolled         -2-     LRB104 10007 BDA 20077 b

1 care facility, other than a hospital, with a sexual assault

2 treatment plan approved by the Department to provide medical

3 forensic examinations services to sexual assault survivors

4 under the age of 18 who present with a complaint of acute

5 sexual assault within a minimum of the last 7 days or who have

6 disclosed past sexual assault by a specific individual and

7 were in the care of that individual within a minimum of the

8 last 7 days.

9   "Areawide sexual assault treatment plan" means a plan,

10 developed by hospitals or by hospitals and approved pediatric

11 health care facilities in a community or area to be served,

12 which provides for medical forensic examinations services to

13 acute sexual assault survivors that shall be made available by

14 each of the participating hospitals and approved pediatric

15 health care facilities.

16  "Assent" means the expressed willingness to participate in

17 an activity or give permission.

18  "Board-certified child abuse pediatrician" means a

19 physician certified by the American Board of Pediatrics in

20 child abuse pediatrics.

21  "Board-eligible child abuse pediatrician" means a

22 physician who has completed the requirements set forth by the

23 American Board of Pediatrics to take the examination for

24 certification in child abuse pediatrics.

25  "Department" means the Department of Public Health.

26  "Emergency contraception" means medication as approved by
    SB1602 Enrolled            -3-  LRB104 10007 BDA 20077 b

1 the federal Food and Drug Administration (FDA) that can

2 significantly reduce the risk of pregnancy if taken within 72

3 hours after sexual assault.

4   "Follow-up healthcare" means healthcare services related

5 to a sexual assault, including laboratory services and

6 pharmacy services, rendered within 180 days of the initial

7 visit as a result of the sexual assault for medical forensic

8 services.

9   "Health care professional" means a physician, a physician

10 assistant, a sexual assault forensic examiner, an advanced

11 practice registered nurse, a registered professional nurse, a

12 licensed practical nurse, or a sexual assault nurse examiner.

13  "Hospital" means a hospital licensed under the Hospital

14 Licensing Act or operated under the University of Illinois

15 Hospital Act, any outpatient center included in the hospital's

16 sexual assault treatment plan where hospital employees provide

17 medical forensic examinations services, and an out-of-state

18 hospital that has consented to the jurisdiction of the

19 Department under Section 2.06.

20  "Illinois State Police Sexual Assault Evidence Collection

21 Kit" means a prepackaged set of materials and forms to be used

22 for the collection of evidence relating to sexual assault. The

23 standardized evidence collection kit for the State of Illinois

24 shall be the Illinois State Police Sexual Assault Evidence

25 Collection Kit.

26  "Law enforcement agency having jurisdiction" means the law
    SB1602 Enrolled      -4-         LRB104 10007 BDA 20077 b

1 enforcement agency in the jurisdiction where an alleged sexual

2 assault or sexual abuse occurred.

3   "Licensed practical nurse" has the meaning provided in

4 Section 50-10 of the Nurse Practice Act.

5   "Medical forensic examination services" means health care

6 delivered to patients in within or under the care and

7 supervision of a qualified medical provider personnel working

8 at in a designated emergency department of a treatment

9 hospital, treatment hospital with approved pediatric transfer,

10 or an approved pediatric health care facility. "Medical

11 forensic examination services" includes, but is not limited

12 to, taking a medical history, performing photo documentation,

13 performing a physical and anogenital examination, assessing

14 the patient for evidence collection, collecting evidence in

15 accordance with a statewide sexual assault evidence collection

16 program administered by the Illinois State Police using the

17 Illinois State Police Sexual Assault Evidence Collection Kit,

18 if appropriate, assessing the patient for drug-facilitated or

19 alcohol-facilitated sexual assault, providing an evaluation of

20 and care for sexually transmitted infection and human

21 immunodeficiency virus (HIV), pregnancy risk evaluation and

22 care, and discharge and follow-up healthcare planning.

23  "Pediatric health care facility" means a clinic or

24 physician's office that provides medical services to patients

25 under the age of 18.

26  "Pediatric sexual assault survivor" means a person under
    SB1602 Enrolled              -5-  LRB104 10007 BDA 20077 b

1 the age of 13 who presents for a medical forensic examination

2 services in relation to injuries or trauma resulting from a

3 sexual assault.

4   "Photo documentation" means digital photographs or

5 colposcope videos stored and backed up securely in the

6 original file format.

7   "Physician" means a person licensed to practice medicine

8 in all its branches.

9   "Physician assistant" has the meaning provided in Section

10 4 of the Physician Assistant Practice Act of 1987.

11  "Prepubescent sexual assault survivor" means a female who

12 is under the age of 18 years and has not had a first menstrual

13 cycle or a male who is under the age of 18 years and has not

14 started to develop secondary sex characteristics who presents

15 for medical forensic services in relation to injuries or

16 trauma resulting from a sexual assault.

17  "Qualified medical provider" means a board-certified child

18 abuse pediatrician, board-eligible child abuse pediatrician, a

19 sexual assault forensic examiner, or a sexual assault nurse

20 examiner who has access to photo documentation tools, and who

21 participates in peer review.

22  "Registered Professional Nurse" has the meaning provided

23 in Section 50-10 of the Nurse Practice Act.

24  "Sexual assault" means:

25  (1) an act of sexual conduct; as used in this

26  paragraph, "sexual conduct" has the meaning provided under
    SB1602 Enrolled         -6-     LRB104 10007 BDA 20077 b

1   Section 11-0.1 of the Criminal Code of 2012; or

2   (2) any act of sexual penetration; as used in this

3   paragraph, "sexual penetration" has the meaning provided

4   under Section 11-0.1 of the Criminal Code of 2012 and

5   includes, without limitation, acts prohibited under

6   Sections 11-1.20 through 11-1.60 of the Criminal Code of

7   2012.

8   "Sexual assault forensic examiner" means a physician or

9 physician assistant who has completed training that meets or

10 is substantially similar to the Sexual Assault Nurse Examiner

11 Education Guidelines established by the International

12 Association of Forensic Nurses.

13  "Sexual assault nurse examiner" means an advanced practice

14 registered nurse or registered professional nurse who is

15 designated as Adult/Adolescent, Pediatric/Adolescent, or both,

16 according to the population of survivors the nurse is

17 qualified to treat and:

18  (1) is certified as a Sexual Assault Nurse Examiner by

19  the International Association of Forensic Nurses; or

20  (2) has completed a sexual assault nurse examiner

21  training program that meets the Sexual Assault Nurse

22  Examiner Education Guidelines established by the

23  International Association of Forensic Nurses and is

24  approved by the Sexual Assault Nurse Examiner Program

25  Coordinator.

26  "Sexual Assault Nurse Examiner Program Coordinator" means
    SB1602 Enrolled             -7-    LRB104 10007 BDA 20077 b

1 an advanced practice registered nurse or a registered

2 professional nurse that is a qualified medical provider, and

3 who is the employee at Attorney General's Office who oversees

4 the Sexual Assault Nurse Examiner Program.

5   "Sexual assault services voucher" means a document

6 generated by a hospital or approved pediatric health care

7 facility where at the time the sexual assault survivor first

8 presents and receives outpatient medical forensic services

9 that may be used to seek payment for any ambulance services, a

10 medical forensic examination, medical care and treatment as

11 defined by 77 Ill. Adm. Code Part 545 services, laboratory

12 services, pharmacy services, and follow-up healthcare provided

13 as a result of the sexual assault.

14  "Sexual assault survivor" means a person who presents for

15 a medical forensic examination or medical care and treatment

16 services in relation to injuries or trauma resulting from a

17 sexual assault.

18  "Sexual assault transfer plan" means a written plan

19 developed by a hospital and approved by the Department, which

20 describes the hospital's procedures for transferring acute

21 sexual assault survivors to another hospital, and an approved

22 pediatric health care facility, if applicable, in order to

23 receive medical forensic examinations performed by qualified

24 medical providers services.

25  "Sexual assault treatment plan" means a written plan that

26 describes the procedures and protocols for providing medical
    SB1602 Enrolled         -8-  LRB104 10007 BDA 20077 b

1 forensic examinations services to acute sexual assault

2 survivors who present themselves for such services performed

3 by qualified medical providers, either directly or through

4 transfer from a hospital or an approved pediatric health care

5 facility.

6   "Transfer hospital" means a hospital with a sexual assault

7 transfer plan approved by the Department.

8   "Transfer services" means the appropriate medical

9 screening examination and necessary stabilizing treatment

10 prior to the transfer of a sexual assault survivor to another a

11 hospital or an approved pediatric health care facility that

12 provides medical forensic services to sexual assault survivors

13 pursuant to a sexual assault treatment plan or areawide sexual

14 assault treatment plan.

15  "Treatment hospital" means a hospital with a sexual

16 assault treatment plan approved by the Department to provide

17 medical forensic examinations services to acute all sexual

18 assault survivors who present with a complaint of sexual

19 assault within a minimum of the last 7 days or who have

20 disclosed past sexual assault by a specific individual and

21 were in the care of that individual within a minimum of the

22 last 7 days.

23  "Treatment hospital with approved pediatric transfer"

24 means a hospital with a treatment plan approved by the

25 Department to provide medical forensic examinations services

26 to sexual assault survivors 13 years old or older who present
    SB1602 Enrolled  -9-                LRB104 10007 BDA 20077 b

1 with a complaint of acute sexual assault within a minimum of

2 the last 7 days or who have disclosed past sexual assault by a

3 specific individual and were in the care of that individual

4 within a minimum of the last 7 days.

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

6 2024.

7 (Source: P.A. 102-22, eff. 6-25-21; 102-538, eff. 8-20-21;

8 102-674, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1097, eff.

9 1-1-23; 102-1106, eff. 1-1-23; 103-154, eff. 6-30-23.)

10  (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)

11  Sec. 2. Hospital and approved pediatric health care

12 facility requirements for sexual assault plans.

13  (a) Every hospital required to be licensed by the

14 Department pursuant to the Hospital Licensing Act, or operated

15 under the University of Illinois Hospital Act that provides

16 general medical and surgical hospital services shall provide

17 either (i) transfer services to all acute sexual assault

18 survivors, (ii) medical forensic examinations services to all

19 acute sexual assault survivors, or (iii) transfer services to

20 pediatric acute sexual assault survivors and medical forensic

21 examinations services to acute sexual assault survivors 13

22 years old or older, in accordance with rules adopted by the

23 Department.

24  In addition, every such hospital, regardless of whether or

25 not a request is made for reimbursement, shall submit to the
    SB1602 Enrolled           - 10 - LRB104 10007 BDA 20077 b

1 Department a plan to provide either (i) transfer services to

2 all acute sexual assault survivors, (ii) medical forensic

3 examinations services to all acute sexual assault survivors,

4 or (iii) transfer services to pediatric acute sexual assault

5 survivors and medical forensic examinations services to acute

6 sexual assault survivors 13 years old or older within the time

7 frame established by the Department. The Department shall

8 approve such plan for either (i) transfer services to all

9 acute sexual assault survivors, (ii) medical forensic

10 examinations services to all acute sexual assault survivors,

11 or (iii) transfer services to pediatric acute sexual assault

12 survivors and medical forensic examinations services to acute

13 sexual assault survivors 13 years old or older, if it finds

14 that the implementation of the proposed plan would provide (i)

15 transfer services or (ii) medical forensic examinations

16 services for acute sexual assault survivors in accordance with

17 the requirements of this Act and provide sufficient

18 protections from the risk of pregnancy to acute sexual assault

19 survivors. Notwithstanding anything to the contrary in this

20 paragraph, the Department may approve a sexual assault

21 transfer plan for the provision of medical forensic

22 examinations services if:

23  (1) a treatment hospital with approved pediatric

24  transfer has agreed, as part of an areawide treatment

25  plan, to accept acute sexual assault survivors 13 years of

26  age or older from the proposed transfer hospital, if the
    SB1602 Enrolled   - 11 - LRB104 10007 BDA 20077 b

1   treatment hospital with approved pediatric transfer is

2   geographically closer to the transfer hospital than a

3   treatment hospital or another treatment hospital with

4   approved pediatric transfer and such transfer is not

5   unduly burdensome on the sexual assault survivor; and

6   (2) a treatment hospital has agreed, as a part of an

7   areawide treatment plan, to accept acute sexual assault

8   survivors under 13 years of age from the proposed transfer

9   hospital and transfer to the treatment hospital would not

10  unduly burden the sexual assault survivor.

11  The Department may not approve a sexual assault transfer

12 plan unless a treatment hospital has agreed, as a part of an

13 areawide treatment plan, to accept acute sexual assault

14 survivors from the proposed transfer hospital and a transfer

15 to the treatment hospital would not unduly burden the sexual

16 assault survivor.

17  In determining whether to approve a sexual assault

18 transfer plan under this subsection, the Department shall

19 evaluate whether the proposed plan would result in unduly

20 burdensome patient transfers. To avoid unduly burdensome

21 patient transfers, the Department shall consider the following

22 factors in approving or denying the proposed sexual assault

23 transfer plan:

24  (1) geographic proximity to the treatment hospital or

25  treatment hospital with approved pediatric transfer, with

26  priority given to sexual assault transfer plans which
    SB1602 Enrolled   - 12 - LRB104 10007 BDA 20077 b

1   transfer acute sexual assault survivors to the

2   geographically closest treatment hospital or treatment

3   hospital with approved pediatric transfer that has the

4   capacity to provide ease of transfer to and accept acute

5   sexual assault survivors from the proposed transfer

6   hospital and is willing to provide them medical forensic

7   examinations;

8   (2) the existence of an areawide treatment plan to

9   provide medical forensic examinations to acute sexual

10  assault survivors in the region;

11  (3) the average daily, monthly, and annual number of

12  sexual assault survivors who presented and received

13  medical forensic examinations;

14  (4) the number of qualified medical providers employed

15  at the hospital;

16  (5) the existence of other agreements between transfer

17  hospitals and other acute care hospitals related to

18  patient referral and transfer, communication, patient

19  medical records, and emergency and non-emergency patient

20  transportation;

21  (6) the number of transfer hospitals with which a

22  treatment hospital has a transfer agreement and its

23  capacity to enter into additional transfer agreements, for

24  which special consideration shall be given to treatment

25  hospitals currently providing medical forensic

26  examinations to acute sexual assault survivors; and
    SB1602 Enrolled  - 13 - LRB104 10007 BDA 20077 b

1   (7) the provisions in the plan for initial

2   transportation to the treatment hospital or treatment

3   hospital with approved pediatric transfer, as well as

4   appropriate return transportation, which should include

5   hospital-facilitated and survivor-facilitated options to

6   attempt to minimize survivor wait times while also taking

7   into consideration extenuating factors outside the

8   hospital's control, including which facility is

9   responsible for arranging transportation, transportation

10  options, and hospital-specific factors influencing

11  survivor wait time, including, but not limited to,

12  discharge planning and arranging hospital-facilitated

13  transportation in a manner that minimizes the amount of

14  time a survivor waits for transportation under the

15  proposed plan.

16  In approving or denying the proposed sexual assault

17 transfer plan, the Department may also consider other factors,

18 including, but not limited to, hospital capacity, emergency

19 department patient volume, communication, and transportation

20 capacity.

21  Hospitals located in counties with a population of less

22 than 1,000,000 and within a 20-mile radius of a 4-year public

23 university shall submit an areawide sexual assault treatment

24 plan that is approved by the Department. The approved areawide

25 plan shall include at least one treatment hospital or

26 treatment hospital with approved pediatric transfer within the
    SB1602 Enrolled            - 14 - LRB104 10007 BDA 20077 b

1 20-mile radius of the 4-year public university.

2   In counties with a population of less than 1,000,000, the

3 Department may not approve a sexual assault transfer plan for

4 a hospital located within a 20-mile radius of a 4-year public

5 university, not including community colleges, unless there is

6 a treatment hospital with a sexual assault treatment plan

7 approved by the Department within a 20-mile radius of the

8 4-year public university.

9   A transfer must be in accordance with federal and State

10 laws and local ordinances.

11  A treatment hospital with approved pediatric transfer must

12 submit an areawide treatment plan under Section 3 of this Act

13 that includes a written agreement with a treatment hospital

14 stating that the treatment hospital will provide medical

15 forensic examinations services to pediatric sexual assault

16 survivors transferred from the treatment hospital with

17 approved pediatric transfer. The areawide treatment plan may

18 also include an approved pediatric health care facility.

19  A transfer hospital must submit an areawide treatment plan

20 under Section 3 of this Act that includes a written agreement

21 with a treatment hospital stating that the treatment hospital

22 will provide medical forensic examinations services to all

23 sexual assault survivors transferred from the transfer

24 hospital. The areawide treatment plan may also include an

25 approved pediatric health care facility. Notwithstanding

26 anything to the contrary in this paragraph, the areawide
    SB1602 Enrolled    - 15 - LRB104 10007 BDA 20077 b

1 treatment plan may include a written agreement with a

2 treatment hospital with approved pediatric transfer that is

3 geographically closer than other hospitals providing medical

4 forensic examinations services to sexual assault survivors 13

5 years of age or older stating that the treatment hospital with

6 approved pediatric transfer will provide medical forensic

7 examinations services to sexual assault survivors 13 years of

8 age or older who are transferred from the transfer hospital.

9 If the areawide treatment plan includes a written agreement

10 with a treatment hospital with approved pediatric transfer, it

11 must also include a written agreement with a treatment

12 hospital stating that the treatment hospital will provide

13 medical forensic examinations services to sexual assault

14 survivors under 13 years of age who are transferred from the

15 transfer hospital.

16  Beginning January 1, 2019, each treatment hospital and

17 treatment hospital with approved pediatric transfer shall

18 ensure that emergency department attending physicians,

19 physician assistants, advanced practice registered nurses, and

20 registered professional nurses providing clinical services,

21 who do not meet the definition of a qualified medical provider

22 in Section 1a of this Act, receive a minimum of 2 hours of

23 sexual assault training by July 1, 2020 or until the treatment

24 hospital or treatment hospital with approved pediatric

25 transfer certifies to the Department, in a form and manner

26 prescribed by the Department, that it employs or contracts
    SB1602 Enrolled  - 16 - LRB104 10007 BDA 20077 b

1 with a qualified medical provider in accordance with

2 subsection (a-7) of Section 5, whichever occurs first.

3   After July 1, 2020 or once a treatment hospital or a

4 treatment hospital with approved pediatric transfer certifies

5 compliance with subsection (a-7) of Section 5, whichever

6 occurs first, each treatment hospital and treatment hospital

7 with approved pediatric transfer shall ensure that emergency

8 department attending physicians, physician assistants,

9 advanced practice registered nurses, and registered

10 professional nurses providing clinical services, who do not

11 meet the definition of a qualified medical provider in Section

12 1a of this Act, receive a minimum of 2 hours of continuing

13 education on responding to acute sexual assault survivors

14 every 2 years. Protocols for training shall be included in the

15 hospital's sexual assault treatment plan.

16  Sexual assault training provided under this subsection may

17 be provided in person or online and shall include, but not be

18 limited to:

19  (1) information provided on the provision of a medical

20  forensic examination services;

21  (2) information on the use of the Illinois State

22  Police Sexual Assault Evidence Collection Kit;

23  (3) information on sexual assault epidemiology,

24  neurobiology of trauma, drug-facilitated sexual assault,

25  child sexual abuse, and Illinois sexual assault-related

26  laws; and
    SB1602 Enrolled  - 17 - LRB104 10007 BDA 20077 b

1   (4) information on the hospital's sexual

2   assault-related policies and procedures.

3   The online training made available by the Office of the

4 Attorney General under subsection (b) of Section 10 may be

5 used to comply with this subsection.

6   (a-5) A hospital must submit a plan to provide either (i)

7 transfer services to all acute sexual assault survivors, (ii)

8 medical forensic examinations services to all acute sexual

9 assault survivors, or (iii) transfer services to pediatric

10 acute sexual assault survivors and medical forensic

11 examinations services to sexual assault survivors 13 years old

12 or older as required in subsection (a) of this Section within

13 60 days of the Department's request. Failure to submit a plan

14 as described in this subsection shall subject a hospital to

15 the imposition of a fine by the Department. The Department may

16 impose a fine of up to $500 per day until the hospital submits

17 a plan as described in this subsection.

18  (a-10) Upon receipt of a plan as described in subsection

19 (a-5), the Department shall notify the hospital whether or not

20 the plan is acceptable. If the Department determines that the

21 plan is unacceptable, the hospital must submit a modified plan

22 within 10 days of service of the notification. If the

23 Department determines that the modified plan is unacceptable,

24 or if the hospital fails to submit a modified plan within 10

25 days, the Department may impose a fine of up to $500 per day

26 until an acceptable plan has been submitted, as determined by
    SB1602 Enrolled              - 18 - LRB104 10007 BDA 20077 b

1 the Department.

2   (b) An approved pediatric health care facility may provide

3 medical forensic examinations services, in accordance with

4 rules adopted by the Department, to acute all sexual assault

5 survivors under the age of 18 who present for medical forensic

6 examinations services in relation to injuries or trauma

7 resulting from a sexual assault. These services shall be

8 provided by a qualified medical provider.

9   A pediatric health care facility must participate in or

10 submit an areawide treatment plan under Section 3 of this Act

11 that includes a treatment hospital. If a pediatric health care

12 facility does not provide certain medical or surgical services

13 that are provided by hospitals, the areawide sexual assault

14 treatment plan must include a procedure for ensuring a sexual

15 assault survivor in need of such medical or surgical services

16 receives the services at the treatment hospital. The areawide

17 treatment plan may also include a treatment hospital with

18 approved pediatric transfer.

19  The Department shall review a proposed sexual assault

20 treatment plan submitted by a pediatric health care facility

21 within 60 days after receipt of the plan. If the Department

22 finds that the proposed plan meets the minimum requirements

23 set forth in Section 5 of this Act and that implementation of

24 the proposed plan would provide medical forensic examinations

25 services for acute sexual assault survivors under the age of

26 18, then the Department shall approve the plan. If the
    SB1602 Enrolled      - 19 - LRB104 10007 BDA 20077 b

1 Department does not approve a plan, then the Department shall

2 notify the pediatric health care facility that the proposed

3 plan has not been approved. The pediatric health care facility

4 shall have 30 days to submit a revised plan. The Department

5 shall review the revised plan within 30 days after receipt of

6 the plan and notify the pediatric health care facility whether

7 the revised plan is approved or rejected. A pediatric health

8 care facility may not provide medical forensic examinations

9 services to sexual assault survivors under the age of 18 who

10 present with a complaint of acute sexual assault within a

11 minimum of the last 7 days or who have disclosed past sexual

12 assault by a specific individual and were in the care of that

13 individual within a minimum of the last 7 days until the

14 Department has approved a treatment plan.

15  If an approved pediatric health care facility is not open

16 24 hours a day, 7 days a week, it shall post signage at each

17 public entrance to its facility that:

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

19  (2) directs those seeking services as follows: "If

20  closed, call 911 for services or go to the closest

21  hospital emergency department, (insert name) located at

22  (insert address).";

23  (3) lists the approved pediatric health care

24  facility's hours of operation;

25  (4) lists the street address of the building;

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

1   lettering in a clear and easy to read font that is at least

2   72-point type, and with "call 911" in at least 125-point

3   type;

4        (6) is posted clearly and conspicuously on or adjacent

5   to the door at each entrance and, if building materials

6   allow, is posted internally for viewing through glass; if

7   posted externally, the sign shall be made of

8   weather-resistant and theft-resistant materials,

9   non-removable, and adhered permanently to the building;

10  and

11       (7) has lighting that is part of the sign itself or is

12  lit with a dedicated light that fully illuminates the

13  sign.

14  A copy of the proposed sign must be submitted to the

15 Department and approved as part of the approved pediatric

16 health care facility's sexual assault treatment plan.

17  (c) Each treatment hospital, treatment hospital with

18 approved pediatric transfer, and approved pediatric health

19 care facility must enter into a memorandum of understanding

20 with a rape crisis center for medical advocacy services, if

21 these services are available to the treatment hospital,

22 treatment hospital with approved pediatric transfer, or

23 approved pediatric health care facility. With the consent of

24 the sexual assault survivor, a rape crisis counselor shall

25 remain in the exam room during the collection for forensic

26 evidence.
    SB1602 Enrolled      - 21 - LRB104 10007 BDA 20077 b

1   (d) Every treatment hospital, treatment hospital with

2 approved pediatric transfer, and approved pediatric health

3 care facility's sexual assault treatment plan or sexual

4 assault transfer plan shall include procedures for complying

5 with mandatory reporting requirements pursuant to (1) the

6 Abused and Neglected Child Reporting Act; (2) the Abused and

7 Neglected Long Term Care Facility Residents Reporting Act; (3)

8 the Adult Protective Services Act; and (iv) the Criminal

9 Identification Act.

10  (e) Each treatment hospital, treatment hospital with

11 approved pediatric transfer, and approved pediatric health

12 care facility shall submit to the Department every 6 months,

13 in a manner prescribed by the Department, the following

14 information:

15  (1) The total number of patients who presented with a

16  complaint of sexual assault.

17  (2) The total number of Illinois State Police Sexual

18  Assault Evidence Collection Kits:

19  (A) offered to (i) all acute sexual assault

20  survivors and (ii) pediatric acute sexual assault

21  survivors pursuant to paragraph (1.5) of subsection

22  (a-5) of Section 5;

23  (B) completed for (i) all acute sexual assault

24  survivors and (ii) pediatric acute sexual assault

25  survivors; and

26  (C) declined by (i) all acute sexual assault
    SB1602 Enrolled      - 22 - LRB104 10007 BDA 20077 b

1        survivors and (ii) pediatric acute sexual assault

2        survivors.

3   This information shall be made available on the

4 Department's website.

5   (f) This Section is effective on and after January 1, 2026

6 2024.

7 (Source: P.A. 101-73, eff. 7-12-19; 101-634, eff. 6-5-20;

8 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff.

9 1-1-23.)

10  (410 ILCS 70/2.05)

11  Sec. 2.05. Department requirements.

12  (a) The Department shall periodically conduct on-site

13 reviews of approved sexual assault treatment plans with

14 hospital and approved pediatric health care facility personnel

15 to ensure that the established procedures are being followed.

16 Department personnel conducting the on-site reviews shall

17 attend 4 hours of sexual assault training conducted by a

18 qualified medical provider that includes, but is not limited

19 to, forensic evidence collection provided to acute sexual

20 assault survivors of any age and Illinois sexual

21 assault-related laws and administrative rules.

22  (b) On July 1, 2026 2019 and each July 1 thereafter, the

23 Department shall submit a report to the General Assembly

24 containing information on the hospitals and pediatric health

25 care facilities in this State that have submitted a plan to
    SB1602 Enrolled  - 23 - LRB104 10007 BDA 20077 b

1 provide: (i) transfer services to all acute sexual assault

2 survivors, (ii) medical forensic examinations services to all

3 acute sexual assault survivors, (iii) transfer services to

4 pediatric acute sexual assault survivors and medical forensic

5 examinations services to acute sexual assault survivors 13

6 years old or older, or (iv) medical forensic examinations

7 services to pediatric acute sexual assault survivors. The

8 Department shall post the report on its Internet website on or

9 before October 1, 2026 2019 and, except as otherwise provided

10 in this Section, update the report every quarter thereafter.

11 The report shall include all of the following:

12  (1) Each hospital and pediatric care facility that has

13  submitted a plan, including the submission date of the

14  plan, type of plan submitted, and the date the plan was

15  approved or denied. If a pediatric health care facility

16  withdraws its plan, the Department shall immediately

17  update the report on its Internet website to remove the

18  pediatric health care facility's name and information.

19  (2) Each hospital that has failed to submit a plan as

20  required in subsection (a) of Section 2.

21  (3) Each hospital and approved pediatric care facility

22  that has to submit an acceptable Plan of Correction within

23  the time required by Section 2.1, including the date the

24  Plan of Correction was required to be submitted. Once a

25  hospital or approved pediatric health care facility

26  submits and implements the required Plan of Correction,
    SB1602 Enrolled     - 24 - LRB104 10007 BDA 20077 b

1   the Department shall immediately update the report on its

2   Internet website to reflect that hospital or approved

3   pediatric health care facility's compliance.

4         (4) Each hospital and approved pediatric care facility

5   at which the periodic on-site review required by Section

6   2.05 of this Act has been conducted, including the date of

7   the on-site review and whether the hospital or approved

8   pediatric care facility was found to be in compliance with

9   its approved plan.

10        (5) Each areawide treatment plan submitted to the

11  Department pursuant to Section 3 of this Act, including

12  which treatment hospitals, treatment hospitals with

13  approved pediatric transfer, transfer hospitals and

14  approved pediatric health care facilities are identified

15  in each areawide treatment plan.

16  (c) The Department, in consultation with the Office of the

17 Attorney General, shall adopt administrative rules by January

18 1, 2020 establishing a process for physicians and physician

19 assistants to provide documentation of training and clinical

20 experience that meets or is substantially similar to the

21 Sexual Assault Nurse Examiner Education Guidelines established

22 by the International Association of Forensic Nurses in order

23 to qualify as a sexual assault forensic examiner.

24  (d) This Section is effective on and after January 1, 2026

25 2024.

26 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
    SB1602 Enrolled         - 25 - LRB104 10007 BDA 20077 b

1 102-674, eff. 11-30-21.)

2   (410 ILCS 70/2.2)

3   Sec. 2.2. Emergency contraception.

4   (a) The General Assembly finds:

5   (1) Crimes of sexual assault and sexual abuse cause

6   significant physical, emotional, and psychological trauma

7   to the victims. This trauma is compounded by a victim's

8   fear of becoming pregnant and bearing a child as a result

9   of the sexual assault.

10  (2) Each year over 32,000 women become pregnant in the

11  United States as the result of rape and approximately 50%

12  of these pregnancies end in abortion.

13  (3) As approved for use by the Federal Food and Drug

14  Administration (FDA), emergency contraception can

15  significantly reduce the risk of pregnancy if taken within

16  72 hours after the sexual assault.

17  (4) By providing emergency contraception to rape

18  victims in a timely manner, the trauma of rape can be

19  significantly reduced.

20  (b) Every hospital or approved pediatric health care

21 facility providing services to sexual assault survivors in

22 accordance with a plan approved under Section 2 must develop a

23 protocol that ensures that each survivor of acute sexual

24 assault will receive medically and factually accurate and

25 written and oral information about emergency contraception;
    SB1602 Enrolled          - 26 - LRB104 10007 BDA 20077 b

1 the indications and contraindications and risks associated

2 with the use of emergency contraception; and a description of

3 how and when victims may be provided emergency contraception

4 at no cost upon the written order of a physician licensed to

5 practice medicine in all its branches, a licensed advanced

6 practice registered nurse, or a licensed physician assistant.

7 The Department shall approve the protocol if it finds that the

8 implementation of the protocol would provide sufficient

9 protection for survivors of acute sexual assault.

10  The hospital or approved pediatric health care facility

11 shall implement the protocol upon approval by the Department.

12 The Department shall adopt rules and regulations establishing

13 one or more safe harbor protocols and setting minimum

14 acceptable protocol standards that hospitals may develop and

15 implement. The Department shall approve any protocol that

16 meets those standards. The Department may provide a sample

17 acceptable protocol upon request.

18  (c) This Section is effective on and after January 1,

19 2024.

20 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

21 102-674, eff. 11-30-21.)

22  (410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)

23  Sec. 3. Areawide sexual assault treatment plans;

24 submission.

25  (a) Hospitals and approved pediatric health care
    SB1602 Enrolled          - 27 - LRB104 10007 BDA 20077 b

1 facilities in the area to be served may develop and

2 participate in areawide plans that shall describe the medical

3 forensic examinations services to sexual assault survivors

4 that each participating hospital and approved pediatric health

5 care facility has agreed to make available. Each hospital and

6 approved pediatric health care facility participating in such

7 a plan shall provide such services as it is designated to

8 provide in the plan agreed upon by the participants. An

9 areawide plan may include treatment hospitals, treatment

10 hospitals with approved pediatric transfer, transfer

11 hospitals, approved pediatric health care facilities, or

12 out-of-state hospitals as provided in Section 5.4. All

13 areawide plans shall be submitted to the Department for

14 approval, prior to becoming effective. The Department shall

15 approve a proposed plan if it finds that the minimum

16 requirements set forth in Section 5 and implementation of the

17 plan would provide for appropriate medical forensic

18 examinations services for the people of the area to be served.

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

20 2024.

21 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

22 102-674, eff. 11-30-21.)

23  (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)

24  Sec. 5. Minimum requirements for medical forensic

25 examinations services provided to sexual assault survivors by
    SB1602 Enrolled      - 28 - LRB104 10007 BDA 20077 b

1 hospitals and approved pediatric health care facilities.

2   (a) Every hospital and approved pediatric health care

3 facility providing medical forensic examinations services to

4 acute sexual assault survivors under this Act shall, as

5 minimum requirements for such services, provide, with the

6 consent of the sexual assault survivor, and as ordered by the

7 attending physician, an advanced practice registered nurse, or

8 a physician assistant, the services set forth in subsection

9 (a-5).

10  A qualified medical provider must provide the services set

11 forth in subsection (a-5) as ordered by the attending

12 physician, an advanced practice registered nurse, or a

13 physician assistant.

14  (a-5) A treatment hospital, a treatment hospital with

15 approved pediatric transfer, or an approved pediatric health

16 care facility shall provide the following services in

17 accordance with subsections subsection (a) and (b):

18        (1) Appropriate medical forensic examinations services

19  without delay, in a private, age-appropriate or

20  developmentally-appropriate space, required to ensure the

21  health, safety, and welfare of a sexual assault survivor

22  and which may be used as evidence in a criminal proceeding

23  against a person accused of the sexual assault, in a

24  proceeding under the Juvenile Court Act of 1987, or in an

25  investigation under the Abused and Neglected Child

26  Reporting Act.
    SB1602 Enrolled  - 29 - LRB104 10007 BDA 20077 b

1   Records of medical forensic examinations services,

2   including results of examinations and tests, the Illinois

3   State Police Medical Forensic Documentation Forms, the

4   Illinois State Police Patient Discharge Materials, and the

5   Illinois State Police Patient Consent: Collect and Test

6   Evidence or Collect and Hold Evidence Form, shall be

7   maintained by the hospital or approved pediatric health

8   care facility as part of the patient's electronic medical

9   record.

10  Records of medical forensic examinations services of

11  sexual assault survivors under the age of 18 shall be

12  retained by the hospital for a period of 60 years after the

13  sexual assault survivor reaches the age of 18. Records of

14  medical forensic examinations services of sexual assault

15  survivors 18 years of age or older shall be retained by the

16  hospital for a period of 20 years after the date the record

17  was created.

18  Records of medical forensic examinations services may

19  only be disseminated in accordance with Section 6.5 of

20  this Act and other State and federal law.

21  (1.5) An offer to complete the Illinois State Police

22  Sexual Assault Evidence Collection Kit for any acute

23  sexual assault survivor. If the offer to complete the

24  Illinois State Police Sexual Assault Evidence Collection

25  Kit is accepted by the survivor, then evidence collection

26  shall be completed based on the qualified medical
    SB1602 Enrolled  - 30 - LRB104 10007 BDA 20077 b

1   provider's clinical discretion, best practices for

2   evidence collection, and information provided by the

3   sexual assault survivor. A patient may decline any portion

4   of the Illinois State Police Sexual Assault Evidence Kit,

5   but if any evidence is collected, then that shall

6   constitute evidence collection being completed for the

7   purposes of this Section and subsection (e) of Section 2.

8   Nothing in this Section is intended to prohibit a

9   qualified medical provider from offering, on the

10  provider's own accord or in response to a survivor

11  request, an Illinois State Police Sexual Assault Evidence

12  Collection Kit to a sexual assault survivor who presents

13  at a treatment hospital, treatment hospital with approved

14  pediatric transfer, or approved pediatric health care

15  facility with a nonacute complaint of sexual assault

16  according to the qualified medical provider's clinical

17  discretion based on best practices for indications for

18  evidence collection who presents within a minimum of the

19  last 7 days of the assault or who has disclosed past sexual

20  assault by a specific individual and was in the care of

21  that individual within a minimum of the last 7 days.

22  (A) Appropriate oral and written information

23  concerning evidence-based guidelines for the

24  appropriateness of evidence collection depending on

25  the sexual development of the sexual assault survivor,

26  the type of sexual assault, and the timing of the
    SB1602 Enrolled  - 31 - LRB104 10007 BDA 20077 b

1   sexual assault shall be provided to the sexual assault

2   survivor. Evidence collection is encouraged for

3   prepubescent sexual assault survivors who present to a

4   hospital or approved pediatric health care facility

5   with a complaint of sexual assault within a minimum of

6   96 hours after the sexual assault.

7   The information required under this subparagraph

8   shall be provided in person by the qualified medical

9   provider providing medical forensic services directly

10  to the sexual assault survivor by a qualified medical

11  provider either in person or via a virtual or

12  telephone consultation.

13  The written information provided shall be the

14  information created in accordance with Section 10 of

15  this Act.

16  (B) Following the discussion regarding the

17  evidence-based guidelines for evidence collection in

18  accordance with subparagraph (A), evidence collection

19  must be completed at the sexual assault survivor's

20  request. A sexual assault nurse examiner conducting an

21  examination using the Illinois State Police Sexual

22  Assault Evidence Collection Kit may do so without the

23  presence or participation of a physician.

24  (2) Appropriate oral and written information

25  concerning the possibility of infection, sexually

26  transmitted infection, including an evaluation of the
    SB1602 Enrolled  - 32 - LRB104 10007 BDA 20077 b

1   sexual assault survivor's risk of contracting human

2   immunodeficiency virus (HIV) from sexual assault, and

3   pregnancy resulting from sexual assault.

4   (3) Appropriate oral and written information

5   concerning accepted medical procedures, laboratory tests,

6   medication, and possible contraindications of such

7   medication available for the prevention or treatment of

8   infection or disease resulting from sexual assault.

9   (3.5) After a medical evidentiary or physical

10  examination, access to a shower at no cost, unless

11  showering facilities are unavailable.

12  (4) An amount of medication, including HIV

13  prophylaxis, for treatment at the hospital or approved

14  pediatric health care facility and after discharge as is

15  deemed appropriate by the attending physician, an advanced

16  practice registered nurse, or a physician assistant in

17  accordance with the Centers for Disease Control and

18  Prevention guidelines and consistent with the hospital's

19  or approved pediatric health care facility's current

20  approved protocol for sexual assault survivors.

21  (5) Photo documentation of the sexual assault

22  survivor's injuries, anatomy involved in the assault, or

23  other visible evidence on the sexual assault survivor's

24  body to supplement the medical forensic history and

25  written documentation of physical findings and evidence

26  beginning July 1, 2019. Photo documentation does not
    SB1602 Enrolled  - 33 - LRB104 10007 BDA 20077 b

1   replace written documentation of the injury.

2   (6) Written and oral instructions indicating the need

3   for follow-up examinations and laboratory tests after the

4   sexual assault to determine the presence or absence of

5   sexually transmitted infection.

6   (7) Referral by hospital or approved pediatric health

7   care facility personnel for appropriate counseling.

8   (8) Medical advocacy services provided by a rape

9   crisis counselor whose communications are protected under

10  Section 8-802.1 of the Code of Civil Procedure, if there

11  is a memorandum of understanding between the hospital or

12  approved pediatric health care facility and a rape crisis

13  center. With the consent of the sexual assault survivor, a

14  rape crisis counselor shall remain in the exam room during

15  the medical forensic examination.

16  (9) Written information regarding services provided by

17  a Children's Advocacy Center and rape crisis center, if

18  applicable.

19  (10) A treatment hospital, a treatment hospital with

20  approved pediatric transfer, an out-of-state hospital as

21  defined in Section 5.4, or an approved pediatric health

22  care facility shall comply with the rules relating to the

23  collection and tracking of sexual assault evidence adopted

24  by the Illinois State Police under Section 50 of the

25  Sexual Assault Evidence Submission Act.

26  (11) Written information regarding the Illinois State
    SB1602 Enrolled    - 34 - LRB104 10007 BDA 20077 b

1   Police sexual assault evidence tracking system.

2   (a-7) Every hospital with a treatment plan approved by the

3 Department and every approved pediatric health care facility

4 shall employ or contract with a qualified medical provider to

5 initiate a medical forensic examination services to a sexual

6 assault survivor within 90 minutes of a concern arising at the

7 hospital or facility of acute sexual assault the patient

8 presenting to the treatment hospital or treatment hospital

9 with approved pediatric transfer. The provision of a medical

10 forensic examination services by a qualified medical provider

11 shall not delay the provision of life-saving medical care.

12  (b) Before a medical forensic examination is provided,

13 consent must be obtained in accordance with this Section.

14 Evidence collection shall not be completed without first

15 obtaining consent.

16  (1) Any person able to consent who is a sexual assault

17  survivor who seeks a medical forensic examination services

18  or follow-up healthcare under this Act shall be provided

19  such services without the consent of any parent, guardian,

20  custodian, surrogate, or agent.

21  (2) If a minor sexual assault survivor under the age

22  of 18 is unable to consent to a medical forensic

23  examination services, the examination services may be

24  provided with the consent of the survivor's parent,

25  guardian, or health care power of attorney and with the

26  assent of the sexual assault survivor under the Consent by
    SB1602 Enrolled         - 35 - LRB104 10007 BDA 20077 b

1   Minors to Health Care Services Act, the Health Care

2   Surrogate Act, or other applicable State and federal laws.

3         (3) If an adult sexual assault survivor is unable to

4   consent to a medical forensic examination, the examination

5   may be provided with the consent of the survivor's

6   guardian or health care power of attorney and with the

7   assent of the sexual assault survivor.

8   (b-5) Every hospital or approved pediatric health care

9 facility providing medical forensic examinations services to

10 acute sexual assault survivors shall issue a voucher to any

11 sexual assault survivor who is eligible to receive one in

12 accordance with Section 5.2 of this Act. The hospital or

13 approved pediatric health care facility shall make a copy of

14 the voucher and place it in the medical record of the sexual

15 assault survivor. The hospital or approved pediatric health

16 care facility shall provide a copy of the voucher to the sexual

17 assault survivor after discharge upon request.

18  (c) Nothing in this Section creates a physician-patient

19 relationship that extends beyond discharge from the hospital

20 or approved pediatric health care facility.

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

22 2024.

23 (Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19;

24 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff.

25 8-20-21; 102-674, eff. 11-30-21; 102-813, eff. 5-13-22;

26 102-1106, eff. 1-1-23.)
    SB1602 Enrolled     - 36 - LRB104 10007 BDA 20077 b

1   (410 ILCS 70/5.1)

2   Sec. 5.1. Storage, retention, and dissemination of photo

3 documentation relating to medical forensic examinations

4 services.

5   (a) Photo documentation taken during a medical forensic

6 examination shall be maintained by the hospital or approved

7 pediatric health care facility as part of the patient's

8 medical record.

9   Photo documentation shall be stored and backed up securely

10 in its original file format in accordance with facility

11 protocol. The facility protocol shall require limited access

12 to the images and be included in the sexual assault treatment

13 plan submitted to the Department.

14  Photo documentation of a sexual assault survivor under the

15 age of 18 shall be retained for a period of 60 years after the

16 sexual assault survivor reaches the age of 18. Photo

17 documentation of a sexual assault survivor 18 years of age or

18 older shall be retained for a period of 20 years after the

19 record was created.

20  Photo documentation of the sexual assault survivor's

21 injuries, anatomy involved in the assault, or other visible

22 evidence on the sexual assault survivor's body may be used for

23 peer review, expert second opinion, or in a criminal

24 proceeding against a person accused of sexual assault, a

25 proceeding under the Juvenile Court Act of 1987, or in an
    SB1602 Enrolled              - 37 - LRB104 10007 BDA 20077 b

1 investigation under the Abused and Neglected Child Reporting

2 Act. Any dissemination of photo documentation, including for

3 peer review, an expert second opinion, or in any court or

4 administrative proceeding or investigation, must be in

5 accordance with State and federal law.

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

7 2024.

8 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

9 102-674, eff. 11-30-21.)

10  (410 ILCS 70/5.2)

11  Sec. 5.2. Sexual assault services voucher.

12  (a) A sexual assault services voucher shall be issued by

13 the a treatment hospital, treatment hospital with approved

14 pediatric transfer, or approved pediatric health care facility

15 where at the time a sexual assault survivor first presents

16 seeking a receives medical forensic examination or medical

17 care and treatment services.

18  (b) Each treatment hospital, treatment hospital with

19 approved pediatric transfer, and approved pediatric health

20 care facility must include in its sexual assault treatment

21 plan or sexual assault transfer plan submitted to the

22 Department in accordance with Section 2 of this Act a protocol

23 for issuing sexual assault services vouchers. The protocol

24 shall, at a minimum, include the following:

25       (1) Identification of employee positions responsible
    SB1602 Enrolled  - 38 - LRB104 10007 BDA 20077 b

1   for issuing sexual assault services vouchers.

2   (2) Identification of employee positions with access

3   to the Medical Electronic Data Interchange or successor

4   system.

5   (3) A statement to be signed by each employee of an

6   approved pediatric health care facility with access to the

7   Medical Electronic Data Interchange or successor system

8   affirming that the Medical Electronic Data Interchange or

9   successor system will only be used for the purpose of

10  issuing sexual assault services vouchers.

11  Every transfer hospital providing medical care and

12 treatment to sexual assault survivors shall issue a voucher to

13 any sexual assault survivor who is eligible to receive one.

14 The transfer hospital shall make a copy of the voucher and

15 place it in the medical record of the sexual assault survivor.

16 The hospital shall provide a copy of the voucher to the sexual

17 assault survivor prior to transfer, or after discharge upon

18 request.

19  (c) A sexual assault services voucher may be used to seek

20 payment for any ambulance services, medical forensic

21 examination, medical care and treatment as defined by 77 Ill.

22 Adm. Code Part 545 services, laboratory services, pharmacy

23 services, and follow-up healthcare provided as a result of the

24 sexual assault.

25  (d) Any treatment hospital, treatment hospital with

26 approved pediatric transfer, approved pediatric health care
    SB1602 Enrolled   - 39 - LRB104 10007 BDA 20077 b

1 facility, health care professional, ambulance provider,

2 laboratory, or pharmacy may submit a bill for services

3 provided to a sexual assault survivor as a result of a sexual

4 assault to the Department of Healthcare and Family Services

5 Sexual Assault Emergency Treatment Program. The bill shall

6 include:

7   (1) the name and date of birth of the sexual assault

8   survivor;

9   (2) the service provided;

10  (3) the charge of service;

11  (4) the date the service was provided; and

12  (5) the recipient identification number, if known.

13  A health care professional, ambulance provider,

14 laboratory, or pharmacy is not required to submit a copy of the

15 sexual assault services voucher.

16  The Department of Healthcare and Family Services Sexual

17 Assault Emergency Treatment Program shall electronically

18 verify, using the Medical Electronic Data Interchange or a

19 successor system, that a sexual assault services voucher was

20 issued to a sexual assault survivor prior to issuing payment

21 for the services.

22  If a sexual assault services voucher was not issued to a

23 sexual assault survivor by the treatment hospital, treatment

24 hospital with approved pediatric transfer, or approved

25 pediatric health care facility, then a health care

26 professional, ambulance provider, laboratory, or pharmacy may
    SB1602 Enrolled         - 40 - LRB104 10007 BDA 20077 b

1 submit a request to the Department of Healthcare and Family

2 Services Sexual Assault Emergency Treatment Program to issue a

3 sexual assault services voucher.

4   (e) This Section is effective on and after January 1, 2026

5 2024.

6 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

7 102-674, eff. 11-30-21.)

8   (410 ILCS 70/5.3)

9   Sec. 5.3. Pediatric sexual assault care.

10  (a) The General Assembly finds:

11       (1) Pediatric sexual assault survivors can suffer from

12  a wide range of health problems across their life span. In

13  addition to immediate health issues, such as sexually

14  transmitted infections, physical injuries, and

15  psychological trauma, child sexual abuse victims are at

16  greater risk for a plethora of adverse psychological and

17  somatic problems into adulthood in contrast to those who

18  were not sexually abused.

19       (2) Sexual abuse against the pediatric population is

20  distinct, particularly due to their dependence on their

21  caregivers and the ability of perpetrators to manipulate

22  and silence them (especially when the perpetrators are

23  family members or other adults trusted by, or with power

24  over, children). Sexual abuse is often hidden by

25  perpetrators, unwitnessed by others, and may leave no
    SB1602 Enrolled     - 41 - LRB104 10007 BDA 20077 b

1   obvious physical signs on child victims.

2   (3) Pediatric sexual assault survivors throughout the

3   State should have access to qualified medical providers

4   who have received specialized training regarding the care

5   of pediatric sexual assault survivors within a reasonable

6   distance from their home.

7   (4) There is a need in Illinois to increase the number

8   of qualified medical providers available to provide

9   medical forensic examinations services to pediatric sexual

10  assault survivors.

11  (b) If a medically stable pediatric acute sexual assault

12 survivor presents at a transfer hospital or treatment hospital

13 with approved pediatric transfer that has a plan approved by

14 the Department requesting a medical forensic examination

15 services, then the hospital emergency department staff shall

16 contact an approved pediatric health care facility, if one is

17 designated in the hospital's plan, then the patient and

18 non-offending parent or legal guardian shall be given the

19 option to transfer to the approved pediatric health care

20 facility during posted hours of operation or a treatment

21 hospital.

22  If the transferring hospital confirms that medical

23 forensic services can be initiated within 90 minutes of the

24 patient's arrival at the approved pediatric health care

25 facility following an immediate transfer, then the hospital

26 emergency department staff shall notify the patient and
    SB1602 Enrolled  - 42 - LRB104 10007 BDA 20077 b

1 non-offending parent or legal guardian that the patient will

2 be transferred for medical forensic services and shall provide

3 the patient and non-offending parent or legal guardian the

4 option of being transferred to the approved pediatric health

5 care facility or the treatment hospital designated in the

6 hospital's plan. The pediatric sexual assault survivor may be

7 transported by ambulance, law enforcement, or personal

8 vehicle.

9   If medical forensic services cannot be initiated within 90

10 minutes of the patient's arrival at the approved pediatric

11 health care facility, there is no approved pediatric health

12 care facility designated in the hospital's plan, or the

13 patient or non-offending parent or legal guardian chooses to

14 be transferred to a treatment hospital, the hospital emergency

15 department staff shall contact a treatment hospital designated

16 in the hospital's plan to arrange for the transfer of the

17 patient to the treatment hospital for medical forensic

18 services, which are to be initiated within 90 minutes of the

19 patient's arrival at the treatment hospital. The treatment

20 hospital shall provide medical forensic services and may not

21 transfer the patient to another facility. The pediatric sexual

22 assault survivor may be transported by ambulance, law

23 enforcement, or personal vehicle.

24  (c) When a qualified medical provider who is qualified to

25 treat pediatric survivors of sexual assault is available, a

26 treatment hospital with approved pediatric transfer may offer
    SB1602 Enrolled  - 43 - LRB104 10007 BDA 20077 b

1 medical forensic examinations to pediatric acute sexual

2 assault survivors subject to prior approval from the

3 Department. Prior to granting approval, the Department shall

4 (i) confirm the treatment hospital with approved pediatric

5 transfer is working toward becoming a treatment hospital and

6 (ii) consult with the treatment hospital that receives acute

7 pediatric sexual assault survivors from the treatment hospital

8 with approved pediatric transfer pursuant to the plan approved

9 by the Department. Department approval under this Section is

10 valid for one year and may be renewed. If a medically stable

11 pediatric sexual assault survivor presents at a treatment

12 hospital that has a plan approved by the Department requesting

13 medical forensic services, then the hospital emergency

14 department staff shall contact an approved pediatric health

15 care facility, if one is designated in the treatment

16 hospital's areawide treatment plan.

17  If medical forensic services can be initiated within 90

18 minutes after the patient's arrival at the approved pediatric

19 health care facility following an immediate transfer, the

20 hospital emergency department staff shall provide the patient

21 and non-offending parent or legal guardian the option of

22 having medical forensic services performed at the treatment

23 hospital or at the approved pediatric health care facility. If

24 the patient or non-offending parent or legal guardian chooses

25 to be transferred, the pediatric sexual assault survivor may

26 be transported by ambulance, law enforcement, or personal
    SB1602 Enrolled         - 44 - LRB104 10007 BDA 20077 b

1 vehicle.

2   If medical forensic services cannot be initiated within 90

3 minutes after the patient's arrival to the approved pediatric

4 health care facility, there is no approved pediatric health

5 care facility designated in the hospital's plan, or the

6 patient or non-offending parent or legal guardian chooses not

7 to be transferred, the hospital shall provide medical forensic

8 services to the patient.

9   (d) If the patient or non-offending parent or legal

10 guardian chooses to be transferred to an approved pediatric

11 health care facility pursuant to subsection (b) or (c), then

12 the hospital emergency department staff shall contact the

13 approved pediatric health care facility to arrange the

14 transfer. The pediatric sexual assault survivor and

15 non-offending parent or legal guardian may be transported by

16 ambulance, law enforcement, or personal vehicle. A medical

17 forensic examination shall be initiated within 90 minutes of

18 the acute sexual assault survivor's arrival at the approved

19 pediatric health care facility following an immediate transfer

20 during posted hours of operation.

21  (e) (d) If a pediatric acute sexual assault survivor

22 presents at an approved pediatric health care facility

23 requesting medical forensic services or the facility is

24 contacted by law enforcement or the Department of Children and

25 Family Services requesting a medical forensic examination

26 services for a pediatric acute sexual assault survivor during
    SB1602 Enrolled          - 45 - LRB104 10007 BDA 20077 b

1 posted hours of operation, then the medical forensic

2 examination services shall be provided at the facility if the

3 medical forensic services can be initiated within 90 minutes

4 after the patient's arrival at the facility. If medical

5 forensic services cannot be initiated within 90 minutes after

6 the patient's arrival at the facility, then the patient shall

7 be transferred to a treatment hospital designated in the

8 approved pediatric health care facility's plan for medical

9 forensic services. The pediatric sexual assault survivor may

10 be transported by ambulance, law enforcement, or personal

11 vehicle.

12  (f) (e) This Section is effective on and after January 1,

13 2024.

14 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

15 102-674, eff. 11-30-21.)

16  (410 ILCS 70/5.4)

17  Sec. 5.4. Out-of-state hospitals.

18  (a) Nothing in this Section shall prohibit the transfer of

19 a patient in need of medical services from a hospital that has

20 been designated as a trauma center by the Department in

21 accordance with Section 3.90 of the Emergency Medical Services

22 (EMS) Systems Act.

23  (b) A transfer hospital, treatment hospital with approved

24 pediatric transfer, or approved pediatric health care facility

25 may transfer a sexual assault survivor to an out-of-state
    SB1602 Enrolled  - 46 - LRB104 10007 BDA 20077 b

1 hospital that is located in a county that borders Illinois if

2 the out-of-state hospital: (1) submits an areawide treatment

3 plan approved by the Department; and (2) has certified the

4 following to the Department in a form and manner prescribed by

5 the Department that the out-of-state hospital will:

6   (i) consent to the jurisdiction of the Department in

7   accordance with Section 2.06 of this Act;

8   (ii) comply with all requirements of this Act

9   applicable to treatment hospitals, including, but not

10  limited to, offering evidence collection to any Illinois

11  sexual assault survivor who presents with a complaint of

12  acute sexual assault within a minimum of the last 7 days or

13  who has disclosed past sexual assault by a specific

14  individual and was in the care of that individual within a

15  minimum of the last 7 days and not billing the sexual

16  assault survivor for the medical forensic examination

17  services or 180 days of follow-up healthcare;

18  (iii) use an Illinois State Police Sexual Assault

19  Evidence Collection Kit to collect forensic evidence from

20  an Illinois acute sexual assault survivor;

21  (iv) ensure its staff cooperates with Illinois law

22  enforcement agencies and are responsive to subpoenas

23  issued by Illinois courts; and

24  (v) provide appropriate transportation upon the

25  completion of a medical forensic examination services back

26  to the transfer hospital or treatment hospital with
    SB1602 Enrolled        - 47 - LRB104 10007 BDA 20077 b

1   pediatric transfer where the sexual assault survivor

2   initially presented seeking a medical forensic examination

3   services, unless the sexual assault survivor chooses to

4   arrange his or her own transportation.

5   (c) Subsection (b) of this Section is inoperative on and

6 after January 1, 2029.

7 (Source: P.A. 102-1097, eff. 1-1-23; 102-1106, eff. 1-1-23;

8 103-154, eff. 6-30-23.)

9   (410 ILCS 70/5.5)

10  Sec. 5.5. Minimum reimbursement requirements for follow-up

11 healthcare.

12  (a) Every hospital, pediatric health care facility, health

13 care professional, laboratory, or pharmacy that provides

14 follow-up healthcare to a sexual assault survivor, with the

15 consent of the sexual assault survivor and as ordered by the

16 attending physician, an advanced practice registered nurse, or

17 physician assistant shall be reimbursed for the follow-up

18 healthcare services provided. Follow-up healthcare services

19 include, but are not limited to, the following:

20  (1) a physical examination;

21  (2) laboratory tests to determine the presence or

22  absence of sexually transmitted infection; and

23  (3) appropriate medications, including HIV

24  prophylaxis, in accordance with the Centers for Disease

25  Control and Prevention's guidelines.
    SB1602 Enrolled          - 48 - LRB104 10007 BDA 20077 b

1   (b) Reimbursable follow-up healthcare is limited to office

2 visits with a physician, advanced practice registered nurse,

3 or physician assistant within 180 days after an initial visit

4 as a result of the sexual assault for hospital medical

5 forensic services.

6   (c) Nothing in this Section requires a hospital, pediatric

7 health care facility, health care professional, laboratory, or

8 pharmacy to provide follow-up healthcare to a sexual assault

9 survivor.

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

11 2024.

12 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

13 102-674, eff. 11-30-21; 102-1097, eff. 1-1-23.)

14  (410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)

15  Sec. 6.2. Assistance and grants.

16  (a) The Department shall assist in the development and

17 operation of programs which provide medical forensic

18 examinations services to sexual assault survivors, and, where

19 necessary, to provide grants to hospitals and approved

20 pediatric health care facilities for this purpose.

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

22 2024.

23 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

24 102-674, eff. 11-30-21.)
    SB1602 Enrolled      - 49 - LRB104 10007 BDA 20077 b

1   (410 ILCS 70/6.5)

2   Sec. 6.5. Written consent to the release of sexual assault

3 evidence for testing.

4   (a) Upon the completion of a medical forensic examination

5 services, the health care professional providing the medical

6 forensic examination services shall provide the patient the

7 opportunity to sign a written consent to allow law enforcement

8 to submit the sexual assault evidence for testing, if

9 collected. The written consent shall be on a form included in

10 the sexual assault evidence collection kit and posted on the

11 Illinois State Police website. The consent form shall include

12 whether the survivor consents to the release of information

13 about the sexual assault to law enforcement.

14  (1) A survivor 13 years of age or older may sign the

15  written consent to release the evidence for testing.

16  (2) If the survivor is a minor who is under 13 years of

17  age, the written consent to release the sexual assault

18  evidence for testing may be signed by the parent,

19  guardian, or agent acting under a health care power of

20  attorney. If a parent, guardian, or health care power of

21  attorney is not available or unwilling to release

22  evidence, then a State's Attorney or the Attorney General

23  may petition the court to authorize its release for

24  testing investigating law enforcement officer, or

25  Department of Children and Family Services.

26  (3) If the survivor is an adult who has a guardian of
    SB1602 Enrolled  - 50 - LRB104 10007 BDA 20077 b

1   the person, a health care surrogate, or an agent acting

2   under a health care power of attorney, the consent of the

3   guardian, surrogate, or agent is not required to release

4   evidence and information concerning the sexual assault or

5   sexual abuse. If the adult is unable to provide consent

6   for the release of evidence and information and a

7   guardian, surrogate, or agent under a health care power of

8   attorney is unavailable or unwilling to release the

9   information, then an investigating law enforcement officer

10  may authorize the release.

11  (4) Any health care professional or health care

12  institution, including any hospital or approved pediatric

13  health care facility, who provides evidence or information

14  to a law enforcement officer under a written consent as

15  specified in this Section is immune from any civil or

16  professional liability that might arise from those

17  actions, with the exception of willful or wanton

18  misconduct. The immunity provision applies only if all of

19  the requirements of this Section are met.

20  (b) The hospital or approved pediatric health care

21 facility shall keep a copy of a signed or unsigned written

22 consent form in the patient's medical record.

23  (c) If a written consent to allow law enforcement to hold

24 the sexual assault evidence is signed at the completion of the

25 medical forensic examination services, the hospital or

26 approved pediatric health care facility shall include the
    SB1602 Enrolled          - 51 - LRB104 10007 BDA 20077 b

1 following information in its discharge instructions:

2         (1) the sexual assault evidence will be stored for 10

3   years from the completion of an Illinois State Police

4   Sexual Assault Evidence Collection Kit, or 10 years from

5   the age of 18 years, whichever is longer;

6         (2) a person authorized to consent to the testing of

7   the sexual assault evidence may sign a written consent to

8   allow law enforcement to test the sexual assault evidence

9   at any time during that 10-year period for an adult

10  victim, or until a minor victim turns 28 years of age by

11  (A) contacting the law enforcement agency having

12  jurisdiction, or if unknown, the law enforcement agency

13  contacted by the hospital or approved pediatric health

14  care facility under Section 3.2 of the Criminal

15  Identification Act; or (B) by working with an advocate at

16  a rape crisis center;

17        (3) the name, address, and phone number of the law

18  enforcement agency having jurisdiction, or if unknown the

19  name, address, and phone number of the law enforcement

20  agency contacted by the hospital or approved pediatric

21  health care facility under Section 3.2 of the Criminal

22  Identification Act; and

23        (4) the name and phone number of a local rape crisis

24  center.

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

26 2024.
    SB1602 Enrolled    - 52 - LRB104 10007 BDA 20077 b

1 (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
2 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)

3   (410 ILCS 70/6.6)

4   Sec. 6.6. Submission of sexual assault evidence.

5   (a) As soon as practicable, but in no event more than 4

6 hours after the completion of a medical forensic examination

7 services, the hospital or approved pediatric health care

8 facility shall make reasonable efforts to determine the law

9 enforcement agency having jurisdiction where the sexual

10 assault occurred, if sexual assault evidence was collected.

11 The hospital or approved pediatric health care facility may

12 obtain the name of the law enforcement agency with

13 jurisdiction from the local law enforcement agency.

14  (b) Within 4 hours after the completion of a medical

15 forensic examination services, the hospital or approved

16 pediatric health care facility shall notify the law

17 enforcement agency having jurisdiction that the hospital or

18 approved pediatric health care facility is in possession of

19 sexual assault evidence and the date and time the collection

20 of evidence was completed. The hospital or approved pediatric

21 health care facility shall document the notification in the

22 patient's medical records and shall include the agency

23 notified, the date and time of the notification and the name of

24 the person who received the notification. This notification to

25 the law enforcement agency having jurisdiction satisfies the
    SB1602 Enrolled  - 53 - LRB104 10007 BDA 20077 b

1 hospital's or approved pediatric health care facility's

2 requirement to contact its local law enforcement agency under

3 Section 3.2 of the Criminal Identification Act.

4   (c) If the law enforcement agency having jurisdiction has

5 not taken physical custody of sexual assault evidence within 5

6 days of the first contact by the hospital or approved

7 pediatric health care facility, the hospital or approved

8 pediatric health care facility shall renotify the law

9 enforcement agency having jurisdiction that the hospital or

10 approved pediatric health care facility is in possession of

11 sexual assault evidence and the date the sexual assault

12 evidence was collected. The hospital or approved pediatric

13 health care facility shall document the renotification in the

14 patient's medical records and shall include the agency

15 notified, the date and time of the notification and the name of

16 the person who received the notification.

17  (d) If the law enforcement agency having jurisdiction has

18 not taken physical custody of the sexual assault evidence

19 within 10 days of the first contact by the hospital or approved

20 pediatric health care facility and the hospital or approved

21 pediatric health care facility has provided renotification

22 under subsection (c) of this Section, the hospital or approved

23 pediatric health care facility shall contact the State's

24 Attorney of the county where the law enforcement agency having

25 jurisdiction is located. The hospital or approved pediatric

26 health care facility shall inform the State's Attorney that
    SB1602 Enrolled             - 54 - LRB104 10007 BDA 20077 b

1 the hospital or approved pediatric health care facility is in

2 possession of sexual assault evidence, the date the sexual

3 assault evidence was collected, the law enforcement agency

4 having jurisdiction, the dates, times and names of persons

5 notified under subsections (b) and (c) of this Section. The

6 notification shall be made within 14 days of the collection of

7 the sexual assault evidence.

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

9 2024.

10 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

11 102-674, eff. 11-30-21.)

12  (410 ILCS 70/7)

13  Sec. 7. Reimbursement.

14  (a) A hospital, approved pediatric health care facility,

15 or health care professional furnishing medical forensic

16 examinations, medical care and treatment as defined by 77 Ill.

17 Adm. Code Part 545 services, an ambulance provider furnishing

18 transportation to a sexual assault survivor, a hospital,

19 health care professional, or laboratory providing follow-up

20 healthcare, or a pharmacy dispensing prescribed medications to

21 any sexual assault survivor shall furnish such services or

22 medications to that person without charge and shall seek

23 payment as follows:

24       (1) If a sexual assault survivor is eligible to

25  receive benefits under the medical assistance program
    SB1602 Enrolled  - 55 - LRB104 10007 BDA 20077 b

1   under Article V of the Illinois Public Aid Code, the

2   ambulance provider, hospital, approved pediatric health

3   care facility, health care professional, laboratory, or

4   pharmacy must submit the bill to the Department of

5   Healthcare and Family Services or the appropriate Medicaid

6   managed care organization and accept the amount paid as

7   full payment.

8   (2) If a sexual assault survivor is covered by one or

9   more policies of health insurance or is a beneficiary

10  under a public or private health coverage program, the

11  ambulance provider, hospital, approved pediatric health

12  care facility, health care professional, laboratory, or

13  pharmacy shall bill the insurance company or program. With

14  respect to such insured patients, applicable deductible,

15  co-pay, co-insurance, denial of claim, or any other

16  out-of-pocket insurance-related expense may be submitted

17  to the Illinois Sexual Assault Emergency Treatment Program

18  of the Department of Healthcare and Family Services in

19  accordance with 89 Ill. Adm. Code 148.510 for payment at

20  the Department of Healthcare and Family Services'

21  allowable rates under the Illinois Public Aid Code. The

22  ambulance provider, hospital, approved pediatric health

23  care facility, health care professional, laboratory, or

24  pharmacy shall accept the amounts paid by the insurance

25  company or health coverage program and the Illinois Sexual

26  Assault Treatment Program as full payment.
    SB1602 Enrolled  - 56 - LRB104 10007 BDA 20077 b

1   (3) If a sexual assault survivor (i) is neither

2   eligible to receive benefits under the medical assistance

3   program under Article V of the Illinois Public Aid Code

4   nor covered by a policy of insurance or a public or private

5   health coverage program or (ii) opts out of billing a

6   private insurance provider, as permitted under subsection

7   (a-5) of Section 7.5, the ambulance provider, hospital,

8   approved pediatric health care facility, health care

9   professional, laboratory, or pharmacy shall submit the

10  request for reimbursement to the Illinois Sexual Assault

11  Emergency Treatment Program under the Department of

12  Healthcare and Family Services in accordance with 89 Ill.

13  Adm. Code 148.510 at the Department of Healthcare and

14  Family Services' allowable rates under the Illinois Public

15  Aid Code.

16  (4) If a sexual assault survivor presents a sexual

17  assault services voucher for follow-up healthcare, the

18  healthcare professional, pediatric health care facility,

19  or laboratory that provides follow-up healthcare or the

20  pharmacy that dispenses prescribed medications to a sexual

21  assault survivor shall submit the request for

22  reimbursement for follow-up healthcare, pediatric health

23  care facility, laboratory, or pharmacy services to the

24  Illinois Sexual Assault Emergency Treatment Program under

25  the Department of Healthcare and Family Services in

26  accordance with 89 Ill. Adm. Code 148.510 at the
    SB1602 Enrolled  - 57 - LRB104 10007 BDA 20077 b

1   Department of Healthcare and Family Services' allowable

2   rates under the Illinois Public Aid Code. Nothing in this

3   subsection (a) precludes hospitals or approved pediatric

4   health care facilities from providing follow-up healthcare

5   and receiving reimbursement under this Section.

6   (b) Nothing in this Section precludes a hospital, health

7 care provider, ambulance provider, laboratory, or pharmacy

8 from billing the sexual assault survivor or any applicable

9 health insurance or coverage for inpatient services.

10  (b-5) Medical forensic examinations services furnished by

11 a qualified medical provider person or entity described under

12 subsection (a) to any sexual assault survivor on or after July

13 1, 2022 that are required under this Act to be reimbursed by

14 the Department of Healthcare and Family Services, the Illinois

15 Sexual Assault Emergency Treatment Program under the

16 Department of Healthcare and Family Services, or the

17 appropriate Medicaid managed care organization shall be

18 reimbursed at a rate of at least $1,000 or at allowable rates

19 under the Illinois Public Aid Code, whichever is greater.

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

21 Adm. Code Part 545 furnished to any sexual assault survivor to

22 be reimbursed by the Department of Healthcare and Family

23 Services, the Illinois Sexual Assault Emergency Treatment

24 Program under the Department of Healthcare and Family

25 Services, or the appropriate Medicaid managed care

26 organization shall be reimbursed at allowable rates under the
    SB1602 Enrolled          - 58 - LRB104 10007 BDA 20077 b

1 Illinois Public Aid Code.

2   (c) (Blank).

3   (d) (Blank).

4   (e) The Department of Healthcare and Family Services shall

5 establish standards, rules, and regulations to implement this

6 Section.

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

8 2024.

9 (Source: P.A. 102-22, eff. 6-25-21; 102-674, eff. 11-30-21;

10 102-699, Article 30, Section 30-5, eff. 4-19-22; 102-699,

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

12 and Section 99 of P.A. 102-1097 regarding the effective date

13 of changes made in Article 35 of P.A. 102-699); 103-154, eff.

14 6-30-23.)

15  (410 ILCS 70/7.5)

16  Sec. 7.5. Prohibition on billing sexual assault survivors

17 directly for certain services; written notice; billing

18 protocols.

19  (a) A hospital, approved pediatric health care facility,

20 health care professional, ambulance provider, laboratory, or

21 pharmacy furnishing a medical forensic examination services,

22 medical care and treatment as defined by 77 Ill. Adm. Code Part

23 545 transportation, follow-up healthcare, or medication to a

24 sexual assault survivor shall not:

25       (1) charge or submit a bill for any portion of the
    SB1602 Enrolled  - 59 - LRB104 10007 BDA 20077 b

1   costs of the services, transportation, or medications to

2   the sexual assault survivor, including any insurance

3   deductible, co-pay, co-insurance, denial of claim by an

4   insurer, spenddown, or any other out-of-pocket expense;

5   (2) communicate with, harass, or intimidate the sexual

6   assault survivor for payment of services, including, but

7   not limited to, repeatedly calling or writing to the

8   sexual assault survivor and threatening to refer the

9   matter to a debt collection agency or to an attorney for

10  collection, enforcement, or filing of other process;

11  (3) refer a bill to a collection agency or attorney

12  for collection action against the sexual assault survivor;

13  (4) contact or distribute information to affect the

14  sexual assault survivor's credit rating; or

15  (5) take any other action adverse to the sexual

16  assault survivor or his or her family on account of

17  providing services to the sexual assault survivor.

18  (a-5) Notwithstanding any other provision of law,

19 including, but not limited to, subsection (a), a sexual

20 assault survivor who is not the subscriber or primary

21 policyholder of the sexual assault survivor's insurance policy

22 may opt out of billing the sexual assault survivor's private

23 insurance provider. If the sexual assault survivor opts out of

24 billing the sexual assault survivor's private insurance

25 provider, then the bill for the medical forensic examination

26 services shall be sent to the Department of Healthcare and
    SB1602 Enrolled           - 60 - LRB104 10007 BDA 20077 b

1 Family Services' Sexual Assault Emergency Treatment Program

2 for reimbursement for the services provided to the sexual

3 assault survivor.

4   (b) Nothing in this Section precludes a hospital, health

5 care provider, ambulance provider, laboratory, or pharmacy

6 from billing the sexual assault survivor or any applicable

7 health insurance or coverage for inpatient services.

8   (c) Every hospital and approved pediatric health care

9 facility with a sexual assault treatment plan or sexual

10 assault transfer plan providing treatment services to sexual

11 assault survivors in accordance with a plan approved by the

12 Department under Section 2 of this Act shall provide a written

13 notice to a sexual assault survivor. The written notice must

14 include, but is not limited to, the following:

15  (1) a statement that the sexual assault survivor

16  should not be directly billed by any ambulance provider

17  providing transportation services, or by any hospital,

18  approved pediatric health care facility, health care

19  professional, laboratory, or pharmacy for the services the

20  sexual assault survivor received as an outpatient at the

21  hospital or approved pediatric health care facility;

22  (2) a statement that a sexual assault survivor who is

23  admitted to a hospital may be billed for inpatient

24  services provided by a hospital, health care professional,

25  laboratory, or pharmacy;

26  (3) a statement that prior to leaving the hospital or
    SB1602 Enrolled  - 61 - LRB104 10007 BDA 20077 b

1   approved pediatric health care facility, the hospital or

2   approved pediatric health care facility will give the

3   sexual assault survivor a sexual assault services voucher

4   for follow-up healthcare if the sexual assault survivor is

5   eligible to receive a sexual assault services voucher;

6        (4) the definition of "follow-up healthcare" as set

7   forth in Section 1a of this Act;

8        (5) (blank); a phone number the sexual assault

9   survivor may call should the sexual assault survivor

10  receive a bill from the hospital or approved pediatric

11  health care facility for medical forensic services;

12       (6) the toll-free phone number of the Office of the

13  Illinois Attorney General's Health Care Bureau General,

14  which the sexual assault survivor may call should the

15  sexual assault survivor receive a bill from an ambulance

16  provider, approved pediatric health care facility, a

17  health care professional, a laboratory, or a pharmacy.

18  This subsection (c) shall not apply to hospitals that

19 provide transfer services as defined under Section 1a of this

20 Act.

21  (d) Within 60 days after the effective date of this

22 amendatory Act of the 99th General Assembly, every health care

23 professional, except for those employed by a hospital or

24 hospital affiliate, as defined in the Hospital Licensing Act,

25 or those employed by a hospital operated under the University

26 of Illinois Hospital Act, who bills separately for medical or
    SB1602 Enrolled       - 62 - LRB104 10007 BDA 20077 b

1 forensic services must develop a billing protocol that ensures

2 that no survivor of sexual assault will be sent a bill for any

3 medical forensic services and submit the billing protocol to

4 the Office of the Attorney General for approval. Within 60

5 days after the commencement of the provision of medical

6 forensic services, every health care professional, except for

7 those employed by a hospital or hospital affiliate, as defined

8 in the Hospital Licensing Act, or those employed by a hospital

9 operated under the University of Illinois Hospital Act, who

10 bills separately for medical or forensic services must develop

11 a billing protocol that ensures that no survivor of sexual

12 assault is sent a bill for any medical forensic services and

13 submit the billing protocol to the Attorney General for

14 approval. Health care professionals who bill as a legal entity

15 may submit a single billing protocol for the billing entity.

16  Within 60 days after the Department's approval of a

17 treatment plan, a hospital or an approved pediatric health

18 care facility and any health care professional employed by an

19 approved pediatric health care facility must develop a billing

20 protocol that ensures that no survivor of sexual assault is

21 sent a bill for any medical forensic examination services and

22 submit the billing protocol to the Office of the Attorney

23 General for approval.

24  The billing protocol must include at a minimum:

25  (1) (blank); a description of training for persons who

26  prepare bills for medical and forensic services;
    SB1602 Enrolled  - 63 - LRB104 10007 BDA 20077 b

1   (2) (blank); a written acknowledgement signed by a

2   person who has completed the training that the person will

3   not bill survivors of sexual assault;

4   (3) prohibitions on submitting any bill for any

5   portion of the medical forensic examination services

6   provided to a survivor of sexual assault to a collection

7   agency;

8   (4) (blank); prohibitions on taking any action that

9   would adversely affect the credit of the survivor of

10  sexual assault;

11  (5) (blank); the termination of all collection

12  activities if the protocol is violated; and

13  (6) the actions to be taken if a bill is sent to a

14  collection agency or the failure to pay is reported to any

15  credit reporting agency; and.

16  (7) protocols and procedures for compliance with

17  subsections (a), (a-5), and (c) of this Section.

18  Upon request, the Department of Healthcare and Family

19 Services The Office of the Attorney General may provide

20 assistance to hospitals and approved pediatric health care

21 facilities developing billing protocols a sample acceptable

22 billing protocol upon request.

23  A hospital or approved pediatric health care facility

24 shall provide a copy of its billing protocol upon request The

25 Office of the Attorney General shall approve a proposed

26 protocol if it finds that the implementation of the protocol
    SB1602 Enrolled  - 64 - LRB104 10007 BDA 20077 b

1 would result in no survivor of sexual assault being billed or

2 sent a bill for medical forensic services.

3   If the Office of the Attorney General determines that

4 implementation of the protocol could result in the billing of

5 a survivor of sexual assault for medical forensic services,

6 the Office of the Attorney General shall provide the health

7 care professional or approved pediatric health care facility

8 with a written statement of the deficiencies in the protocol.

9 The health care professional or approved pediatric health care

10 facility shall have 30 days to submit a revised billing

11 protocol addressing the deficiencies to the Office of the

12 Attorney General. The health care professional or approved

13 pediatric health care facility shall implement the protocol

14 upon approval by the Office of the Attorney General.

15  The health care professional or approved pediatric health

16 care facility shall submit any proposed revision to or

17 modification of an approved billing protocol to the Office of

18 the Attorney General for approval. The health care

19 professional or approved pediatric health care facility shall

20 implement the revised or modified billing protocol upon

21 approval by the Office of the Illinois Attorney General.

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

23 2024.

24 (Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;

25 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff.

26 1-1-23.)
    SB1602 Enrolled  - 65 - LRB104 10007 BDA 20077 b

1   (410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)

2   Sec. 8. Violations and penalties Penalties.

3   (a) The Department shall implement a complaint system

4 through which the Department may receive complaints of

5 violations of this Act. The Department may use an existing

6 complaint system to fulfill the requirements of this Section.

7   (b) The Department may work with the Attorney General to

8 verify complaints that the Attorney General's Office Health

9 Care Bureau has received as set forth in Section 7.5.

10  (c) After receiving a complaint, the Department shall

11 determine whether the hospital or approved pediatric health

12 care facility is not in compliance with its approved plan or if

13 a violation of any provision of this Act or rules adopted under

14 this Act has occurred. Upon determining a violation of any

15 provision of this Act or rules adopted under this Act has

16 occurred, the Department shall issue a written notice of

17 violation that includes the specific items of noncompliance to

18 the hospital or approved pediatric health care facility.

19  (d) The hospital shall have 10 business days to submit to

20 the Department a plan of correction that contains the

21 hospital's or approved pediatric health care facility's

22 specific proposals for correcting the items of noncompliance.

23 The Department shall review the plan of correction and notify

24 the hospital in writing within 10 business days as to whether

25 the plan is acceptable or unacceptable. If the Department
    SB1602 Enrolled              - 66 - LRB104 10007 BDA 20077 b

1 finds the plan of correction unacceptable, the hospital or

2 approved pediatric health care facility shall have 10 business

3 days to resubmit an acceptable plan of correction. Upon

4 notification that its plan of correction is acceptable, a

5 hospital or approved pediatric health care facility shall

6 implement the plan of correction within 60 days. The

7 Department may conduct additional surveys or request

8 documentation from the hospital or approved pediatric health

9 care facility, as necessary, to ensure compliance with the

10 accepted plan of correction.

11  (e) If the hospital or approved pediatric health care

12 facility fails to submit an acceptable plan of correction or

13 implement an accepted plan of correction within the time

14 frames required in this Section, the Department may impose a

15 fine as follows:

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

17  violation; and

18  (2) at least $3,000 but less than $5,000 for a second

19  or subsequent violation.

20  (f) In imposing a fine, the Department shall consider the

21 following factors:

22  (1) the alleged violation or violations and the

23  adequacy of the response by the hospital or pediatric

24  facility;

25  (2) any historical pattern or practice of

26  noncompliance with this Act;
    SB1602 Enrolled             - 67 - LRB104 10007 BDA 20077 b

1   (3) the number of patients seeking treatment and

2   support from the hospital or pediatric facility affected

3   by the violation.

4   (g) The Department's notice of violation shall include, at

5 a minimum, the following:

6   (1) the hospital or approved pediatric health care

7   facility's right to request an administrative hearing to

8   contest the Department's notice of violation;

9   (2) an opportunity to present evidence, orally, in

10  writing, or both, on the question of the alleged violation

11  before an administrative law judge; and

12  (3) an opportunity to file an answer responding to the

13  Department's notice of violation.

14  (h) The Department shall follow all rules of practice and

15 procedure for hearings conducted under this Section pursuant

16 to 77 Ill. Adm. Code Part 100. After an administrative hearing

17 before an administrative law judge or hearing officer, the

18 Director shall issue a final written decision, or a final

19 order, based on the administrative law judge's findings of

20 fact, conclusions of law, and recommendation. The final order

21 shall also include the monetary penalty against such hospital

22 or pediatric facility.

23  (i) The Attorney General may bring an action in the

24 circuit court to enforce the collection of a monetary penalty

25 imposed under this Section.

26  (j) The fines under this Section shall be deposited into
    SB1602 Enrolled  - 68 - LRB104 10007 BDA 20077 b

1 the Sexual Assault Services Fund. Any hospital or approved

2 pediatric health care facility violating any provisions of

3 this Act other than Section 7.5 shall be guilty of a petty

4 offense for each violation, and any fine imposed shall be paid

5 into the general corporate funds of the city, incorporated

6 town or village in which the hospital or approved pediatric

7 health care facility is located, or of the county, in case such

8 hospital is outside the limits of any incorporated

9 municipality.

10  (b) The Attorney General may seek the assessment of one or

11 more of the following civil monetary penalties in any action

12 filed under this Act where the hospital, approved pediatric

13 health care facility, health care professional, ambulance

14 provider, laboratory, or pharmacy knowingly violates Section

15 7.5 of the Act:

16  (1) For willful violations of paragraphs (1), (2),

17  (4), or (5) of subsection (a) of Section 7.5 or subsection

18  (c) of Section 7.5, the civil monetary penalty shall not

19  exceed $500 per violation.

20  (2) For violations of paragraphs (1), (2), (4), or (5)

21  of subsection (a) of Section 7.5 or subsection (c) of

22  Section 7.5 involving a pattern or practice, the civil

23  monetary penalty shall not exceed $500 per violation.

24  (3) For violations of paragraph (3) of subsection (a)

25  of Section 7.5, the civil monetary penalty shall not

26  exceed $500 for each day the bill is with a collection
    SB1602 Enrolled          - 69 - LRB104 10007 BDA 20077 b

1   agency.

2         (4) For violations involving the failure to submit

3   billing protocols within the time period required under

4   subsection (d) of Section 7.5, the civil monetary penalty

5   shall not exceed $100 per day until the health care

6   professional or approved pediatric health care facility

7   complies with subsection (d) of Section 7.5.

8   All civil monetary penalties shall be deposited into the

9 Violent Crime Victims Assistance Fund.

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

11 2024.

12 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

13 102-674, eff. 11-30-21.)

14  (410 ILCS 70/10)

15  Sec. 10. Sexual Assault Nurse Examiner Program.

16  (a) The Sexual Assault Nurse Examiner Program is

17 established within the Office of the Attorney General. The

18 Sexual Assault Nurse Examiner Program shall maintain a list of

19 sexual assault nurse examiners who have completed didactic and

20 clinical training requirements consistent with the Sexual

21 Assault Nurse Examiner Education Guidelines established by the

22 International Association of Forensic Nurses.

23  (b) By March 1, 2019, the Sexual Assault Nurse Examiner

24 Program shall develop and make available to hospitals 2 hours

25 of online sexual assault training for emergency department
    SB1602 Enrolled           - 70 - LRB104 10007 BDA 20077 b

1 clinical staff to meet the training requirement established in

2 subsection (a) of Section 2. Notwithstanding any other law

3 regarding ongoing licensure requirements, such training shall

4 count toward the continuing medical education and continuing

5 nursing education credits for physicians, physician

6 assistants, advanced practice registered nurses, and

7 registered professional nurses.

8   The Sexual Assault Nurse Examiner Program shall provide

9 didactic and clinical training opportunities consistent with

10 the Sexual Assault Nurse Examiner Education Guidelines

11 established by the International Association of Forensic

12 Nurses, in sufficient numbers and geographical locations

13 across the State, to assist hospitals with training the

14 necessary number of sexual assault nurse examiners to comply

15 with the requirement of this Act to employ or contract with a

16 qualified medical provider to initiate a medical forensic

17 examination services to a sexual assault survivor within 90

18 minutes of the patient presenting to the hospital as required

19 in subsection (a-7) of Section 5.

20  The Sexual Assault Nurse Examiner Program shall assist

21 hospitals in establishing trainings to achieve the

22 requirements of this Act.

23  For the purpose of providing continuing medical education

24 credit in accordance with the Medical Practice Act of 1987 and

25 administrative rules adopted under the Medical Practice Act of

26 1987 and continuing education credit in accordance with the
    SB1602 Enrolled          - 71 - LRB104 10007 BDA 20077 b

1 Nurse Practice Act and administrative rules adopted under the

2 Nurse Practice Act to health care professionals for the

3 completion of sexual assault training provided by the Sexual

4 Assault Nurse Examiner Program under this Act, the Office of

5 the Attorney General shall be considered a State agency.

6   (c) The Sexual Assault Nurse Examiner Program, in

7 consultation with qualified medical providers, shall create

8 uniform materials that all hospitals treatment hospitals,

9 treatment hospitals with approved pediatric transfer, and

10 approved pediatric health care facilities are required to give

11 patients and non-offending parents or legal guardians, if

12 applicable, regarding the medical forensic exam procedure,

13 laws regarding consenting to medical forensic examinations

14 services, and the benefits and risks of evidence collection,

15 including recommended time frames for evidence collection

16 pursuant to evidence-based research. These materials shall be

17 made available to all hospitals and approved pediatric health

18 care facilities on the Office of the Attorney General's

19 website.

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

21 2024.

22 (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

23 102-674, eff. 11-30-21.)

24  (410 ILCS 70/15 new)

25  Sec. 15. Qualified medical provider list; Sexual Assault
    SB1602 Enrolled  - 72 - LRB104 10007 BDA 20077 b

1 Nurse Examiner and Sexual Assault Forensic Examiner

2 qualifications.

3   (a) The Office of the Attorney General shall maintain a

4 list of qualified medical providers, which includes health

5 care professionals who have been qualified by the Sexual

6 Assault Nurse Examiner Program Coordinator at the Office of

7 the Attorney General to practice as an Adult/Adolescent or

8 Pediatric/Adolescent Sexual Assault Nurse Examiner, or

9 Adult/Adolescent or Pediatric/Adolescent Sexual Assault

10 Forensic Examiner. The list may also include Board-certified

11 and Board-eligible child abuse pediatricians.

12  (b) The Sexual Assault Nurse Examiner Program Coordinator

13 shall review documentation submitted by health care

14 professionals in accordance with this Section and ascertain

15 whether standards for qualification are met:

16  (1) To be qualified as an Adult/Adolescent or

17  Pediatric/Adolescent Sexual Assault Forensic Examiner, a

18  physician or physician assistant shall submit

19  documentation of didactic and clinical training, and

20  clinical experience, that meets or is substantially

21  similar to the Sexual Assault Nurse Examiner Education

22  Guidelines, established by the International Association

23  of Forensic Nurses. Didactic and clinical training shall

24  be documented in the form and manner prescribed by the

25  Office of the Attorney General.

26  (2) To be qualified as an Adult/Adolescent or
    SB1602 Enrolled  - 73 - LRB104 10007 BDA 20077 b

1   Pediatric/Adolescent Sexual Assault Nurse Examiner, an

2   advanced practice registered nurse or registered

3   professional nurse shall complete didactic and clinical

4   training that is consistent with the Sexual Assault Nurse

5   Examiner Education Guidelines established by the

6   International Association of Forensic Nurses and approved

7   by the Sexual Assault Nurse Examiner Program Coordinator.

8   Didactic and clinical training shall be documented in the

9   form and manner prescribed by the Office of the Attorney

10  General.

11  A valid Sexual Assault Nurse Examiner certification by

12  the International Association of Forensic Nurses is

13  sufficient documentation for the Sexual Assault Nurse

14  Examiner Program Coordinator to qualify an advanced

15  practice registered nurse or registered professional nurse

16  as a qualified medical provider.

17  (3) If a board-certified or board-eligible child abuse

18  pediatrician is included in the current Directory of

19  Healthcare Providers for Child Abuse and Neglect

20  Investigations, published by the Pediatric Resource

21  Center, or the successor report of a different name, then

22  the Sexual Assault Nurse Examiner Program Coordinator may

23  add that person to the list of qualified medical

24  providers.

25  The Office of the Attorney General may require health care

26 professionals to meet additional standards to be on the list,
    SB1602 Enrolled  - 74 - LRB104 10007 BDA 20077 b

1 if it is determined necessary at the time to ensure

2 qualification is attained in accordance with applicable laws,

3 rules, regulations, protocols, standards of care, and Sexual

4 Assault Nurse Examiner Program goals.

5   (c) To remain on the Qualified Medical Provider List,

6 Sexual Assault Nurse Examiners and Sexual Assault Forensic

7 Examiners must verify their continuing education and

8 competency as a qualified medical provider every 3 years.

9 Sexual Assault Nurse Examiners and Sexual Assault Forensic

10 Examiners shall submit the following documentation to the

11 Sexual Assault Nurse Examiner Program Coordinator by April

12 30th of the verification year so the Sexual Assault Nurse

13 Examiner Program Coordinator can ascertain whether standards

14 to remain on the Qualified Medical Provider List have been

15 met.

16  A valid Sexual Assault Nurse Examiner certification by the

17 International Association of Forensic Nurses is sufficient

18 documentation to verify a sexual assault nurse examiner's

19 continued education and competency as a qualified medical

20 provider.

21  In lieu of an updated, valid International Association of

22 Forensic Nurses certification, the Sexual Assault Nurse

23 Examiner Coordinator, Emergency Department Director, or the

24 Director of the facility where the health care professional is

25 employed shall attest to the health care professional's

26 continuing education and competency as a qualified medical
    SB1602 Enrolled           - 75 - LRB104 10007 BDA 20077 b

1 provider. If the health care professional is contracted to

2 work as a Sexual Assault nurse examiner or sexual assault

3 forensic examiner, then the Sexual assault nurse examiner

4 Coordinator or Director of the staffing company shall attest

5 to the health care professional's continuing education and

6 competency as a qualified medical provider. The attestation

7 shall be in the form and manner prescribed by the Office of the

8 Illinois Attorney General.

9   If the health care professional has had more than a

10 one-year lapse in providing medical forensic examinations to

11 patients, then a mock medical forensic examination must be

12 completed for skill verification with a sexual assault nurse

13 examiner certified by the International Association of

14 Forensic Nursing.

15  If documentation is submitted by April 30, then the Sexual

16 Assault Nurse Examiner Program Coordinator shall provide

17 notice of whether standards to remain on the Qualified Medical

18 Provider list have been met by June 30th of the same year. If

19 the submission is insufficient, then the notice shall include

20 a statement of deficiencies and the standards for

21 qualification to be met. The health care professional shall

22 have 30 days after the notice is sent to cure a deficient

23 submission. If a health care professional does not meet the

24 standards to be on the Qualified Medical Provider List after a

25 period to cure an insufficient submission, then the health

26 care professional shall be notified and removed from the
    SB1602 Enrolled         - 76 - LRB104 10007 BDA 20077 b

1 Qualified Medical Provider List. If a sexual assault nurse

2 examiner or sexual assault forensic examiner on the Qualified

3 Medical Provider list does not verify continued education and

4 competency as a qualified medical provider after 3 years and

5 does not submit documentation to the Sexual Assault Nurse

6 Examiner Program Coordinator by April 30 of the verification

7 year, then the health care professional shall be notified that

8 they will be removed from the Qualified Medical Provider List

9 in 60 days. The health care professional shall submit

10 sufficient documentation to remain on the Qualified Medical

11 Provider list within the 60-day period or be removed from the

12 Qualified Medical Provider List.

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

14 2026.

15  (410 ILCS 70/2.1 rep.)

16  (410 ILCS 70/8.5 rep.)

17  Section 10. The Sexual Assault Survivors Emergency

18 Treatment Act is amended by repealing Sections 2.1 and 8.5.
Every fact on this page links to its source, starting with the official bill record.