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.