CRIME VICTIMS RIGHTS

Full Bill Text

SB3506 Enrolled LRB104 19574 RLC 33022 b 1 AN ACT concerning criminal law. 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, 5, and 6.5 6 as follows: 7 (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a) 8 Sec. 1a. Definitions. 9 (a) In this Act: 10 "Acute sexual assault" means a sexual assault that has 11 recently occurred. For patients under the age of 13, "acute 12 sexual assault" means a sexual assault that has occurred 13 within the past 72 hours. For patients 13 years old or older, 14 "acute sexual assault" means a sexual assault that has 15 occurred within the past 168 hours. 16 "Advanced practice registered nurse" has the meaning 17 provided in Section 50-10 of the Nurse Practice Act. 18 "Ambulance provider" means an individual or entity that 19 owns and operates a business or service using ambulances or 20 emergency medical services vehicles to transport emergency 21 patients. 22 "Approved pediatric health care facility" means a health 23 care facility, other than a hospital, with a sexual assault SB3506 Enrolled - 2 - LRB104 19574 RLC 33022 b 1 treatment plan approved by the Department to provide medical 2 forensic examinations to sexual assault survivors under the 3 age of 18 who present with a complaint of acute sexual assault. 4 "Areawide sexual assault treatment plan" means a plan, 5 developed by hospitals or by hospitals and approved pediatric 6 health care facilities in a community or area to be served, 7 which provides for medical forensic examinations to acute 8 sexual assault survivors that shall be made available by each 9 of the participating hospitals and approved pediatric health 10 care facilities. 11 "Assent" means the expressed willingness to participate in 12 an activity or give permission. 13 "Board-certified child abuse pediatrician" means a 14 physician certified by the American Board of Pediatrics in 15 child abuse pediatrics. 16 "Board-eligible child abuse pediatrician" means a 17 physician who has completed the requirements set forth by the 18 American Board of Pediatrics to take the examination for 19 certification in child abuse pediatrics. 20 "Decisional capacity" means the ability to understand and 21 appreciate the nature and consequences of a decision regarding 22 medical treatment or evidence collection and the ability to 23 reach and communicate an informed decision in the matter as 24 determined by a physician, an advanced practice registered 25 nurse, or a physician assistant. 26 "Department" means the Department of Public Health. SB3506 Enrolled - 3 - LRB104 19574 RLC 33022 b 1 "Distant site" has the meaning given to that term in 2 Section 5 of the Telehealth Act. 3 "Emergency contraception" means medication as approved by 4 the federal Food and Drug Administration (FDA) that can 5 significantly reduce the risk of pregnancy if taken within 72 6 hours after sexual assault. 7 "Follow-up healthcare" means healthcare services related 8 to a sexual assault, including laboratory services and 9 pharmacy services, rendered within 180 days of the initial 10 visit as a result of the sexual assault. 11 "Guardian" means a court appointed guardian of the person. 12 "Guardian" includes the DCFS Guardianship Administrator or the 13 DCFS Guardianship Administrator's authorized agent for a minor 14 in temporary custody or guardianship of the Department of 15 Children and Family Services, pursuant to a court order 16 entered in proceedings occurring under the Juvenile Court Act 17 of 1987. "Guardian" also includes a short-term guardian 18 appointed for an adult in accordance with Section 11a-3.2 of 19 the Probate Act of 1975. 20 "Health care professional" means a physician, a physician 21 assistant, a sexual assault forensic examiner, an advanced 22 practice registered nurse, a registered professional nurse, a 23 licensed practical nurse, or a sexual assault nurse examiner. 24 "Hospital" means a hospital licensed under the Hospital 25 Licensing Act or operated under the University of Illinois 26 Hospital Act, any outpatient center included in the hospital's SB3506 Enrolled - 4 - LRB104 19574 RLC 33022 b 1 sexual assault treatment plan where hospital employees provide 2 medical forensic examinations, and an out-of-state hospital 3 that has consented to the jurisdiction of the Department under 4 Section 2.06. 5 "Illinois State Police Sexual Assault Evidence Collection 6 Kit" means a prepackaged set of materials and forms to be used 7 for the collection of evidence relating to sexual assault. The 8 standardized evidence collection kit for the State of Illinois 9 shall be the Illinois State Police Sexual Assault Evidence 10 Collection Kit. 11 "Law enforcement agency having jurisdiction" means the law 12 enforcement agency in the jurisdiction where an alleged sexual 13 assault or sexual abuse occurred. 14 "Licensed practical nurse" has the meaning provided in 15 Section 50-10 of the Nurse Practice Act. 16 "Medical forensic examination" means health care delivered 17 to patients in the care of a qualified medical provider 18 working at a treatment hospital, treatment hospital with 19 approved pediatric transfer, or an approved pediatric health 20 care facility that is either: (i) performed by a qualified 21 medical provider, or (ii) performed by a trained provider and 22 precepted by a qualified medical provider . A "medical "Medical 23 forensic examination" may be assisted with the use of a 24 TeleSANE interactive telecommunications system and includes, 25 but is not limited to, taking a medical history, performing 26 photo documentation, performing a physical and anogenital SB3506 Enrolled - 5 - LRB104 19574 RLC 33022 b 1 examination, assessing the patient for evidence collection, 2 collecting evidence in accordance with a statewide sexual 3 assault evidence collection program administered by the 4 Illinois State Police using the Illinois State Police Sexual 5 Assault Evidence Collection Kit, if appropriate, assessing the 6 patient for drug-facilitated or alcohol-facilitated sexual 7 assault, providing an evaluation of and care for sexually 8 transmitted infection and human immunodeficiency virus (HIV), 9 pregnancy risk evaluation and care, and discharge and 10 follow-up healthcare planning. 11 "Minor" means a person who has not attained the age of 18 12 years. 13 "Originating site" has the meaning given to that term in 14 Section 5 of the Telehealth Act. 15 "Originating site provider" means a trained provider or 16 qualified medical provider at the originating site. 17 "Pediatric health care facility" means a clinic or 18 physician's office that provides medical services to patients 19 under the age of 18. 20 "Pediatric sexual assault survivor" means a person under 21 the age of 13 who presents for a medical forensic examination 22 in relation to injuries or trauma resulting from a sexual 23 assault. 24 "Precept" means to provide direct and active clinical 25 oversight to a trained provider during the performance of a 26 medical forensic examination in a clinical setting, whether SB3506 Enrolled - 6 - LRB104 19574 RLC 33022 b 1 in-person or via a TeleSANE interactive telecommunications 2 system. 3 "Photo documentation" means digital photographs or 4 colposcope videos stored and backed up securely in the 5 original file format. 6 "Physician" means a person licensed to practice medicine 7 in all its branches. 8 "Physician assistant" has the meaning provided in Section 9 4 of the Physician Assistant Practice Act of 1987. 10 "Qualified medical provider" means a board-certified child 11 abuse pediatrician, board-eligible child abuse pediatrician, a 12 sexual assault forensic examiner, or a sexual assault nurse 13 examiner who has access to photo documentation tools, and who 14 participates in peer review. 15 "Registered Professional Nurse" has the meaning provided 16 in Section 50-10 of the Nurse Practice Act. 17 "Sexual assault" means: 18 (1) an act of sexual conduct; as used in this 19 paragraph, "sexual conduct" has the meaning provided under 20 Section 11-0.1 of the Criminal Code of 2012; or 21 (2) any act of sexual penetration; as used in this 22 paragraph, "sexual penetration" has the meaning provided 23 under Section 11-0.1 of the Criminal Code of 2012 and 24 includes, without limitation, acts prohibited under 25 Sections 11-1.20 through 11-1.60 of the Criminal Code of 26 2012. SB3506 Enrolled - 7 - LRB104 19574 RLC 33022 b 1 "Sexual assault forensic examiner" means a physician or 2 physician assistant who has completed training that meets or 3 is substantially similar to the Sexual Assault Nurse Examiner 4 Education Guidelines established by the International 5 Association of Forensic Nurses. 6 "Sexual assault nurse examiner" means an advanced practice 7 registered nurse or registered professional nurse who is 8 designated as Adult/Adolescent, Pediatric/Adolescent, or both, 9 according to the population of survivors the nurse is 10 qualified to treat and: 11 (1) is certified as a Sexual Assault Nurse Examiner by 12 the International Association of Forensic Nurses; or 13 (2) has completed training that meets the Sexual 14 Assault Nurse Examiner Education Guidelines established by 15 the International Association of Forensic Nurses and is 16 approved by the Sexual Assault Nurse Examiner Program 17 Coordinator. 18 "Sexual Assault Nurse Examiner Program Coordinator" means 19 an advanced practice registered nurse or a registered 20 professional nurse that is a qualified medical provider, and 21 who is the employee at Attorney General's Office who oversees 22 the Sexual Assault Nurse Examiner Program. 23 "Sexual assault services voucher" means a document 24 generated by a hospital or approved pediatric health care 25 facility where the sexual assault survivor first presents and 26 that may be used to seek payment for any ambulance services, a SB3506 Enrolled - 8 - LRB104 19574 RLC 33022 b 1 medical forensic examination, medical care and treatment as 2 defined by 77 Ill. Adm. Code Part 545, laboratory services, 3 pharmacy services, and follow-up healthcare provided as a 4 result of the sexual assault. 5 "Sexual assault survivor" means a person who presents for 6 a medical forensic examination or medical care and treatment 7 in relation to injuries or trauma resulting from a sexual 8 assault. 9 "Sexual assault transfer plan" means a written plan 10 developed by a hospital and approved by the Department, which 11 describes the hospital's procedures for transferring acute 12 sexual assault survivors to another hospital, and an approved 13 pediatric health care facility, if applicable, in order to 14 receive medical forensic examinations performed by qualified 15 medical providers. 16 "Sexual assault treatment plan" means a written plan that 17 describes the procedures and protocols for providing medical 18 forensic examinations to acute sexual assault survivors who 19 present themselves for such services performed by qualified 20 medical providers, either directly or through transfer from a 21 hospital or an approved pediatric health care facility. 22 "TeleSANE Interactive Telecommunications System" has the 23 meaning given to the term "interactive telecommunications 24 system" in Section 5 of the Telehealth Act. As used in this 25 Act, "TeleSANE interactive telecommunications system" does not 26 include an audio-only telephone system. SB3506 Enrolled - 9 - LRB104 19574 RLC 33022 b 1 "Trained provider" means a health care professional who is 2 training to become a qualified medical provider and has 3 completed didactic training that has been reviewed and 4 approved by the SANE Program Coordinator at the Attorney 5 General's Office. 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 11 hospital or an approved pediatric health care facility 12 pursuant to a sexual assault treatment plan or areawide sexual 13 assault treatment plan. 14 "Treatment hospital" means a hospital with a sexual 15 assault treatment plan approved by the Department to provide 16 medical forensic examinations to acute sexual assault 17 survivors. 18 "Treatment hospital with approved pediatric transfer" 19 means a hospital with a treatment plan approved by the 20 Department to provide medical forensic examinations to sexual 21 assault survivors 13 years old or older who present with a 22 complaint of acute sexual assault. 23 (b) This Section is effective on and after January 1, 24 2024. 25 (Source: P.A. 103-154, eff. 6-30-23; 104-386, eff. 1-1-26 .) SB3506 Enrolled - 10 - LRB104 19574 RLC 33022 b 1 (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2) 2 Sec. 2. Hospital and approved pediatric health care 3 facility requirements for sexual assault plans. 4 (a) Hospital services for sexual assault survivors. Every 5 hospital required to be licensed by the Department pursuant to 6 the Hospital Licensing Act, or operated under the University 7 of Illinois Hospital Act that provides general medical and 8 surgical hospital services shall provide either : (i) transfer 9 services to all acute sexual assault survivors, (ii) medical 10 forensic examinations to all acute sexual assault survivors, 11 or (iii) transfer services to pediatric acute sexual assault 12 survivors and medical forensic examinations to acute sexual 13 assault survivors 13 years old or older, in accordance with 14 rules adopted by the Department. 15 (b) Hospitals; plan to either treat or transfer acute 16 sexual assault survivors. In addition, every such hospital, 17 regardless of whether or not a request is made for 18 reimbursement, shall submit to the Department a plan to 19 provide either : (i) transfer services to all acute sexual 20 assault survivors, (ii) medical forensic examinations to all 21 acute sexual assault survivors, or (iii) transfer services to 22 pediatric acute sexual assault survivors and medical forensic 23 examinations to acute sexual assault survivors 13 years old or 24 older within the time frame established by the Department. The 25 Department shall approve such plan for either (i) transfer 26 services to all acute sexual assault survivors, (ii) medical SB3506 Enrolled - 11 - LRB104 19574 RLC 33022 b 1 forensic examinations to all acute sexual assault survivors, 2 or (iii) transfer services to pediatric acute sexual assault 3 survivors and medical forensic examinations to acute sexual 4 assault survivors 13 years old or older, if it finds that the 5 implementation of the proposed plan would provide (1) (i) 6 transfer services or (2) (ii) medical forensic examinations 7 for acute sexual assault survivors in accordance with the 8 requirements of this Act and provide sufficient protections 9 from the risk of pregnancy to acute sexual assault survivors. 10 (b-5) Hospitals located near public universities. 11 Hospitals located in counties with a population of less than 12 1,000,000 and within a 20-mile radius of a 4-year public 13 university shall submit an areawide sexual assault treatment 14 plan that is approved by the Department. The approved areawide 15 plan shall include at least one treatment hospital or 16 treatment hospital with approved pediatric transfer within the 17 20-mile radius of the 4-year public university. 18 (c) Treatment hospitals with approved pediatric transfer. 19 A treatment hospital with approved pediatric transfer must 20 submit an areawide treatment plan under Section 3 of this Act 21 that includes a written agreement with a treatment hospital 22 stating that the treatment hospital will provide medical 23 forensic examinations to pediatric sexual assault survivors 24 transferred from the treatment hospital with approved 25 pediatric transfer. The areawide treatment plan may also 26 include an approved pediatric health care facility. SB3506 Enrolled - 12 - LRB104 19574 RLC 33022 b 1 (d) Training requirements for emergency department health 2 care professionals at treatment hospitals and treatment 3 hospitals with approved pediatric transfer. After July 1, 2020 4 or once a treatment hospital or a treatment hospital with 5 approved pediatric transfer certifies compliance with 6 subsection (a-3) of Section 5, whichever occurs first, each 7 treatment hospital and treatment hospital with approved 8 pediatric transfer shall ensure that emergency department 9 physicians, physician assistants, advanced practice registered 10 nurses, and registered professional nurses providing clinical 11 services, who do not meet the definition of a qualified 12 medical provider in Section 1a of this Act, receive a minimum 13 of 2 hours of continuing education on responding to acute 14 sexual assault survivors every 2 years. Protocols for training 15 shall be included in the hospital's sexual assault treatment 16 plan. Sexual assault training provided under this subsection 17 may be provided in person or online and shall include, but not 18 be limited to: 19 (1) information provided on the provision of a medical 20 forensic examination; 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 SB3506 Enrolled - 13 - LRB104 19574 RLC 33022 b 1 (4) information on the hospital's sexual 2 assault-related policies and procedures. The online 3 training made available by the Office of the Attorney 4 General under subsection (b) of Section 10 may be used to 5 comply with this subsection. 6 (e) Hospital sexual assault transfer plans. 7 (1) A transfer hospital must submit an areawide 8 treatment plan under Section 3 of this Act that includes a 9 written agreement with a treatment hospital stating that 10 the treatment hospital will provide medical forensic 11 examinations to all sexual assault survivors transferred 12 from the transfer hospital. The areawide treatment plan 13 may also include an approved pediatric health care 14 facility. 15 Notwithstanding anything to the contrary in this 16 paragraph, the areawide treatment plan may include a 17 written agreement with a treatment hospital with approved 18 pediatric transfer that is geographically closer than 19 other hospitals providing medical forensic examinations to 20 sexual assault survivors 13 years of age or older stating 21 that the treatment hospital with approved pediatric 22 transfer will provide medical forensic examinations to 23 sexual assault survivors 13 years of age or older who are 24 transferred from the transfer hospital. If the areawide 25 treatment plan includes a written agreement with a 26 treatment hospital with approved pediatric transfer, it SB3506 Enrolled - 14 - LRB104 19574 RLC 33022 b 1 must also include a written agreement with a treatment 2 hospital stating that the treatment hospital will provide 3 medical forensic examinations to sexual assault survivors 4 under 13 years of age who are transferred from the 5 transfer hospital. 6 (2) Notwithstanding anything to the contrary in this 7 subsection, the Department may approve a sexual assault 8 transfer plan for the provision of medical forensic 9 examinations if: 10 (A) (1) a treatment hospital with approved 11 pediatric transfer has agreed, as part of an areawide 12 treatment plan, to accept acute sexual assault 13 survivors 13 years of age or older from the proposed 14 transfer hospital, if the treatment hospital with 15 approved pediatric transfer is geographically closer 16 to the transfer hospital than a treatment hospital or 17 another treatment hospital with approved pediatric 18 transfer and such transfer is not unduly burdensome on 19 the sexual assault survivor; and 20 (B) (2) a treatment hospital has agreed, as a part 21 of an areawide treatment plan, to accept acute sexual 22 assault survivors under 13 years of age from the 23 proposed transfer hospital and transfer to the 24 treatment hospital would not unduly burden the sexual 25 assault survivor. 26 (e-5) Unduly burdensome transfers. The Department may not SB3506 Enrolled - 15 - LRB104 19574 RLC 33022 b 1 approve a sexual assault transfer plan unless a treatment 2 hospital has agreed, as a part of an areawide treatment plan, 3 to accept acute sexual assault survivors from the proposed 4 transfer hospital and a transfer to the treatment hospital 5 would not unduly burden the sexual assault survivor. 6 In determining whether a to approve a sexual assault 7 transfer plan under this subsection, the Department shall 8 evaluate whether the proposed plan would result in unduly 9 burdensome patient transfers . To avoid unduly burdensome 10 patient transfers , the Department shall consider the following 11 factors in approving or denying the proposed sexual assault 12 transfer plan: 13 (1) geographic proximity to the treatment hospital or 14 treatment hospital with approved pediatric transfer, with 15 priority given to sexual assault transfer plans which 16 transfer acute sexual assault survivors to the 17 geographically closest treatment hospital or treatment 18 hospital with approved pediatric transfer that has the 19 capacity to provide ease of transfer to and accept acute 20 sexual assault survivors from the proposed transfer 21 hospital and is willing to provide them medical forensic 22 examinations; 23 (2) the existence of an areawide treatment plan to 24 provide medical forensic examinations to acute sexual 25 assault survivors in the region; 26 (3) the average daily, monthly, and annual number of SB3506 Enrolled - 16 - LRB104 19574 RLC 33022 b 1 sexual assault survivors who presented and received 2 medical forensic examinations; 3 (4) the number of qualified medical providers employed 4 at the hospital; 5 (5) the existence of other agreements between transfer 6 hospitals and other acute care hospitals related to 7 patient referral and transfer, communication, patient 8 medical records, and emergency and non-emergency patient 9 transportation; 10 (6) the number of transfer hospitals with which a 11 treatment hospital has a transfer agreement and its 12 capacity to enter into additional transfer agreements, for 13 which special consideration shall be given to treatment 14 hospitals currently providing medical forensic 15 examinations to acute sexual assault survivors; and 16 (7) the provisions in the plan for initial 17 transportation to the treatment hospital or treatment 18 hospital with approved pediatric transfer, as well as 19 appropriate return transportation, which should include 20 hospital-facilitated and survivor-facilitated options to 21 attempt to minimize survivor wait times while also taking 22 into consideration extenuating factors outside the 23 hospital's control, including , but not limited to, which 24 facility is responsible for arranging transportation, 25 transportation options, and hospital-specific factors 26 influencing survivor wait time, including, but not limited SB3506 Enrolled - 17 - LRB104 19574 RLC 33022 b 1 to, discharge planning and arranging hospital-facilitated 2 transportation in a manner that minimizes the amount of 3 time a survivor waits for transportation under the 4 proposed plan. 5 In approving or denying the proposed sexual assault 6 transfer plan, the Department may also consider other factors, 7 including, but not limited to, hospital capacity, emergency 8 department patient volume, communication, and transportation 9 capacity. 10 Hospitals located in counties with a population of less 11 than 1,000,000 and within a 20-mile radius of a 4-year public 12 university shall submit an areawide sexual assault treatment 13 plan that is approved by the Department. The approved areawide 14 plan shall include at least one treatment hospital or 15 treatment hospital with approved pediatric transfer within the 16 20-mile radius of the 4-year public university. 17 A transfer must be in accordance with federal and State 18 laws and local ordinances. 19 A treatment hospital with approved pediatric transfer must 20 submit an areawide treatment plan under Section 3 of this Act 21 that includes a written agreement with a treatment hospital 22 stating that the treatment hospital will provide medical 23 forensic examinations to pediatric sexual assault survivors 24 transferred from the treatment hospital with approved 25 pediatric transfer. The areawide treatment plan may also 26 include an approved pediatric health care facility. SB3506 Enrolled - 18 - LRB104 19574 RLC 33022 b 1 A transfer hospital must submit an areawide treatment plan 2 under Section 3 of this Act that includes a written agreement 3 with a treatment hospital stating that the treatment hospital 4 will provide medical forensic examinations to all sexual 5 assault survivors transferred from the transfer hospital. The 6 areawide treatment plan may also include an approved pediatric 7 health care facility. Notwithstanding anything to the contrary 8 in this paragraph, the areawide treatment plan may include a 9 written agreement with a treatment hospital with approved 10 pediatric transfer that is geographically closer than other 11 hospitals providing medical forensic examinations to sexual 12 assault survivors 13 years of age or older stating that the 13 treatment hospital with approved pediatric transfer will 14 provide medical forensic examinations to sexual assault 15 survivors 13 years of age or older who are transferred from the 16 transfer hospital. If the areawide treatment plan includes a 17 written agreement with a treatment hospital with approved 18 pediatric transfer, it must also include a written agreement 19 with a treatment hospital stating that the treatment hospital 20 will provide medical forensic examinations to sexual assault 21 survivors under 13 years of age who are transferred from the 22 transfer hospital. 23 Beginning January 1, 2019, each treatment hospital and 24 treatment hospital with approved pediatric transfer shall 25 ensure that emergency department attending physicians, 26 physician assistants, advanced practice registered nurses, and SB3506 Enrolled - 19 - LRB104 19574 RLC 33022 b 1 registered professional nurses providing clinical services, 2 who do not meet the definition of a qualified medical provider 3 in Section 1a of this Act, receive a minimum of 2 hours of 4 sexual assault training by July 1, 2020 or until the treatment 5 hospital or treatment hospital with approved pediatric 6 transfer certifies to the Department, in a form and manner 7 prescribed by the Department, that it employs or contracts 8 with a qualified medical provider in accordance with 9 subsection (a-7) of Section 5, whichever occurs first. 10 After July 1, 2020 or once a treatment hospital or a 11 treatment hospital with approved pediatric transfer certifies 12 compliance with subsection (a-7) of Section 5, whichever 13 occurs first, each treatment hospital and treatment hospital 14 with approved pediatric transfer shall ensure that emergency 15 department attending physicians, physician assistants, 16 advanced practice registered nurses, and registered 17 professional nurses providing clinical services, who do not 18 meet the definition of a qualified medical provider in Section 19 1a of this Act, receive a minimum of 2 hours of continuing 20 education on responding to acute sexual assault survivors 21 every 2 years. Protocols for training shall be included in the 22 hospital's sexual assault treatment plan. 23 Sexual assault training provided under this subsection may 24 be provided in person or online and shall include, but not be 25 limited to: 26 (1) information provided on the provision of a medical SB3506 Enrolled - 20 - LRB104 19574 RLC 33022 b 1 forensic examination; 2 (2) information on the use of the Illinois State 3 Police Sexual Assault Evidence Collection Kit; 4 (3) information on sexual assault epidemiology, 5 neurobiology of trauma, drug-facilitated sexual assault, 6 child sexual abuse, and Illinois sexual assault-related 7 laws; and 8 (4) information on the hospital's sexual 9 assault-related policies and procedures. 10 The online training made available by the Office of the 11 Attorney General under subsection (b) of Section 10 may be 12 used to comply with this subsection. 13 (e-6) Hospital compliance with plan submission 14 requirements; fines. (a-5) A hospital must submit a plan to 15 provide either (i) transfer services to all acute sexual 16 assault survivors, (ii) medical forensic examinations to all 17 acute sexual assault survivors, or (iii) transfer services to 18 pediatric acute sexual assault survivors and medical forensic 19 examinations to sexual assault survivors 13 years old or older 20 as required in subsection (a) of this Section within 60 days of 21 the Department's request. Failure to submit a plan as 22 described in this subsection shall subject a hospital to the 23 imposition of a fine by the Department. The Department may 24 impose a fine of up to $500 per day until the hospital submits 25 a plan as described in this subsection. 26 (a-10) Upon receipt of a plan as described in this SB3506 Enrolled - 21 - LRB104 19574 RLC 33022 b 1 subsection (a-5) , the Department shall notify the hospital 2 whether or not the plan is acceptable. If the Department 3 determines that the plan is unacceptable, the hospital must 4 submit a modified plan within 10 days of service of the 5 notification. If the Department determines that the modified 6 plan is unacceptable, or if the hospital fails to submit a 7 modified plan within 10 days, the Department may impose a fine 8 of up to $500 per day until an acceptable plan has been 9 submitted, as determined by the Department. 10 (e-10) Plans submitted by approved pediatric health care 11 facilities. (b) An approved pediatric health care facility may 12 provide medical forensic examinations, in accordance with 13 rules adopted by the Department, to acute sexual assault 14 survivors under the age of 18 who present for medical forensic 15 examinations in relation to injuries or trauma resulting from 16 a sexual assault. These services shall be provided by a 17 qualified medical provider. 18 A pediatric health care facility must participate in or 19 submit an areawide treatment plan under Section 3 of this Act 20 that includes a treatment hospital. If a pediatric health care 21 facility does not provide certain medical or surgical services 22 that are provided by hospitals, the areawide sexual assault 23 treatment plan must include a procedure for ensuring a sexual 24 assault survivor in need of such medical or surgical services 25 receives the services at the treatment hospital. The areawide 26 treatment plan may also include a treatment hospital with SB3506 Enrolled - 22 - LRB104 19574 RLC 33022 b 1 approved pediatric transfer. 2 The Department shall review a proposed sexual assault 3 treatment plan submitted by a pediatric health care facility 4 within 60 days after receipt of the plan. If the Department 5 finds that the proposed plan meets the minimum requirements 6 set forth in Section 5 of this Act and that implementation of 7 the proposed plan would provide medical forensic examinations 8 for acute sexual assault survivors under the age of 18, then 9 the Department shall approve the plan. If the Department does 10 not approve a plan, then the Department shall notify the 11 pediatric health care facility that the proposed plan has not 12 been approved. The pediatric health care facility shall have 13 30 days to submit a revised plan. The Department shall review 14 the revised plan within 30 days after receipt of the plan and 15 notify the pediatric health care facility whether the revised 16 plan is approved or rejected. A pediatric health care facility 17 may not provide medical forensic examinations to sexual 18 assault survivors under the age of 18 who present with a 19 complaint of acute sexual assault until the Department has 20 approved a treatment plan. 21 If an approved pediatric health care facility is not open 22 24 hours a day, 7 days a week, it shall post signage at each 23 public entrance to its facility that: 24 (1) is at least 14 inches by 14 inches in size; 25 (2) directs those seeking services as follows: "If 26 closed, call 911 for services or go to the closest SB3506 Enrolled - 23 - LRB104 19574 RLC 33022 b 1 hospital emergency department, (insert name) located at 2 (insert address)."; 3 (3) lists the approved pediatric health care 4 facility's hours of operation; 5 (4) lists the street address of the building; 6 (5) has a black background with white bold capital 7 lettering in a clear and easy to read font that is at least 8 72-point type, and with "call 911" in at least 125-point 9 type; 10 (6) is posted clearly and conspicuously on or adjacent 11 to the door at each entrance and, if building materials 12 allow, is posted internally for viewing through glass; if 13 posted externally, the sign shall be made of 14 weather-resistant and theft-resistant materials, 15 non-removable, and adhered permanently to the building; 16 and 17 (7) has lighting that is part of the sign itself or is 18 lit with a dedicated light that fully illuminates the 19 sign. 20 A copy of the proposed sign must be submitted to the 21 Department and approved as part of the approved pediatric 22 health care facility's sexual assault treatment plan. 23 (f) Memorandum of understanding with a rape crisis center 24 required. (c) Each treatment hospital, treatment hospital with 25 approved pediatric transfer, and approved pediatric health 26 care facility must enter into a memorandum of understanding SB3506 Enrolled - 24 - LRB104 19574 RLC 33022 b 1 with a rape crisis center for medical advocacy services, if 2 these services are available to the treatment hospital, 3 treatment hospital with approved pediatric transfer, or 4 approved pediatric health care facility. With the consent of 5 the sexual assault survivor, a rape crisis counselor shall 6 remain in the exam room during the collection for forensic 7 evidence. 8 (g) Compliance with mandated reporter laws. (d) Every 9 hospital and approved pediatric health care facility's sexual 10 assault treatment plan or sexual assault transfer plan shall 11 include procedures for complying with mandatory reporting 12 requirements pursuant to (1) the Abused and Neglected Child 13 Reporting Act; (2) the Abused and Neglected Long Term Care 14 Facility Residents Reporting Act; (3) the Adult Protective 15 Services Act; and (4) (iv) the Criminal Identification Act. 16 (h) Data reporting. (e) Each treatment hospital, treatment 17 hospital with approved pediatric transfer, and approved 18 pediatric health care facility shall submit to the Department 19 every 6 months, in a manner prescribed by the Department, the 20 following information: 21 (1) The total number of patients who presented with a 22 complaint of sexual assault. 23 (2) The total number of Illinois State Police Sexual 24 Assault Evidence Collection Kits: 25 (A) offered to (i) all acute sexual assault 26 survivors and (ii) pediatric acute sexual assault SB3506 Enrolled - 25 - LRB104 19574 RLC 33022 b 1 survivors pursuant to paragraph (1.5) of subsection 2 (a-5) of Section 5; 3 (B) completed for (i) all acute sexual assault 4 survivors and (ii) pediatric acute sexual assault 5 survivors; and 6 (C) declined by (i) all acute sexual assault 7 survivors and (ii) pediatric acute sexual assault 8 survivors. 9 This information shall be made available on the 10 Department's website. 11 (i) Use of TeleSANE. Beginning June 1, 2027, a hospital or 12 approved pediatric health care facility may submit, in 13 addition or as an addendum to the sexual assault treatment 14 plan submitted pursuant to this Section or an areawide sexual 15 assault treatment plan pursuant to Section 3 of this Act, a 16 plan for the use of a TeleSANE interactive telecommunications 17 system. A sexual assault treatment plan or areawide sexual 18 assault treatment plan that includes TeleSANE and is approved 19 by the Department allows a qualified medical provider at a 20 distant site to precept medical forensic examinations for 21 sexual assault survivors age 13 years old or older in 22 accordance with this Act and rules established by the 23 Department. A TeleSANE interactive telecommunications system 24 may also be used for contacting an expert for consultation or a 25 second opinion. 26 (i-2) TeleSANE plan requirements. If a sexual assault SB3506 Enrolled - 26 - LRB104 19574 RLC 33022 b 1 treatment plan or areawide treatment plan includes the use of 2 a TeleSANE interactive telecommunications system, then the 3 plan submitted to the Department shall include, at minimum, 4 the following additional information: 5 (1) Hospitals shall submit a plan to provide medical 6 forensic examinations to acute sexual assault survivors 13 7 years old or older while either: (i) transferring 8 pediatric acute sexual assault survivors, or (ii) 9 providing medical forensic examinations without the use of 10 a TeleSANE interactive telecommunications system to 11 pediatric acute sexual assault survivors. Approved 12 pediatric health care facilities shall submit a staffing 13 plan to provide medical forensic examinations to acute 14 sexual assault survivors age 13 years old or older. 15 (2) The plan shall indicate the number of trained 16 providers and distant site qualified medical providers who 17 have met the following training qualifications. Trained 18 providers must complete: (i) didactic training that has 19 been reviewed and approved by the SANE Program Coordinator 20 at the Attorney General's Office; and (ii) at least one 21 medical forensic examination precepted in-person by a 22 qualified medical provider prior to performing medical 23 forensic examinations using a TeleSANE interactive 24 telecommunications system. Training for both originating 25 and distant site health care professionals shall include 26 at least one mock medical forensic examination using the SB3506 Enrolled - 27 - LRB104 19574 RLC 33022 b 1 TeleSANE interactive telecommunications system described 2 in the plan, even if the originating site provider is a 3 qualified medical provider. A mock examination for a 4 trained provider using the TeleSANE interactive 5 communications system must be precepted by a qualified 6 medical provider who attests to the trained provider's 7 ability to perform medical forensic examinations using the 8 TeleSANE interactive communications system. Hospitals and 9 approved pediatric health care facilities are responsible 10 for maintaining accurate records of each trained provider 11 and distant site qualified medical provider who is part of 12 their plan. 13 (3) The plan shall include policies and protocols for 14 selecting specific technology platforms or vendors, a plan 15 for regular technology checks, and protocols in the event 16 of a failure of the TeleSANE interactive 17 telecommunications system. 18 (4) The plan shall include protocols and policies to: 19 (i) maintain a secure network to host the TeleSANE 20 interactive telecommunications system; (ii) protect 21 patient privacy, including at the distant site; and (iii) 22 ensure that medical forensic examinations are not 23 recorded. Delivered services must adhere to all federal 24 and State privacy, security, and confidentiality laws, 25 rules, or regulations, including, but not limited to, the 26 Health Insurance Portability and Accountability Act of SB3506 Enrolled - 28 - LRB104 19574 RLC 33022 b 1 1996 and the Mental Health and Developmental Disabilities 2 Confidentiality Act. 3 (5) A plan to provide a medical forensic examination 4 to an acute sexual assault survivor if the survivor wants 5 evidence collected, but does not consent to the use of a 6 TeleSANE interactive telecommunications system. 7 (6) A plan to educate the community, including local 8 law enforcement and rape crisis advocates, about medical 9 forensic examinations that use a TeleSANE interactive 10 telecommunications system. 11 (i-3) Approval of a TeleSANE plan. The Department shall 12 approve a sexual assault treatment plan or areawide sexual 13 assault treatment plan that includes the use of a TeleSANE 14 interactive telecommunications system if the following 15 requirements are met: (i) a hospital or approved pediatric 16 health care facility submits all information required under 17 subsection (i-2) of this Section, (ii) the Department finds 18 that the sexual assault treatment plan or areawide sexual 19 assault treatment plan complies with the applicable provisions 20 of the Telehealth Act, and (iii) implementation of the sexual 21 assault treatment plan or areawide sexual assault treatment 22 plan would provide appropriately precepted medical forensic 23 examinations for acute sexual assault survivors in accordance 24 with the requirements of this Act and rules adopted by the 25 Department. 26 (j) (f) This Section is effective on and after January 1, SB3506 Enrolled - 29 - LRB104 19574 RLC 33022 b 1 2026. 2 (Source: P.A. 104-386, eff. 1-1-26 .) 3 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5) 4 Sec. 5. Minimum requirements for medical forensic 5 examinations provided to sexual assault survivors by hospitals 6 and approved pediatric health care facilities. 7 (a) Staffing requirements. Every hospital and approved 8 pediatric health care facility providing medical forensic 9 examinations to acute sexual assault survivors under this Act 10 shall, as minimum requirements for such services, provide the 11 services set forth in subsection (a-5). A qualified medical 12 provider must provide the services set forth in subsection 13 (a-2) (a-5) as ordered by a physician, an advanced practice 14 registered nurse, or a physician assistant. A medical 15 screening examination shall be performed, prior to a medical 16 forensic examination by a the attending physician, an advanced 17 practice registered nurse, or a physician assistant. 18 (a-2) Medical forensic examinations and related services. 19 (a-5) A treatment hospital, a treatment hospital with approved 20 pediatric transfer, or an approved pediatric health care 21 facility shall provide the following services in accordance 22 with subsections (a) , and (b) , and (c) : 23 (1) Appropriate medical forensic examinations without 24 delay, in a private, age-appropriate or 25 developmentally-appropriate space, required to ensure the SB3506 Enrolled - 30 - LRB104 19574 RLC 33022 b 1 health, safety, and welfare of a sexual assault survivor 2 and which may be used as evidence in a criminal proceeding 3 against a person accused of the sexual assault, in a 4 proceeding under the Juvenile Court Act of 1987, or in an 5 investigation under the Abused and Neglected Child 6 Reporting Act. 7 Records of medical forensic examinations, including 8 results of examinations and tests, the Illinois State 9 Police Medical Forensic Documentation Forms, the Illinois 10 State Police Patient Discharge Materials, and the Illinois 11 State Police Patient Consent: Collect and Test Evidence or 12 Collect and Hold Evidence Form, shall be maintained by the 13 hospital or approved pediatric health care facility as 14 part of the patient's electronic medical record. 15 Records of medical forensic examinations of sexual 16 assault survivors under the age of 18 shall be retained by 17 the hospital for a period of 60 years after the sexual 18 assault survivor reaches the age of 18. Records of medical 19 forensic examinations of sexual assault survivors 18 years 20 of age or older shall be retained by the hospital for a 21 period of 20 years after the date the record was created. 22 Records of medical forensic examinations may only be 23 disseminated in accordance with Section 6.5 of this Act 24 and other State and federal law. 25 (2) (1.5) An offer to complete the Illinois State 26 Police Sexual Assault Evidence Collection Kit for any SB3506 Enrolled - 31 - LRB104 19574 RLC 33022 b 1 acute sexual assault survivor. If the offer to complete 2 the Illinois State Police Sexual Assault Evidence 3 Collection Kit is accepted by the survivor, then evidence 4 collection shall be completed based on the qualified 5 medical provider's clinical discretion, best practices for 6 evidence collection, and information provided by the 7 sexual assault survivor. A patient may decline any portion 8 of the Illinois State Police Sexual Assault Evidence Kit, 9 but if any evidence is collected, then that shall 10 constitute evidence collection being completed for the 11 purposes of this Section and subsection (e) of Section 2. 12 Nothing in this Section is intended to prohibit a 13 qualified medical provider from offering, on the 14 provider's own accord or in response to a survivor 15 request, an Illinois State Police Sexual Assault Evidence 16 Collection Kit to a sexual assault survivor who presents 17 at a treatment hospital, treatment hospital with approved 18 pediatric transfer, or approved pediatric health care 19 facility with a nonacute complaint of sexual assault 20 according to the qualified medical provider's clinical 21 discretion based on best practices for indications for 22 evidence collection. 23 (A) Appropriate oral and written information 24 concerning evidence-based guidelines for the 25 appropriateness of evidence collection depending on 26 the sexual development of the sexual assault survivor, SB3506 Enrolled - 32 - LRB104 19574 RLC 33022 b 1 the type of sexual assault, and the timing of the 2 sexual assault shall be provided to the sexual assault 3 survivor. 4 The information required under this subparagraph 5 shall be provided to the sexual assault survivor by a 6 qualified medical provider either in person or via a 7 virtual or telephone consultation. 8 The written information provided shall be the 9 information created in accordance with Section 10 of 10 this Act. 11 (B) A sexual assault nurse examiner conducting an 12 examination using the Illinois State Police Sexual 13 Assault Evidence Collection Kit may do so without the 14 presence or participation of a physician. 15 (3) (2) Appropriate oral and written information 16 concerning the possibility of infection, sexually 17 transmitted infection, including an evaluation of the 18 sexual assault survivor's risk of contracting human 19 immunodeficiency virus (HIV) from sexual assault, and 20 pregnancy resulting from sexual assault. 21 (4) (3) Appropriate oral and written information 22 concerning accepted medical procedures, laboratory tests, 23 medication, and possible contraindications of such 24 medication available for the prevention or treatment of 25 infection or disease resulting from sexual assault. 26 (5) (3.5) After a medical evidentiary or physical SB3506 Enrolled - 33 - LRB104 19574 RLC 33022 b 1 examination, access to a shower at no cost, unless 2 showering facilities are unavailable. 3 (6) (4) An amount of medication, including HIV 4 prophylaxis, for treatment at the hospital or approved 5 pediatric health care facility and after discharge as is 6 deemed appropriate by a the attending physician, an 7 advanced practice registered nurse, or a physician 8 assistant in accordance with the Centers for Disease 9 Control and Prevention guidelines and consistent with the 10 hospital's or approved pediatric health care facility's 11 current approved protocol for sexual assault survivors. 12 (7) (5) Photo documentation of the sexual assault 13 survivor's injuries, anatomy involved in the assault, or 14 other visible evidence on the sexual assault survivor's 15 body to supplement the medical forensic history and 16 written documentation of physical findings and evidence 17 beginning July 1, 2019. Photo documentation does not 18 replace written documentation of the injury. 19 (8) (6) Written and oral instructions indicating the 20 need for follow-up examinations and laboratory tests after 21 the sexual assault to determine the presence or absence of 22 sexually transmitted infection. 23 (9) (7) Referral by hospital or approved pediatric 24 health care facility personnel for appropriate counseling. 25 (10) (8) Medical advocacy services provided by a rape 26 crisis counselor whose communications are protected under SB3506 Enrolled - 34 - LRB104 19574 RLC 33022 b 1 Section 8-802.1 of the Code of Civil Procedure, if there 2 is a memorandum of understanding between the hospital or 3 approved pediatric health care facility and a rape crisis 4 center. With the consent of the sexual assault survivor, a 5 rape crisis counselor shall remain in the exam room during 6 the medical forensic examination. 7 (11) (9) Written information regarding services 8 provided by a Children's Advocacy Center and rape crisis 9 center, if applicable. 10 (12) (10) A treatment hospital, a treatment hospital 11 with approved pediatric transfer, an out-of-state hospital 12 as defined in Section 5.4, or an approved pediatric health 13 care facility shall comply with the rules relating to the 14 collection and tracking of sexual assault evidence adopted 15 by the Illinois State Police under Section 50 of the 16 Sexual Assault Evidence Submission Act. 17 (13) (11) Written information regarding the Illinois 18 State Police sexual assault evidence tracking system. 19 (a-3) 90 minute requirement for qualified medical 20 providers. (a-7) Every hospital with a treatment plan approved 21 by the Department and every approved pediatric health care 22 facility shall employ or contract with a qualified medical 23 provider to initiate a medical forensic examination to a 24 sexual assault survivor within 90 minutes of a concern arising 25 at the hospital