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92_HB0430eng
HB0430 Engrossed LRB9204217DJgc
1 AN ACT in relation to public 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 Section 5 and adding
6 Section 10 as follows:
7 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
8 Sec. 5. Minimum requirements for hospitals providing
9 emergency service to sexual assault survivors.
10 (a) Every hospital providing emergency hospital services
11 to an alleged sexual assault survivor under this Act shall,
12 as minimum requirements for such services, provide, with the
13 consent of the alleged sexual assault survivor, and as
14 ordered by the attending physician, the following:
15 (1) appropriate medical examinations and laboratory
16 tests required to ensure the health, safety, and welfare
17 of an alleged sexual assault survivor or which may be
18 used as evidence in a criminal proceeding against a
19 person accused of the sexual assault, or both; and
20 records of the results of such examinations and tests
21 shall be maintained by the hospital and made available to
22 law enforcement officials upon the request of the alleged
23 sexual assault survivor;
24 (2) appropriate oral and written information
25 concerning the possibility of infection, sexually
26 transmitted disease and pregnancy resulting from sexual
27 assault;
28 (3) appropriate oral and written information
29 concerning accepted medical procedures, medication, and
30 possible contraindications of such medication available
31 for the prevention or treatment of infection or disease
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1 resulting from sexual assault;
2 (4) such medication as deemed appropriate by the
3 attending physician;
4 (5) a blood test to determine the presence or
5 absence of sexually transmitted disease;
6 (6) written and oral instructions indicating the
7 need for a second blood test 6 weeks after the sexual
8 assault to determine the presence or absence of sexually
9 transmitted disease; and
10 (6.5) appropriate medically accurate non-biased
11 oral and written information concerning accepted medical
12 procedures for postcoital emergency contraception and
13 medications approved by the federal Food and Drug
14 Administration for use as postcoital emergency
15 contraception;
16 (6.6) if requested by the survivor of an alleged
17 sexual assault, medication approved by the federal Food
18 and Drug Administration for use as postcoital emergency
19 contraception unless contraindicated for medical reasons,
20 unless a physician or health care provider exercises his
21 or her rights under Section 10 of this Act; and
22 (7) appropriate counseling as determined by the
23 hospital, by trained personnel designated by the
24 hospital.
25 (b) Any minor who is an alleged survivor of sexual
26 assault who seeks emergency services under this Act shall be
27 provided such services without the consent of the parent,
28 guardian or custodian of the minor.
29 (Source: P.A. 91-888, eff. 7-6-00.)
30 (410 ILCS 70/10 new)
31 Sec. 10. Right of conscience.
32 (a) No physician or health care provider shall be
33 required to provide the treatment described in subdivision
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1 (a)(6.6) of Section 5 of this Act if providing that
2 treatment is contrary to the conscience of the physician or
3 health care provider and the physician or health care
4 provider (i) provides medically accurate non-biased written
5 and oral information about emergency contraception and makes
6 a notation in the patient's records that the information was
7 provided; (ii) administers appropriate testing to
8 conclusively determine that, in fact, providing the
9 medication described in subdivision (a)(6.6) of Section 5
10 would be contrary to the conscience of the physician or
11 health care provider; and (iii) has made arrangements for
12 appropriate referral with a physician, health care
13 professional, or pharmacy that guarantees access to emergency
14 contraception medication within 2 hours after treatment.
15 (b) As used in this Section, "conscience" means a
16 sincerely held and articulated set of moral convictions
17 arising from belief in and relation to God, or which, though
18 not so derived, arises from a place in the life of its
19 possessor parallel to that filled by God among adherents to
20 religious faiths.
21 (c) The Department shall define "appropriate referral"
22 by rule and shall require hospitals to include information
23 regarding appropriate referral in the plan filed with the
24 Department under Section 2. The physician, health care
25 professional, or pharmacy who provides the medication is
26 entitled to reimbursement under Section 7 of this Act.
27 (d) No physician or health care professional is relieved
28 of any obligations under this Act unless he or she complies
29 with this Section. This Section does not relieve the
30 physician or health care provider of any other duty that may
31 exist under any laws concerning current standards, normal
32 medical practices, or procedures.
33 (e) This Section supersedes all other Acts or parts of
34 Acts to the extent that any Acts or parts of Acts are
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1 inconsistent with the terms or operation of this Act.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.
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