Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 545 - SEXUAL ASSAULT SURVIVORS EMERGENCY TREATMENT CODE › Section 545.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Act - the Sexual Assault Survivors Emergency Treatment
				Act.
Advanced practice registered nurse
or APRN
- has the meaning
ascribed
in Section 50-10 of the
				Nurse Practice Act
. (Section 1a of the Act)
Alcohol-facilitated sexual assault - the use of any alcoholic
				beverage in the commission of a sexual assault.
Ambulance provider - an individual or entity that owns
				and operates a business or service using ambulances or emergency medical
				services vehicles to transport emergency patients.
(Section 1a of the
				Act)
Approved pediatric health care facility
-
a health care facility, other than a hospital, with a sexual assault
				treatment plan approved by the Department to provide medical forensic services
				to sexual assault survivors under the age of 18 who present with a complaint of
				sexual assault within seven days
after the assault,
who have
				disclosed past sexual assault by a specific individual and were in the care of
				that individual within the last seven days
, or who have a clinical
				indication for medical forensic services beyond seven days. (Section 1a of the
				Act)
Areawide sexual assault treatment plan
or
				areawide plan -
a plan, developed by hospitals or by hospitals and
				approved pediatric health care facilities in a community or area to be served,
				which provides for medical forensic services to sexual assault survivors that
				shall be made available by each of the participating hospitals and approved
				pediatric health care facilities.
(Section 1a of the Act)
Board-certified child abuse pediatrician - a physician
				certified by the American Board of Pediatrics in child abuse
				pediatrics
. (Section 1a of the Act)
Board-eligible child abuse pediatrician - a physician
				who has completed the requirements set forth by the American Board of
				Pediatrics to take the examination for certification in child abuse
				pediatrics
. (Section 1a of the Act)
Caregiver - any person who is legally responsible for providing
				care to the patient or who renders support to the patient.
Department - the Department of Public Health.
(Section 1a of the Act)
Drug-facilitated sexual assault - the use of a chemical
				submissive agent in the commission of a sexual assault, given without consent
				of the victim, that produces relaxant effects, blackouts, coma, impaired
				judgment, or loss of coordination.
Emergency contraception - medication as approved by the
				federal Food and Drug Administration (FDA) that can significantly reduce the
				risk of pregnancy if taken within 72 hours after sexual assault.
(Section 1a of the Act)
Follow-up health care - health care services related to
				a sexual assault, including laboratory services and pharmacy services, rendered
				within 180 days
after
the initial visit for medical forensic
				services.
(Section 1a of the Act)
Health care professional - a physician, a physician
				assistant, a sexual assault forensic examiner, an APRN, a registered
				professional nurse, a licensed practical nurse, or a sexual assault nurse
				examiner.
(Section 1a of the Act)
Hospital - a hospital licensed under the Hospital
				Licensing Act or operated under the University of Illinois Hospital Act, any
				outpatient center
or freestanding emergency center licensed under 77
				Ill. Adm. Code 518
included in the hospital's sexual assault treatment
				plan where hospital employees provide medical forensic services, and an
				out-of-state hospital that has consented to the jurisdiction of the Department
				under Section 2.06
of the
				Act
.
(Section 1a of the Act)
Law enforcement agency having jurisdiction - the law
				enforcement agency in the jurisdiction where an alleged sexual assault or
				sexual abuse occurred.
(Section 1a of the Act)
Licensed practical nurse - has the meaning
ascribed
in Section 50-10 of the Nurse Practice Act
. (Section
				1a of the Act)
Medical forensic services - health care delivered to
				patients within or under the care and supervision of personnel working in a
				designated emergency department of a hospital or an approved pediatric health
				care facility. "Medical forensic services" includes, but is not limited to,
				taking a medical history, performing photo documentation, performing a physical
				and anogenital examination, assessing the patient for evidence collection,
				collecting evidence in accordance with a statewide sexual assault evidence
				collection program administered by the Illinois State Police using the Sexual
				Assault Evidence Collection Kit, if appropriate, assessing the patient for
				drug-facilitated or alcohol-facilitated sexual assault, providing an evaluation
				of and care for sexually transmitted infection and human immunodeficiency virus
				(HIV), pregnancy risk evaluation and care, and discharge and follow-up
				healthcare planning
. (Section 1a of the Act)
Pediatric health care facility - a clinic or
				physician's office that provides medical services to patients under the age of
				18
. (Section 1a of the Act)
Pediatric sexual assault survivor - a person under the
				age of 13 who presents for medical forensic services in relation to injuries or
				trauma resulting from a sexual assault
. (Section 1a of the Act)
Photo documentation - digital photographs or colposcope
				videos stored and backed-up securely in the original file format
.
				(Section 1a of the Act)
Physician - a person licensed to practice medicine in
				all its branches
as defined in the Medical Practice Act of 1987.
				(Section 1a of the Act)
Physician assistant - has the meaning
ascribed
in Section 4 of the Physician Assistant Practice Act of 1987.
(Section 1a of the Act)
Prepubescent sexual assault survivor - a female who is
				under the age of 18 years and has not had a first menstrual cycle or a male who
				is under the age of 18 years and has not started to develop secondary sex
				characteristics who presents for medical forensic services in relation to
				injuries or trauma resulting from a sexual assault.
(Section 1a of the
				Act)
Qualified medical provider - a board-certified child
				abuse pediatrician, board-eligible child abuse pediatrician, sexual assault
				forensic examiner, or sexual assault nurse examiner who has access to photo
				documentation tools, and who participates in peer review.
(Section 1a
				of the Act)
Registered Professional Nurse - has the
				meaning
ascribed
in Section 50-10 of the Nurse Practice
				Act
. (Section 1a of the Act)
Sexual assault:
An act of sexual conduct; as used in this
Part,
"sexual conduct" has the meaning
ascribed
under
				Section 11-0.1 of the Criminal Code of 2012; or
Any act of sexual penetration; as used in this
Part
, "sexual penetration" has the meaning
ascribed
under Section 11-0.1 of the Criminal Code of 2012 and includes, without
				limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the
				Criminal Code of 2012.
(Section 1a of the Act)
Sexual Assault Evidence Collection Kit - the Illinois
				State Police Sexual Assault Evidence Collection Kit; a prepackaged set of
				materials and forms to be used for the collection of evidence relating to
				sexual assault. The standardized evidence collection kit for the State of
				Illinois shall be the Sexual Assault Evidence Collection Kit.
(Section
				1a of the Act)
Sexual assault forensic examiner - a physician or
				physician assistant who has completed training that meets or is substantially
				similar to the Sexual Assault Nurse Examiner Education Guidelines established
				by the International Association of Forensic Nurses
. (Section 1a of
				the Act)
Sexual assault nurse examiner -
an APRN or
registered professional nurse who has completed a sexual assault nurse
				examiner
(SANE)
training program that meets the Forensic
				Sexual Assault Nurse Examiner Education Guidelines established by the
				International Association of Forensic Nurses.
(Section 1a of the
				Act)
Sexual assault services voucher - a document generated
				by a hospital or approved pediatric health care facility at the time the sexual
				assault survivor receives outpatient medical forensic services that may be used
				to seek payment for any ambulance services, medical forensic services,
				laboratory services, pharmacy services, and follow-up healthcare provided as a
				result of the sexual assault
. (Section 1a of the Act)
Sexual assault survivor
or survivor
-
				a person who presents for medical forensic services in relation to injuries or
				trauma resulting from a sexual assault.
(Section 1a of the Act)
Sexual assault transfer plan - a written plan developed
				by a hospital and approved by the Department, which describes the hospital's
				procedures for transferring sexual assault survivors to another hospital, and
				an approved pediatric health care facility, if applicable, in order to receive
				medical forensicservices.
(Section 1a of the Act)
Sexual assault treatment plan - a written plan that
				describes the procedures and protocols for providing medical forensic services
				to sexual assault survivors who present themselves for such services, either
				directly or through transfer from a hospital or approved pediatric health care
				facility.
(Section 1a of the Act)
Transfer hospital - a hospital with a sexual assault
				transfer plan approved by the Department.
(Section 1a of the
				Act)
Transfer services - the appropriate medical screening
				examination and necessary stabilizing treatment prior to the transfer of a
				sexual assault survivor to a hospital or an approved pediatric health care
				facility that provides medical forensic services to sexual assault survivors
				pursuant to a sexual assault treatment plan or areawide sexual assault
				treatment plan.
(Section 1a of the Act)
Treatment hospital - a hospital with a sexual assault
				treatment plan approved by the Department to provide medical forensic services
				to all sexual assault survivors who present with a complaint of sexual assault
				within seven days
after the assault,
who have disclosed past
				sexual assault by a specific individual and were in the care of that individual
				within the last seven days
, or who have a clinical indication for
				medical forensic services beyond seven days. (Section 1a of the Act)
Treatment hospital with approved pediatric transfer - a
				hospital with a treatment plan approved by the Department to provide medical
				forensic services to sexual assault survivors 13 years old or older who present
				with a complaint of sexual assault within seven days
after the
				assault
, who have disclosed past sexual assault by a specific
				individual and were in the care of that individual within the last seven
				days
, or who have a clinical indication for medical forensic services
				beyond seven days. (Section 1a of the Act)
Unauthorized personnel - all individuals whose presence in the
				examination room is not desired or required either by the hospital or by the
				survivor (e.g., representatives of the media).