Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 545 - SEXUAL ASSAULT SURVIVORS EMERGENCY TREATMENT CODE › Section 545.60 - Treatment of Sexual Assault Survivors

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Every
			 hospital and approved pediatric health care facility providing medical forensic
			 services to sexual assault survivors shall
comply with the federal
			 Emergency Medical Treatment and Active Labor Act and,
as minimum
			 requirements for such services, provide, with the consent of the sexual assault
			 survivor, and as ordered by the attending physician, an APRN
who
			 possesses clinical privileges recommended by the hospital or approved pediatric
			 health care facility medical staff and granted by the hospital or approved
			 pediatric health care facility, as authorized by the Nurse Practice Act,
or a physician assistant, the services set forth in Section 5(a-5) of
			 the Act
and this Section. (Section 5(a) of the Act)
b) A
qualified medical provider shall
			 provide the services set forth in Section 5(a-5) of the Act,
and this
			 Section. (Section 5(a) of the Act)
c) Every
hospital with a treatment
			 plan approved by the Department shall employ or contract with a qualified
			 medical provider to initiate medical forensic services to a sexual assault
			 survivor within 90 minutes after the patient presenting to the treatment
			 hospital or treatment hospital with approved pediatric transfer. The provision
			 of medical forensic services by a qualified medical provider shall not delay
			 the provision of life-saving medical care
. (Section 5(a-7) of the
			 Act)
d)
A treatment
			 hospital, a treatment hospital with approved pediatric transfer or an approved
			 pediatric health care facility shall provide the following services in
			 accordance with Section 5(a) of the Act:
1)
Appropriate medical forensic
			 services without delay, in a private, age-appropriate or developmentally
			 appropriate space, required to ensure the health, safety, and welfare of a
			 sexual assault survivor and that may be used as evidence in a criminal
			 proceeding against a person accused of the sexual assault, in a proceeding
			 under the Juvenile Court Act of 1987, or in an investigation under the Abused
			 and Neglected Child Reporting Act.
(Section 5(a-5) of the Act) Medical
			 forensic services shall include, but are not limited to:
A) A general physical examination;
B) Evaluation and treatment for sexually
			 transmitted infections in accordance with the guidelines of the Centers for
			 Disease Control and Prevention titled Sexually Transmitted Diseases Treatment
			 Guidelines, or the standards of the American College of Emergency Physicians
			 titled Management of the Patient with the Complaint of Sexual Assault (see
			 Section 545.25);
C) Evaluation and possible treatment for HIV
			 exposure in accordance with the guidelines of the Centers for Disease Control
			 and Prevention titled Sexually Transmitted Diseases Treatment Guidelines, or
			 the recommendations titled Antiretroviral Postexposure Prophylaxis After
			 Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV in the
			 United States, or the standards of the American College of Emergency Physicians
			 titled Management of the Patient with the Complaint of Sexual Assault. Testing
			 for HIV shall be conducted in accordance with the AIDS Confidentiality Act;
			 and
D) Pregnancy test for females
			 of childbearing age;