410 ILCS 70/5

in effect

(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5) (Text of Section before amendment by P.A. 104-837) Sec. 5. Minimum requirements for medical forensic examinations provided to sexual assault survivors by hospitals and approved pediatric health care facilities. (a) Every hospital and approved pediatric health care facility providing medical forensic examinations to acute sexual assault survivors under this Act shall, as minimum requirements for such services, provide the services set forth in subsection (a-5). A qualified medical provider must provide the services set forth in subsection (a-5) as ordered by the attending physician, an advanced practice registered nurse, or a physician assistant. (a-5) 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 subsections (a) and (b): (1) Appropriate medical forensic examinations 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 which 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. Records of medical forensic examinations, including results of examinations and tests, the Illinois State Police Medical Forensic Documentation Forms, the Illinois State Police Patient Discharge Materials, and the Illinois State Police Patient Consent: Collect and Test Evidence or Collect and Hold Evidence Form, shall be maintained by the hospital or approved pediatric health care facility as part of the patient's electronic medical record. Records of medical forensic examinations of sexual assault survivors under the age of 18 shall be retained by the hospital for a period of 60 years after the sexual assault survivor reaches the age of 18. Records of medical forensic examinations of sexual assault survivors 18 years of age or older shall be retained by the hospital for a period of 20 years after the date the record was created. Records of medical forensic examinations may only be disseminated in accordance with Section 6.5 of this Act and other State and federal law. (1.5) An offer to complete the Illinois State Police Sexual Assault Evidence Collection Kit for any acute sexual assault survivor. If the offer to complete the Illinois State Police Sexual Assault Evidence Collection Kit is accepted by the survivor, then evidence collection shall be completed based on the qualified medical provider's clinical discretion, best practices for evidence collection, and information provided by the sexual assault survivor. A patient may decline any portion of the Illinois State Police Sexual Assault Evidence Kit, but if any evidence is collected, then that shall constitute evidence collection being completed for the purposes of this Section and subsection (e) of Section 2. Nothing in this Section is intended to prohibit a qualified medical provider from offering, on the provider's own accord or in response to a survivor request, an Illinois State Police Sexual Assault Evidence Collection Kit to a sexual assault survivor who presents at a treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility with a nonacute complaint of sexual assault according to the qualified medical provider's clinical discretion based on best practices for indications for evidence collection. (A) Appropriate oral and written information concerning evidence-based guidelines for the appropriateness of evidence collection depending on the sexual development of the sexual assault survivor, the type of sexual assault, and the timing of the sexual assault shall be provided to the sexual assault survivor. The information required under this subparagraph shall be provided to the sexual assault survivor by a qualified medical provider either in person or via a virtual or telephone consultation. The written information provided shall be the information created in accordance with Section 10 of this Act. (B) A sexual assault nurse examiner conducting an examination using the Illinois State Police Sexual Assault Evidence Collection Kit may do so without the presence or participation of a physician. (2) Appropriate oral and written information concerning the possibility of infection, sexually transmitted infection, including an evaluation of the sexual assault survivor's risk of contracting human immunodeficiency virus (HIV) from sexual assault, and pregnancy resulting from sexual assault. (3) Appropriate oral and written information concerning accepted medical procedures, laboratory tests, medication, and possible contraindications of such medication available for the prevention or treatment of infection or disease resulting from sexual assault. (3.5) After a medical evidentiary or physical examination, access to a shower at no cost, unless showering facilities are unavailable. (4) An amount of medication, including HIV prophylaxis, for treatment at the hospital or approved pediatric health care facility and after discharge as is deemed appropriate by the attending physician, an advanced practice registered nurse, or a physician assistant in accordance with the Centers for Disease Control and Prevention guidelines and consistent with the hospital's or approved pediatric health care facility's current approved protocol for sexual assault survivors. (5) Photo documentation of the sexual assault survivor's injuries, anatomy involved in the assault, or other visible evidence on the sexual assault survivor's body to supplement the medical forensic history and written documentation of physical findings and evidence beginning July 1, 2019. Photo documentation does not replace written documentation of the injury. (6) Written and oral instructions indicating the need for follow-up examinations and laboratory tests after the sexual assault to determine the presence or absence of sexually transmitted infection. (7) Referral by hospital or approved pediatric health care facility personnel for appropriate counseling. (8) Medical advocacy services provided by a rape crisis counselor whose communications are protected under Section 8-802.1 of the Code of Civil Procedure, if there is a memorandum of understanding between the hospital or approved pediatric health care facility and a rape crisis center. With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the medical forensic examination. (9) Written information regarding services provided by a Children's Advocacy Center and rape crisis center, if applicable. (10) A treatment hospital, a treatment hospital with approved pediatric transfer, an out-of-state hospital as defined in Section 5.4, or an approved pediatric health care facility shall comply with the rules relating to the collection and tracking of sexual assault evidence adopted by the Illinois State Police under Section 50 of the Sexual Assault Evidence Submission Act. (11) Written information regarding the Illinois State Police sexual assault evidence tracking system. (a-7) Every hospital with a treatment plan approved by the Department and every approved pediatric health care facility shall employ or contract with a qualified medical provider to initiate a medical forensic examination to a sexual assault survivor within 90 minutes of a concern arising at the hospital or facility of acute sexual assault. The provision of a medical forensic examination by a qualified medical provider shall not delay the provision of life-saving medical care. (b) Before a medical forensic examination is provided, consent must be obtained in accordance with this Section. Evidence collection shall not be completed without first obtaining consent. (1) Any person able to consent who is a sexual assault survivor who seeks a medical forensic examination or follow-up healthcare under this Act shall be provided such services without the consent of any parent, guardian, custodian, surrogate, or agent. (2) If a minor sexual assault survivor under the age of 18 is unable to consent to a medical forensic examination, the examination may be provided with the consent of the survivor's parent, guardian, or health care power of attorney and with the assent of the sexual assault survivor. (3) If an adult sexual assault survivor is unable to consent to a medical forensic examination, the examination may be provided with the consent of the survivor's guardian or health care power of attorney and with the assent of the sexual assault survivor. (b-5) Every hospital or approved pediatric health care facility providing medical forensic examinations to acute sexual assault survivors shall issue a voucher to any sexual assault survivor who is eligible to receive one in accordance with Section 5.2 of this Act. The hospital or approved pediatric health care facility shall make a copy of the voucher and place it in the medical record of the sexual assault survivor. The hospital or approved pediatric health care facility shall provide a copy of the voucher to the sexual assault survivor after discharge upon request. (c) Nothing in this Section creates a physician-patient relationship that extends beyond discharge from the hospital or approved pediatric health care facility. (d) This Section is effective on and after January 1, 2024. (Source: P.A. 104-386, eff. 1-1-26.) (Text of Section after amendment by P.A. 104-837) Sec. 5. Minimum requirements for medical forensic examinations provided to sexual assault survivors by hospitals and approved pediatric health care facilities. (a) Staffing requirements. A qualified medical provider must provide the services set forth in subsection (a-2) as ordered by a physician, an advanced practice registered nurse, or a physician assistant. A medical screening examination shall be performed, prior to a medical forensic examination by a physician, an advanced practice registered nurse, or a physician assistant. (a-2) Medical forensic examinations and related services. 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 subsections (a), (b), and (c): (1) Appropriate medical forensic examinations 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 which 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. Records of medical forensic examinations, including results of examinations and tests, the Illinois State Police Medical Forensic Documentation Forms, the Illinois State Police Patient Discharge Materials, and the Illinois State Police Patient Consent: Collect and Test Evidence or Collect and Hold Evidence Form, shall be maintained by the hospital or approved pediatric health care facility as part of the patient's electronic medical record. Records of medical forensic examinations of sexual assault survivors under the age of 18 shall be retained by the hospital for a period of 60 years after the sexual assault survivor reaches the age of 18. Records of medical forensic examinations of sexual assault survivors 18 years of age or older shall be retained by the hospital for a period of 20 years after the date the record was created. Records of medical forensic examinations may only be disseminated in accordance with Section 6.5 of this Act and other State and federal law. (2) An offer to complete the Illinois State Police Sexual Assault Evidence Collection Kit for any acute sexual assault survivor. If the offer to complete the Illinois State Police Sexual Assault Evidence Collection Kit is accepted by the survivor, then evidence collection shall be completed based on the qualified medical provider's clinical discretion, best practices for evidence collection, and information provided by the sexual assault survivor. A patient may decline any portion of the Illinois State Police Sexual Assault Evidence Kit, but if any evidence is collected, then that shall constitute evidence collection being completed for the purposes of this Section and subsection (e) of Section 2. Nothing in this Section is intended to prohibit a qualified medical provider from offering, on the provider's own accord or in response to a survivor request, an Illinois State Police Sexual Assault Evidence Collection Kit to a sexual assault survivor who presents at a treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility with a nonacute complaint of sexual assault according to the qualified medical provider's clinical discretion based on best practices for indications for evidence collection. (A) Appropriate oral and written information concerning evidence-based guidelines for the appropriateness of evidence collection depending on the sexual development of the sexual assault survivor, the type of sexual assault, and the timing of the sexual assault shall be provided to the sexual assault survivor. The information required under this subparagraph shall be provided to the sexual assault survivor by a qualified medical provider either in person or via a virtual or telephone consultation. The written information provided shall be the information created in accordance with Section 10 of this Act. (B) A sexual assault nurse examiner conducting an examination using the Illinois State Police Sexual Assault Evidence Collection Kit may do so without the presence or participation of a physician. (3) Appropriate oral and written information concerning the possibility of infection, sexually transmitted infection, including an evaluation of the sexual assault survivor's risk of contracting human immunodeficiency virus (HIV) from sexual assault, and pregnancy resulting from sexual assault. (4) Appropriate oral and written information concerning accepted medical procedures, laboratory tests, medication, and possible contraindications of such medication available for the prevention or treatment of infection or disease resulting from sexual assault. (5) After a medical evidentiary or physical examination, access to a shower at no cost, unless showering facilities are unavailable. (6) An amount of medication, including HIV prophylaxis, for treatment at the hospital or approved pediatric health care facility and after discharge as is deemed appropriate by a physician, an advanced practice registered nurse, or a physician assistant in accordance with the Centers for Disease Control and Prevention guidelines and consistent with the hospital's or approved pediatric health care facility's current approved protocol for sexual assault survivors. (7) Photo documentation of the sexual assault survivor's injuries, anatomy involved in the assault, or other visible evidence on the sexual assault survivor's body to supplement the medical forensic history and written documentation of physical findings and evidence beginning July 1, 2019. Photo documentation does not replace written documentation of the injury. (8) Written and oral instructions indicating the need for follow-up examinations and laboratory tests after the sexual assault to determine the presence or absence of sexually transmitted infection. (9) Referral by hospital or approved pediatric health care facility personnel for appropriate counseling. (10) Medical advocacy services provided by a rape crisis counselor whose communications are protected under Section 8-802.1 of the Code of Civil Procedure, if there is a memorandum of understanding between the hospital or approved pediatric health care facility and a rape crisis center. With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the medical forensic examination. (11) Written information regarding services provided by a Children's Advocacy Center and rape crisis center, if applicable. (12) A treatment hospital, a treatment hospital with approved pediatric transfer, an out-of-state hospital as defined in Section 5.4, or an approved pediatric health care facility shall comply with the rules relating to the collection and tracking of sexual assault evidence adopted by the Illinois State Police under Section 50 of the Sexual Assault Evidence Submission Act. (13) Written information regarding the Illinois State Police sexual assault evidence tracking system. (a-3) 90 minute requirement for qualified medical providers. Every hospital with a treatment plan approved by the Department and every approved pediatric health care facility shall employ or contract with a qualified medical provider to initiate a medical forensic examination to a sexual assault survivor within 90 minutes of a concern arising at the hospital or facility of acute sexual assault. The provision of a medical forensic examination by a qualified medical provider shall not delay the provision of life-saving medical care. (b) Consent to medical forensic examination. Before a medical forensic examination is provided, the decisional capacity of the sexual assault survivor shall be assessed. A sexual assault survivor who lacks decisional capacity cannot consent to a medical forensic examination. (1) Sexual assault survivor determined to have decisional capacity. A medical forensic examination may be provided in accordance with this Section to any sexual assault survivor who is determined to have decisional capacity without the consent of any parent, guardian, or power of attorney for health care. (2) The sexual assault survivor is a minor and lacks decisional capacity. If a minor sexual assault survivor is unable to consent due to lack of decisional capacity, the medical forensic examination may be provided, with: (A) the assent of the survivor, and (B) consent given by one of the following authorized decision makers: (i) The survivor's parent. (ii) The survivor's guardian. If a minor is in temporary custody or guardianship of the Department of Children and Family Services pursuant to a court order entered in proceedings occurring under the Juvenile Court Act of 1987, the DCFS Guardianship Administrator, or the DCFS Guardianship Administrator's authorized agent, may consent to a medical forensic examination under this Act. (iii) The survivor's spouse. (iv) The survivor's power of attorney for health care. If the sexual assault survivor's parent, guardian, spouse, or power of attorney for health care, is unavailable or unwilling to consent to the medical forensic examination, then law enforcement may obtain a search warrant pursuant to Article 108 of the Code of Criminal Procedure of 1963 directing that a medical forensic examination, as defined in Section 1a, be conducted, with the assent of the sexual assault survivor. (3) The sexual assault survivor is an adult and lacks decisional capacity. If an adult sexual assault survivor is unable to consent due to lack of decisional capacity, a medical forensic examination may be provided, with: (A) the assent of the survivor, and (B) consent given by one of the following authorized decision makers: (i) The survivor's guardian. (ii) The survivor's spouse. (iii) The survivor's power of attorney for health care. If the survivor's guardian, spouse, or power of attorney for health care, is unavailable or unwilling to consent, law enforcement may obtain a search warrant pursuant to Article 108 of the Code of Criminal Procedure of 1963 directing that a medical forensic examination, as defined in Section 1a, be conducted with the assent of the sexual assault survivor. (b-2) Treatment of unconscious patients. Notwithstanding any other provision of the law, a medical forensic examination may be administered to an unconscious patient, without their assent, if the following conditions are met: (i) the qualified medical provider, in accordance with subsection (a), determines there is reasonable suspicion of sexual assault; (ii) consent cannot be obtained under the circumstances, including when evidence may be lost; and (iii) based on the clinical judgment of a qualified medical provider, in accordance with subsection (a), the unconscious patient is not expected to regain consciousness within the recommended window for evidence collection for acute sexual assault. If these conditions are met, written authorization for a medical forensic examination to be performed on an unconscious patient may be provided by a qualified medical provider and a second health care professional, who may be a physician, advanced practice registered nurse, or physician assistant. (c) Consent to follow-up health care. (1) Adult survivors. Any adult sexual assault survivor who is determined to have decisional capacity may consent to follow-up health care. (2) Minor survivors. Follow-up health care for minors shall be provided in accordance with the Consent by Minors to Health Care Services Act. (d) Vouchers. Every hospital or approved pediatric health care facility providing medical forensic examinations to acute sexual assault survivors shall issue a voucher to any sexual assault survivor who is eligible to receive one in accordance with Section 5.2 of this Act. The hospital or approved pediatric health care facility shall make a copy of the voucher and place it in the medical record of the sexual assault survivor. The hospital or approved pediatric health care facility shall provide a copy of the voucher to the sexual assault survivor after discharge upon request. (e) Limitation of physician-patient relationship after discharge. Nothing in this Section creates a physician-patient relationship that extends beyond discharge from the hospital or approved pediatric health care facility. (f) Liability. Any health care professional or health care institution, including any hospital or approved pediatric health care facility, who, in good faith, acts with due care in accordance with this Section is immune to: (i) any civil or other claim based on lack of consent; (ii) any criminal prosecution; or (iii) discipline for unprofessional conduct. (g) This Section is effective on and after January 1, 2024. (Source: P.A. 104-386, eff. 1-1-26; 104-837, eff. 1-1-27.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026