Definitions
410 ILCS 70/1a
in effect(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a) (Text of Section before amendment by P.A. 104-837) Sec. 1a. Definitions. (a) In this Act: "Acute sexual assault" means a sexual assault that has recently occurred. For patients under the age of 13, "acute sexual assault" means a sexual assault that has occurred within the past 72 hours. For patients 13 years old or older, "acute sexual assault" means a sexual assault that has occurred within the past 168 hours. "Advanced practice registered nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act. "Ambulance provider" means an individual or entity that owns and operates a business or service using ambulances or emergency medical services vehicles to transport emergency patients. "Approved pediatric health care facility" means a health care facility, other than a hospital, with a sexual assault treatment plan approved by the Department to provide medical forensic examinations to sexual assault survivors under the age of 18 who present with a complaint of acute sexual assault. "Areawide sexual assault treatment plan" means 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 examinations to acute sexual assault survivors that shall be made available by each of the participating hospitals and approved pediatric health care facilities. "Assent" means the expressed willingness to participate in an activity or give permission. "Board-certified child abuse pediatrician" means a physician certified by the American Board of Pediatrics in child abuse pediatrics. "Board-eligible child abuse pediatrician" means 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. "Department" means the Department of Public Health. "Emergency contraception" means 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. "Follow-up healthcare" means healthcare services related to a sexual assault, including laboratory services and pharmacy services, rendered within 180 days of the initial visit as a result of the sexual assault. "Health care professional" means a physician, a physician assistant, a sexual assault forensic examiner, an advanced practice registered nurse, a registered professional nurse, a licensed practical nurse, or a sexual assault nurse examiner. "Hospital" means a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act, any outpatient center included in the hospital's sexual assault treatment plan where hospital employees provide medical forensic examinations, and an out-of-state hospital that has consented to the jurisdiction of the Department under Section 2.06. "Illinois State Police Sexual Assault Evidence Collection Kit" means 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 Illinois State Police Sexual Assault Evidence Collection Kit. "Law enforcement agency having jurisdiction" means the law enforcement agency in the jurisdiction where an alleged sexual assault or sexual abuse occurred. "Licensed practical nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act. "Medical forensic examination" means health care delivered to patients in the care of a qualified medical provider working at a treatment hospital, treatment hospital with approved pediatric transfer, or an approved pediatric health care facility. "Medical forensic examination" 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 Illinois State Police 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. "Pediatric health care facility" means a clinic or physician's office that provides medical services to patients under the age of 18. "Pediatric sexual assault survivor" means a person under the age of 13 who presents for a medical forensic examination in relation to injuries or trauma resulting from a sexual assault. "Photo documentation" means digital photographs or colposcope videos stored and backed up securely in the original file format. "Physician" means a person licensed to practice medicine in all its branches. "Physician assistant" has the meaning provided in Section 4 of the Physician Assistant Practice Act of 1987. "Qualified medical provider" means a board-certified child abuse pediatrician, board-eligible child abuse pediatrician, a sexual assault forensic examiner, or a sexual assault nurse examiner who has access to photo documentation tools, and who participates in peer review. "Registered Professional Nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act. "Sexual assault" means: (1) an act of sexual conduct; as used in this paragraph, "sexual conduct" has the meaning provided under Section 11-0.1 of the Criminal Code of 2012; or (2) any act of sexual penetration; as used in this paragraph, "sexual penetration" has the meaning provided 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. "Sexual assault forensic examiner" means 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. "Sexual assault nurse examiner" means an advanced practice registered nurse or registered professional nurse who is designated as Adult/Adolescent, Pediatric/Adolescent, or both, according to the population of survivors the nurse is qualified to treat and: (1) is certified as a Sexual Assault Nurse Examiner by the International Association of Forensic Nurses; or (2) has completed training that meets the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses and is approved by the Sexual Assault Nurse Examiner Program Coordinator. "Sexual Assault Nurse Examiner Program Coordinator" means an advanced practice registered nurse or a registered professional nurse that is a qualified medical provider, and who is the employee at Attorney General's Office who oversees the Sexual Assault Nurse Examiner Program. "Sexual assault services voucher" means a document generated by a hospital or approved pediatric health care facility where the sexual assault survivor first presents and that may be used to seek payment for any ambulance services, a medical forensic examination, medical care and treatment as defined by 77 Ill. Adm. Code Part 545, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault. "Sexual assault survivor" means a person who presents for a medical forensic examination or medical care and treatment in relation to injuries or trauma resulting from a sexual assault. "Sexual assault transfer plan" means a written plan developed by a hospital and approved by the Department, which describes the hospital's procedures for transferring acute sexual assault survivors to another hospital, and an approved pediatric health care facility, if applicable, in order to receive medical forensic examinations performed by qualified medical providers. "Sexual assault treatment plan" means a written plan that describes the procedures and protocols for providing medical forensic examinations to acute sexual assault survivors who present themselves for such services performed by qualified medical providers, either directly or through transfer from a hospital or an approved pediatric health care facility. "Transfer hospital" means a hospital with a sexual assault transfer plan approved by the Department. "Transfer services" means the appropriate medical screening examination and necessary stabilizing treatment prior to the transfer of a sexual assault survivor to another hospital or an approved pediatric health care facility pursuant to a sexual assault treatment plan or areawide sexual assault treatment plan. "Treatment hospital" means a hospital with a sexual assault treatment plan approved by the Department to provide medical forensic examinations to acute sexual assault survivors. "Treatment hospital with approved pediatric transfer" means a hospital with a treatment plan approved by the Department to provide medical forensic examinations to sexual assault survivors 13 years old or older who present with a complaint of acute sexual assault. (b) This Section is effective on and after January 1, 2024. (Source: P.A. 103-154, eff. 6-30-23; 104-386, eff. 1-1-26.) (Text of Section after amendment by P.A. 104-837) Sec. 1a. Definitions. (a) In this Act: "Acute sexual assault" means a sexual assault that has recently occurred. For patients under the age of 13, "acute sexual assault" means a sexual assault that has occurred within the past 72 hours. For patients 13 years old or older, "acute sexual assault" means a sexual assault that has occurred within the past 168 hours. "Advanced practice registered nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act. "Ambulance provider" means an individual or entity that owns and operates a business or service using ambulances or emergency medical services vehicles to transport emergency patients. "Approved pediatric health care facility" means a health care facility, other than a hospital, with a sexual assault treatment plan approved by the Department to provide medical forensic examinations to sexual assault survivors under the age of 18 who present with a complaint of acute sexual assault. "Areawide sexual assault treatment plan" means 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 examinations to acute sexual assault survivors that shall be made available by each of the participating hospitals and approved pediatric health care facilities. "Assent" means the expressed willingness to participate in an activity or give permission. "Board-certified child abuse pediatrician" means a physician certified by the American Board of Pediatrics in child abuse pediatrics. "Board-eligible child abuse pediatrician" means 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. "Decisional capacity" means the ability to understand and appreciate the nature and consequences of a decision regarding medical treatment or evidence collection and the ability to reach and communicate an informed decision in the matter as determined by a physician, an advanced practice registered nurse, or a physician assistant. "Department" means the Department of Public Health. "Distant site" has the meaning given to that term in Section 5 of the Telehealth Act. "Emergency contraception" means 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. "Follow-up healthcare" means healthcare services related to a sexual assault, including laboratory services and pharmacy services, rendered within 180 days of the initial visit as a result of the sexual assault. "Guardian" means a court appointed guardian of the person. "Guardian" includes the DCFS Guardianship Administrator or the DCFS Guardianship Administrator's authorized agent for a minor 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. "Guardian" also includes a short-term guardian appointed for an adult in accordance with Section 11a-3.2 of the Probate Act of 1975. "Health care professional" means a physician, a physician assistant, a sexual assault forensic examiner, an advanced practice registered nurse, a registered professional nurse, a licensed practical nurse, or a sexual assault nurse examiner. "Hospital" means a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act, any outpatient center included in the hospital's sexual assault treatment plan where hospital employees provide medical forensic examinations, and an out-of-state hospital that has consented to the jurisdiction of the Department under Section 2.06. "Illinois State Police Sexual Assault Evidence Collection Kit" means 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 Illinois State Police Sexual Assault Evidence Collection Kit. "Law enforcement agency having jurisdiction" means the law enforcement agency in the jurisdiction where an alleged sexual assault or sexual abuse occurred. "Licensed practical nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act. "Medical forensic examination" means health care delivered to patients at a treatment hospital, treatment hospital with approved pediatric transfer, or an approved pediatric health care facility that is either: (i) performed by a qualified medical provider, or (ii) performed by a trained provider and precepted by a qualified medical provider. A "medical forensic examination" may be assisted with the use of a TeleSANE interactive telecommunications system and 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 Illinois State Police 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. "Minor" means a person who has not attained the age of 18 years. "Originating site" has the meaning given to that term in Section 5 of the Telehealth Act. "Originating site provider" means a trained provider or qualified medical provider at the originating site. "Pediatric health care facility" means a clinic or physician's office that provides medical services to patients under the age of 18. "Pediatric sexual assault survivor" means a person under the age of 13 who presents for a medical forensic examination in relation to injuries or trauma resulting from a sexual assault. "Precept" means to provide direct and active clinical oversight to a trained provider during the performance of a medical forensic examination in a clinical setting, whether in-person or via a TeleSANE interactive telecommunications system. "Photo documentation" means digital photographs or colposcope videos stored and backed up securely in the original file format. "Physician" means a person licensed to practice medicine in all its branches. "Physician assistant" has the meaning provided in Section 4 of the Physician Assistant Practice Act of 1987. "Qualified medical provider" means a board-certified child abuse pediatrician, board-eligible child abuse pediatrician, a sexual assault forensic examiner, or a sexual assault nurse examiner who has access to photo documentation tools, and who participates in peer review. "Registered Professional Nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act. "Sexual assault" means: (1) an act of sexual conduct; as used in this paragraph, "sexual conduct" has the meaning provided under Section 11-0.1 of the Criminal Code of 2012; or (2) any act of sexual penetration; as used in this paragraph, "sexual penetration" has the meaning provided 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. "Sexual assault forensic examiner" means 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. "Sexual assault nurse examiner" means an advanced practice registered nurse or registered professional nurse who is designated as Adult/Adolescent, Pediatric/Adolescent, or both, according to the population of survivors the nurse is qualified to treat and: (1) is certified as a Sexual Assault Nurse Examiner by the International Association of Forensic Nurses; or (2) has completed training that meets the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses and is approved by the Sexual Assault Nurse Examiner Program Coordinator. "Sexual Assault Nurse Examiner Program Coordinator" means an advanced practice registered nurse or a registered professional nurse that is a qualified medical provider, and who is the employee at Attorney General's Office who oversees the Sexual Assault Nurse Examiner Program. "Sexual assault services voucher" means a document generated by a hospital or approved pediatric health care facility where the sexual assault survivor first presents and that may be used to seek payment for any ambulance services, a medical forensic examination, medical care and treatment as defined by 77 Ill. Adm. Code Part 545, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault. "Sexual assault survivor" means a person who presents for a medical forensic examination or medical care and treatment in relation to injuries or trauma resulting from a sexual assault. "Sexual assault transfer plan" means a written plan developed by a hospital and approved by the Department, which describes the hospital's procedures for transferring acute sexual assault survivors to another hospital, and an approved pediatric health care facility, if applicable, in order to receive medical forensic examinations performed by qualified medical providers. "Sexual assault treatment plan" means a written plan that describes the procedures and protocols for providing medical forensic examinations to acute sexual assault survivors who present themselves for such services performed by qualified medical providers, either directly or through transfer from a hospital or an approved pediatric health care facility. "TeleSANE Interactive Telecommunications System" has the meaning given to the term "interactive telecommunications system" in Section 5 of the Telehealth Act. As used in this Act, "TeleSANE interactive telecommunications system" does not include an audio-only telephone system. "Trained provider" means a health care professional who is training to become a qualified medical provider and has completed didactic training that has been reviewed and approved by the SANE Program Coordinator at the Attorney General's Office. "Transfer hospital" means a hospital with a sexual assault transfer plan approved by the Department. "Transfer services" means the appropriate medical screening examination and necessary stabilizing treatment prior to the transfer of a sexual assault survivor to another hospital or an approved pediatric health care facility pursuant to a sexual assault treatment plan or areawide sexual assault treatment plan. "Treatment hospital" means a hospital with a sexual assault treatment plan approved by the Department to provide medical forensic examinations to acute sexual assault survivors. "Treatment hospital with approved pediatric transfer" means a hospital with a treatment plan approved by the Department to provide medical forensic examinations to sexual assault survivors 13 years old or older who present with a complaint of acute sexual assault. (b) This Section is effective on and after January 1, 2024. (Source: P.A. 103-154, eff. 6-30-23; 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