77 Ill. Adm. Code 545.20
Definitions
Section 545
Section 545.20 Definitions
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 forensic services.
(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).