Illinois Administrative Code
Title 77 - PUBLIC HEALTH
Part 545 - SEXUAL ASSAULT SURVIVORS EMERGENCY TREATMENT CODE
Section 545.65 - Transfer of Sexual Assault Survivors
Current through Register Vol. 48, No. 12, March 22, 2024
a) All transfers shall comply with the federal Emergency Medical Treatment and Active Labor Act and with Sections 545.50 and 545.55 of this Part.
b) Sexual assault survivors may be transferred to another hospital or approved pediatric health care facility, in accordance with the requirements of this Section, as part of an areawide plan.
c) The hospital shall provide an appropriate medical screening examination and necessary stabilizing treatment prior to transfer of the survivor. If a survivor has an emergency medical condition that has not stabilized, the requirements of the federal Emergency Medical Treatment and Active Labor Act shall be met.
d) When a survivor is in custody, or has been arrested for or convicted of a violent crime or forcible felony and continues to be in custody when the survivor presents for the medical forensic exam, then if the qualified medical provider and the representative of the custodial agency, after consultation with the rape crisis advocate, agree that it is a necessary safety precaution, the representative of the custodial agency may remain in the room. In these situations, hospital staff shall facilitate privacy for the survivor using curtains and positioning.
e) A member of the health care team at the receiving hospital or approved pediatric health care facility shall respond within minutes to ensure privacy, shall refer to survivors by code to avoid embarrassment, and shall offer a private room if a short wait is unavoidable.
f) The sexual assault survivor shall be given an appropriate explanation concerning the reason for the transfer to another hospital or approved pediatric health care facility for treatment.
g) The emergency department personnel of the transfer hospital shall notify the receiving hospital or approved pediatric health care facility of the transfer of the sexual assault survivor.
h) The receiving hospital or approved pediatric health care facility shall:
i) An emergency department record shall be completed and a copy transported with the survivor to the receiving hospital or approved pediatric health care facility. This record shall include:
j) The emergency department record shall not reflect any conclusions regarding whether a crime (e.g., criminal sexual assault, criminal sexual abuse) occurred.
k) The hospital shall maintain a chain of custody in the handling of the sexual assault survivor and his or her clothing.
l) If the transfer hospital collects a urine sample from the survivor for testing for a drug-facilitated or alcohol-facilitated sexual assault, the hospital shall follow Illinois State Police guidelines for collection. Pursuant to obtaining the survivor's written consent, the urine sample shall be submitted to the local law enforcement agency having jurisdiction (see Section 545.61).
m) If the sexual assault survivor was brought to the transfer hospital by the police, a friend, or a family member, and has no life-threatening conditions, the survivor may be transported by the police or by the friend or family member to a treatment hospital or approved pediatric health care facility, with the consent of the survivor. All other transfers shall be by ambulance.
n) A transfer hospital shall transfer a sexual assault survivor to a treatment hospital or approved pediatric health care facility designated in its approved transfer plan.
o) The hospital shall offer to call a friend, family member or rape crisis advocate to accompany the survivor or call a rape crisis advocate for counseling or follow-up services.
p) The hospital shall take all reasonable steps to secure the sexual assault survivor's written informed consent to a transfer to another hospital.
q) The hospital shall comply with the Emergency Medical Treatment Act and the federal Emergency Medical Treatment and Active Labor Act.