|
October 21, 2009
New Legislation, Rules on Treatment of Sexual Assault Survivors
Hospitals should be aware of the following developments
related to care of sexual assault survivors:
-
Legislation effective
January 1, 2010 amends the Sexual Assault Survivors Emergency
Treatment Act to provide that any person (formerly any minor) who is a
sexual assault survivor seeking services shall be provided services without
the consent of any parent, guardian, custodian, surrogate, or agent;
-
Rules implementing statutory changes effective in 2008 are scheduled to be
published in November and effective immediately;
-
IDPH will soon be asking hospitals for their
revised sexual assault treatment or transfer policies that
incorporate statutory changes effective in 2008.
I. LEGISLATION EFFECTIVE JANUARY 1
Public Act 96-0318, effective January 1, 2010, amends the Sexual Assault
Survivors Emergency Treatment Act (SASETA) to provide added protections for
disabled adults whose guardians may be unwilling to consent to the adult’s
treatment and/or the release of the evidence collection kit and information.
A. PROVISION OF SERVICES. Currently, SASETA provides that the
consent of a parent, guardian or custodian is not required for a minor who is
seeking services related to a sexual assault. The amendment effective January 1
broadens the provision to any survivor. "Any person who is a sexual
assault survivor who seeks emergency hospital services and forensic services or
follow-up healthcare …shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent."
B. RELEASE OF EVIDENCE. Currently, SASETA provides that the sexual
assault evidence collection kit may not be released by a hospital without the
written consent of the sexual assault survivor. PA 96-0318 provides the
following exception: If the survivor of a sexual assault is an adult who has a
guardian of the person, a health care surrogate, or an agent acting under a
health care power of attorney, then consent of the guardian, surrogate or agent
is not required to release evidence and information concerning the sexual
assault.
If the adult is unable to provide consent for the release of evidence and
information and a guardian, surrogate or agent under a health care power of
attorney is unavailable or unwilling to release the information, then an
investigating law enforcement officer may authorize the release. The full text
of the amendments is available by
clicking here.
II. ADOPTED RULES IMPLEMENTING 2008 STATUTORY CHANGES
The Department of Public Health (IDPH) is scheduled to publish in November
the adopted rules that implement the changes made to SASETA last year. Among the
changes are provisions on medication and evaluating the survivor’s risk of
contracting HIV. The rules list the guidelines or recommendations that a
hospital must consider in developing policies on HIV exposure and prophylaxis.
The hospital must provide written and oral instructions indicating the need for
follow-up examinations and lab tests one to two weeks after the sexual assault.
Other requirements include referrals for counseling and, as deemed appropriate,
for follow-up health care and/or monitoring of medication.
III. IDPH REQUEST FOR HOSPITALS’ PLANS
Recently, IDPH has conducted some on-site hospital reviews of compliance
with SASETA requirements, and plans to send letters in November to all
treatment and transfer hospitals, requesting their updated sexual assault
treatment or transfer plans. The rules contain shorter revised forms for the
treatment and transfer plans (Appendix A and B). An emergency contraception
protocol consistent with the sample protocols in Appendix C of the rules must be
included. Hospitals must submit revised plans within 60 days after receiving the
request from IDPH. IDPH maintains a website report regarding hospitals’
submission of plans.
I hope this information has been helpful. If you have questions about the
recent legislation or rulemaking, please contact Barb Haller at
bhaller@ihastaff.org or 630.276.5474.
|