§545.65. Transfer of Sexual Assault Survivors  


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  • 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)         All unauthorized personnel, including law enforcement personnel, shall remain outside the examination room during the medical examination.  If a survivor who is in the custody of law enforcement officers exhibits behavior that may cause physical harm to herself/himself or hospital staff, the staff shall request that law enforcement officers be posted outside the examination room door.

     

    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:

     

    1)         Have the available space and staff for the treatment of the sexual assault survivor; and

     

    2)         Agree to accept the transfer of the sexual assault survivor and to initiate medical forensic services within 90 minutes after the patient's arrival pursuant to the Act and this Part. (Section 5.3(b) of the Act)

     

    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:

     

    1)         A completed emergency department admission form;

     

    2)         Clinical findings, if any;

     

    3)         Nurses' notes;

     

    4)         The name and relationship to the survivor, if known, of any person present during an examination conducted pursuant to this Section;

     

    5)         Observations of signs and symptoms and the presence of any trauma or injury (e.g., cuts, scratches, bruises, red marks, and broken bones), if any examination was conducted or treatment rendered pursuant to subsection (c); and

     

    6)         The results of any tests.

     

    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.

     

    1)         The hospital shall handle the survivor and clothing as minimally as possible.

     

    2)         The hospital shall not attempt to obtain any specimens for evidentiary purposes (e.g., blood, saliva, hair samples, etc.).

     

    3)         If removal of any clothing is necessary to render emergency services as described in subsection (c), removal should be attempted without cutting, tearing or shaking the garments.

     

    4)         All loose or removed articles of clothing or other possessions of the survivor shall be left to dry if possible, placed in separate paper bags, and then placed in one larger paper bag.  The bag shall be sealed and labeled with the survivor's name, the names of the health care personnel in attendance, the contents, the date, and the time collected.

     

    A)        Except as otherwise provided in subsection (k)(4)(C), the sealed bag shall not be transported with the survivor to the receiving hospital or approved pediatric health care facility.

     

    B)        If the survivor is transferred by a friend or family member, the hospital shall notify the law enforcement agency having jurisdiction that a sexual assault survivor sought medical forensic services related to a sexual assault. The hospital shall maintain and secure the sealed bag with the law enforcement report number until, after obtaining the survivor's written consent, the sealed bag is released to the law enforcement agency having jurisdiction (see Section 545.61).

     

    C)        If the survivor is transported by ambulance, the sealed bag, after obtaining the survivor's written consent, shall be released to the law enforcement agency having jurisdiction or transported with EMS personnel only upon completion of a chain of custody form. The chain of custody form shall be signed by the transfer hospital relinquishing custody of the sealed bag, the EMS personnel with custody of the sealed bag during transport, and the receiving hospital or approved pediatric health care facility taking custody of the sealed bag. Each signature shall include the times and dates the sealed bag was handled.

     

    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.

     

    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.

     

(Source:  Amended at 44 Ill. Reg. 6326, effective April 10, 2020)