Sec. 2. Definitions
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/bill/117/s/3648/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 304 of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40723 ) is amended by striking subsections (a), (b), and
(c)and inserting the following: In this section: The term eligible entity includes— a Tribal government or hospital; a sexual assault examination program, including— a SANE program; a SAFE program; a SART program; medical personnel, including a doctor or nurse, involved in treating victims of sexual assault; and a victim service provider involved in treating victims of sexual assault; a State sexual assault coalition; a health care facility, including a hospital that provides sexual assault forensic examinations by a qualified or certified SANE or SAFE; a sexual assault examination program that provides SANE or SAFE training; and a community-based program that provides sexual assault forensic examinations, including pediatric forensic exams in a multidisciplinary setting, by a qualified or certified SANE or SAFE outside of a traditional health care setting. The term health care facility means any State, local, Tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that provides emergency medical care to patients. The term medical forensic examination or MFE means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes— gathering information from the patient for the medical forensic history; an examination; coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; documentation of findings; providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and providing follow-up as needed to provide additional healing, treatment, or collection of evidence. The term pediatric SANE and SAFE means a SANE or SAFE who is trained to conduct sexual assault forensic examinations on children and youth between the ages of 0 and 18. The term qualified personnel includes a registered or advanced practice nurse, physician, doctor of osteopathy, or physician assistant who has specialized training conducting medical forensic examinations. The term qualified SANE and SAFE training program means a program that— is qualified to prepare current and future sexual assault nurse examiners to be profession-ready and meet the applicable State and national certification and licensure requirements, through didactic, clinical, preceptor, or capstone programs that include longer-term training; provides that preparation under a health care model that uses trauma-informed techniques; and is approved as meeting the most recent National Training Standards for Sexual Assault Medical Forensic Examiners. The term rural area has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). The term Secretary means the Secretary of Health and Human Services. The term sexual assault means any nonconsensual sexual act or sexual contact proscribed by Federal, Tribal, or State law, including when the individual lacks capacity to consent. The term sexual assault forensic examiner or SAFE means an individual who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. The term sexual assault forensic examination means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes— gathering information from the patient for the medical forensic history; an examination; coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; documentation of findings; providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and providing follow-up as needed to provide additional healing, treatment, or collection of evidence. The term sexual assault nurse examiner or SANE means a registered or advanced practice nurse who has specialized training conducting medical forensic examinations. The term sexual assault response team or SART means a multidisciplinary team that— provides a specialized and immediate response to survivors of sexual assault; and may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. The term State means any State of the United States, the District of Columbia, and any territory or possession of the United States. The term trauma-informed means, with respect to services or training, services or training that— use a patient-centered approach to providing services or care; promote the dignity, strength, and empowerment of patients who have experienced trauma; and incorporate evidence-based practices based on knowledge about the impact of trauma on patients’ lives. The term underserved populations has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). .
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