216B.400 Emergency care -- Examination services for victims of sexual offenses --
1,450 words·~7 min read·
/ky/216b-400A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Training for emergency medical services staff on sexual assault emergency
response -- Content of training -- Examination expenses paid by Crime Victims
Compensation Board -- Reporting to law enforcement -- Examination samples
as evidence.
(1)Where a person has been determined to be in need of emergency care by any person
with admitting authority, the person shall not be denied admission by reason only of
his or her inability to pay for services to be rendered by the hospital.
(2)A hospital that offers emergency services shall provide that a physician, a sexual
assault nurse examiner, who shall be a registered nurse licensed in the
Commonwealth and credentialed by the Kentucky Board of Nursing as provided
under KRS 314.142, or another qualified medical professional, as defined by
administrative regulation promulgated by the Justice and Public Safety Cabinet in
consultation with the Sexual Assault Response Team Advisory Committee as
defined in KRS 403.707, is available on call twenty-four
(24)hours each day for the
examinations of persons seeking treatment as victims of sexual offenses as defined
by KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120,
510.130, 510.140, 530.020, 530.064(1)(a), and 531.310.
(a)A hospital that offers emergency services shall provide mandatory training for
all emergency medical services staff on sexual assault emergency response
requirements, protocols, and resources.
(b)The training curriculum shall be developed in collaboration with the members
of the Sexual Assault Response Team Advisory Committee appointed
pursuant to KRS 403.707 and shall include but not be limited to the following:
1. Instruction on the provisions of:
a. KRS 49.270 to 49.490 relating to crime victims' compensation
coverage and reimbursement and any related administrative
regulations promulgated by the Public Protection Cabinet;
b. KRS 214.185 relating to the diagnosis and treatment of disease,
addictions, or other conditions of a minor;
c. KRS 216B.015 relating to the definition of a sexual assault
examination facility;
d. KRS 216B.140 relating to medical and diagnostic services for
minor victims of sexual violence;
e. This section relating to hospital duties to victims of sexual
violence and victims' rights and related administrative regulations
promulgated by the Cabinet for Health and Family Services;
f. KRS 216B.401 relating to SANE-ready hospitals that have sexual
assault nurse examiner available on call twenty-four
(24)hours a
day;
g. Administrative regulations promulgated by the Justice and Public
Safety Cabinet relating to protocols for sexual assault forensic
exams and storage of sexual assault forensic exam kits; and
h. Administrative regulations promulgated by the Kentucky Board of
Nursing relating to sexual assault nurse examiner credentialing
and standards;
2. An overview of:
a. The Kentucky Medical Protocol for Child Sexual Assault/Abuse
Evaluation;
b. Resources related to sexual assault available from the Kentucky
Hospital Association; and
c. The Kentucky State Police sexual assault forensic examination
(SAFE)kit tracking portal; and
3. Instruction on:
a. Forensic evidence collection provided by a credentialed sexual
assault nurse examiner and a board-certified child abuse
pediatrician or designee; and
b. Services provided by a rape crisis center and a children's advocacy
center.
(4)An examination provided in accordance with this section of a victim of a sexual
offense may be performed in a sexual assault examination facility as defined in
KRS 216B.015. An examination under this section shall apply only to an
examination of a victim.
(5)The physician, sexual assault nurse examiner, or other qualified medical
professional, acting under a statewide medical forensic protocol which shall be
developed by the Justice and Public Safety Cabinet in consultation with the Sexual
Assault Response Team Advisory Committee as defined in KRS 403.707, and
promulgated by the secretary of justice and public safety pursuant to KRS Chapter
13A shall, upon the request of any peace officer or prosecuting attorney, and with
the consent of the victim, or upon the request of the victim, examine the victim for
the purposes of providing basic medical care relating to the incident and gathering
samples that may be used as physical evidence. This examination shall include but
not be limited to:
(a)Basic treatment and sample gathering services; and
(b)Laboratory tests, as appropriate.
(6)Each victim shall be informed of available services for treatment of sexually
transmitted infections, pregnancy, and other medical and psychiatric problems.
Pregnancy counseling shall not include abortion counseling or referral information.
(7)Each victim shall be informed of available crisis intervention or other mental health
services provided by regional rape crisis centers providing services to victims of
sexual assault.
(8)Notwithstanding any other provision of law, a minor may consent to examination
under this section. This consent is not subject to disaffirmance because of minority,
and consent of the parents or guardians of the minor is not required for the
examination.
(a)The examinations provided in accordance with this section and other services
provided to a victim pursuant to subsection
(10)of this section shall be paid
for by the Crime Victims Compensation Board at a rate to be determined by
the administrative regulation promulgated by the board after consultation with
the Sexual Assault Response Team Advisory Committee as defined in KRS
403.707. Payment for services rendered pursuant to subsection
(10)of this
section shall be made at a rate not to exceed the Medicaid reimbursement rate
for the same or similar services.
(b)Upon receipt of a completed claim form supplied by the board and an
itemized billing for a forensic sexual assault examination or related services
that are within the scope of practice of the respective provider and were
performed no more than twelve
(12)months prior to submission of the form,
the board shall reimburse the hospital or sexual assault examination facility,
pharmacist, health department, physician, sexual assault nurse examiner, or
other qualified medical professional as provided in administrative regulations
promulgated by the board pursuant to KRS Chapter 13A. Reimbursement
shall be made to an out-of-state nurse who is credentialed in the other state to
provide sexual assault examinations, an out-of-state hospital, or an out-of-
state physician if the sexual assault occurred in Kentucky.
(c)Independent investigation by the Crime Victims Compensation Board shall
not be required for payment of claims under this section; however, the board
may require additional documentation or proof that the forensic medical
examination was performed.
(10)When an examination of a victim of a sexual offense is provided in accordance with
this section, no charge shall be made to the victim by the hospital, the sexual assault
examination facility, the physician, the pharmacist, the health department, the
sexual assault nurse examiner, other qualified medical professional, the victim's
insurance carrier, or the Commonwealth for:
(a)Sexual assault examinations, whether or not the exam is completed;
(b)Prophylactic medical treatment;
(c)Strangulation assessments; or
(d)Other medical tests or services, including triage and ambulance expenses,
related to the incident, exam, or treatment which occur on the same date as the
original exam.
(a)Each victim shall have the right to determine whether a report or other
notification shall be made to law enforcement, except where reporting of
abuse and neglect of a child or a vulnerable adult is required, as set forth in
KRS 209.030 and 620.030. No victim shall be denied an examination, or
billed in violation of subsection
(10)of this section, because the victim
chooses not to file a police report, cooperate with law enforcement, or
otherwise participate in the criminal justice system.
(b)If the victim chooses to report to law enforcement, the hospital shall notify
law enforcement within twenty-four
(24)hours.
(c)1. All samples collected during an exam where the victim has chosen not
to immediately report to law enforcement shall be stored, released, and
destroyed, if appropriate, in accordance with an administrative
regulation promulgated by the Justice and Public Safety Cabinet in
consultation with the Sexual Assault Response Team Advisory
Committee as defined in KRS 403.707. 2. Facilities collecting samples pursuant to this section may provide the
required secure storage, sample destruction, and related activities, or
may enter into agreements with other agencies qualified to do so,
pursuant to administrative regulation. 3. All samples collected pursuant to this section shall be stored for at least
one
(1)year from the date of collection in accordance with the
administrative regulation promulgated pursuant to this subsection. 4. Notwithstanding KRS 524.140, samples collected during exams where
the victim chose not to report immediately or file a report within one
year after collection may be destroyed as set forth in accordance with
the administrative regulation promulgated pursuant to this subsection.
The victim shall be informed of this process at the time of the
examination. No hospital, sexual assault examination facility, or
designated storage facility shall be liable for destruction of samples after
the required storage period has expired.