KRS 216B.400: Emergency care -- Examination services for victims of sexual offenses --

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 b y 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 Adv isory 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.

(3) (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 S ANE-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 Sex ual 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 evide nce 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 nur se 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 i n 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 th e 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.

(9) (a) The examinations provided in acc ordance 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 professiona l 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 documen tation 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.

(11) (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 adu lt 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 Adviso ry

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 (1)

year after collection may be destroyed as set forth in accordance with

the administrative regulation promulgated pursuant t o 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.