{"data":{"id":"us-ky/krs-216b.400","jurisdiction":"us-ky","citation":"KRS 216B.400","heading":"Emergency care -- Examination services for victims of sexual offenses --","body":"Training for emergency medical services staff on sexual assault emergency\nresponse -- Content of training -- Examination expenses paid by Crime Victims\nCompensation Board -- Reporting to law enforcement -- Examination samples\nas evidence.\n(1) Where a person has been determined to be in need of emergency care by any person\nwith admitting authority, the person shall not be denied admission by reason only of\nhis or her inability to pay for services to be rendered by the hospital.\n(2) A hospital that offers emergency services shall provide that a physician, a sexual\nassault nurse examiner, who shall be a registered nurse licensed in the\nCommonwealth and credentialed b y the Kentucky Board of Nursing as provided\nunder KRS 314.142, or another qualified medical professional, as defined by\nadministrative regulation promulgated by the Justice and Public Safety Cabinet in\nconsultation with the Sexual Assault Response Team Adv isory Committee as\ndefined in KRS 403.707, is available on call twenty-four (24) hours each day for the\nexaminations of persons seeking treatment as victims of sexual offenses as defined\nby KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110,  510.120,\n510.130, 510.140, 530.020, 530.064(1)(a), and 531.310.\n(3) (a) A hospital that offers emergency services shall provide mandatory training for\nall emergency medical services staff on sexual assault emergency response\nrequirements, protocols, and resources.\n(b) The training curriculum shall be developed in collaboration with the members\nof the Sexual Assault Response Team Advisory Committee appointed\npursuant to KRS 403.707 and shall include but not be limited to the following:\n1. Instruction on the provisions of:\na. KRS 49.270 to 49.490 relating to crime victims' compensation\ncoverage and reimbursement and any related administrative\nregulations promulgated by the Public Protection Cabinet;\nb. KRS 214.185 relating to the diagnosis and treatment of disease,\naddictions, or other conditions of a minor;\nc. KRS 216B.015 relating to the definition of a sexual assault\nexamination facility;\nd. KRS 216B.140 relating to medical and diagnostic services for\nminor victims of sexual violence;\ne. This section relating to hospital duties to victims of sexual\nviolence and victims' rights and related administrative regulations\npromulgated by the Cabinet for Health and Family Services;\nf. KRS 216B.401 relating to S ANE-ready hospitals that have sexual\nassault nurse examiner available on call twenty -four (24) hours a\nday;\ng. Administrative regulations promulgated by the Justice and Public\nSafety Cabinet relating to protocols for sexual assault forensic\nexams and storage of sexual assault forensic exam kits; and\nh. Administrative regulations promulgated by the Kentucky Board of\nNursing relating to sexual assault nurse examiner credentialing\nand standards;\n2. An overview of:\na. The Kentucky Medical Protocol for Child Sex ual Assault/Abuse\nEvaluation;\nb. Resources related to sexual assault available from the Kentucky\nHospital Association; and\nc. The Kentucky State Police sexual assault forensic examination\n(SAFE) kit tracking portal; and\n3. Instruction on:\na. Forensic evide nce collection provided by a credentialed sexual\nassault nurse examiner and a board -certified child abuse\npediatrician or designee; and\nb. Services provided by a rape crisis center and a children's advocacy\ncenter.\n(4) An examination provided in accordance  with this section of a victim of a sexual\noffense may be performed in a sexual assault examination facility as defined in\nKRS 216B.015. An examination under this section shall apply only to an\nexamination of a victim.\n(5) The physician, sexual assault nur se examiner, or other qualified medical\nprofessional, acting under a statewide medical forensic protocol which shall be\ndeveloped by the Justice and Public Safety Cabinet in consultation with the Sexual\nAssault Response Team Advisory Committee as defined i n KRS 403.707, and\npromulgated by the secretary of justice and public safety pursuant to KRS Chapter\n13A shall, upon the request of any peace officer or prosecuting attorney, and with\nthe consent of the victim, or upon the request of the victim, examine th e victim for\nthe purposes of providing basic medical care relating to the incident and gathering\nsamples that may be used as physical evidence. This examination shall include but\nnot be limited to:\n(a) Basic treatment and sample gathering services; and\n(b) Laboratory tests, as appropriate.\n(6) Each victim shall be informed of available services for treatment of sexually\ntransmitted infections, pregnancy, and other medical and psychiatric problems.\nPregnancy counseling shall not include abortion counseling or referral information.\n(7) Each victim shall be informed of available crisis intervention or other mental health\nservices provided by regional rape crisis centers providing services to victims of\nsexual assault.\n(8) Notwithstanding any other provision of law, a minor may consent to examination\nunder this section. This consent is not subject to disaffirmance because of minority,\nand consent of the parents or guardians of the minor is not required for the\nexamination.\n(9) (a) The examinations provided in acc ordance with this section and other services\nprovided to a victim pursuant to subsection (10) of this section shall be paid\nfor by the Crime Victims Compensation Board at a rate to be determined by\nthe administrative regulation promulgated by the board after consultation with\nthe Sexual Assault Response Team Advisory Committee as defined in KRS\n403.707. Payment for services rendered pursuant to subsection (10) of this\nsection shall be made at a rate not to exceed the Medicaid reimbursement rate\nfor the same or similar services.\n(b) Upon receipt of a completed claim form supplied by the board and an\nitemized billing for a forensic sexual assault examination or related services\nthat are within the scope of practice of the respective provider and were\nperformed no more than twelve (12) months prior to submission of the form,\nthe board shall reimburse the hospital or sexual assault examination facility,\npharmacist, health department, physician, sexual assault nurse examiner, or\nother qualified medical professiona l as provided in administrative regulations\npromulgated by the board pursuant to KRS Chapter 13A. Reimbursement\nshall be made to an out -of-state nurse who is credentialed in the other state to\nprovide sexual assault examinations, an out -of-state hospital, or an out -of-\nstate physician if the sexual assault occurred in Kentucky.\n(c) Independent investigation by the Crime Victims Compensation Board shall\nnot be required for payment of claims under this section; however, the board\nmay require additional documen tation or proof that the forensic medical\nexamination was performed.\n(10) When an examination of a victim of a sexual offense is provided in accordance with\nthis section, no charge shall be made to the victim by the hospital, the sexual assault\nexamination facility, the physician, the pharmacist, the health department, the\nsexual assault nurse examiner, other qualified medical professional, the victim's\ninsurance carrier, or the Commonwealth for:\n(a) Sexual assault examinations, whether or not the exam is completed;\n(b) Prophylactic medical treatment;\n(c) Strangulation assessments; or\n(d) Other medical tests or services, including triage and ambulance expenses,\nrelated to the incident, exam, or treatment which occur on the same date as the\noriginal exam.\n(11) (a) Each victim shall have the right to determine whether a report or other\nnotification shall be made to law enforcement, except where reporting of\nabuse and neglect of a child or a vulnerable adu lt is required, as set forth in\nKRS 209.030 and 620.030. No victim shall be denied an examination, or\nbilled in violation of subsection (10) of this section, because the victim\nchooses not to file a police report, cooperate with law enforcement, or\notherwise participate in the criminal justice system.\n(b) If the victim chooses to report to law enforcement, the hospital shall notify\nlaw enforcement within twenty-four (24) hours.\n(c) 1. All samples collected during an exam where the victim has chosen not\nto immediately report to law enforcement shall be stored, released, and\ndestroyed, if appropriate, in accordance with an administrative\nregulation promulgated by the Justice and Public Safety Cabinet in\nconsultation with the Sexual Assault Response Team Adviso ry\nCommittee as defined in KRS 403.707.\n2. Facilities collecting samples pursuant to this section may provide the\nrequired secure storage, sample destruction, and related activities, or\nmay enter into agreements with other agencies qualified to do so,\npursuant to administrative regulation.\n3. All samples collected pursuant to this section shall be stored for at least\none (1) year from the date of collection in accordance with the\nadministrative regulation promulgated pursuant to this subsection.\n4. Notwithstanding KRS 524.140, samples collected during exams where\nthe victim chose not to report immediately or file a report within one (1)\nyear after collection may be destroyed as set forth in accordance with\nthe administrative regulation promulgated pursuant t o this subsection.\nThe victim shall be informed of this process at the time of the\nexamination. No hospital, sexual assault examination facility, or\ndesignated storage facility shall be liable for destruction of samples after\nthe required storage period has expired.","path":["KRS Chapter 216B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56085","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:24Z","sha256":"33468e5340e9845a3a3f8784c41f153ce5758d3684559b87683d8dae2d5c42aa","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216b.339","next":"us-ky/krs-216b.401"},"notice":"GroundRules: Original legal text. Not legal advice."}