Amendment vs bill House Committee Amendment, #4880, H&G, Draft vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
HCAHB1247 4311 4880 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on House and Governmental Affairs to Engrossed House Bill No.
1247 (Substitute for House Bill No.
1247 by Representative Spell AMENDMENT NO.
884 byRepresentative Spell) BYREPRESENTATIVESSPELL,ADAMS,BAYHAM,BERAULT,BILLINGS,BOYD, BRASS, BUTLER, CARRIER, CARVER, CHASSION, CHENEVERT, COX, DEVILLIER,DEWITT,DICKERSON,DOMANGUE,ECHOLS,EGAN,FISHER, FREEMAN,FREIBERG,GALLE,GLORIOSO,HEBERT,HILFERTY,HORTON, ILLG, JACKSON, MIKE JOHNSON, TRAVIS JOHNSON, LAFLEUR, JACOB LANDRY, MANDIE LANDRY, LYONS, MCFARLAND, MCMAKIN, MELERINE, MENA, MURRAY, OWEN, SAWYER, SCHLEGEL, STAGNI, TURNER,VENTRELLA,VILLIO,WALTERS,ANDWYBLEANDSENATORS BARROW, BARTHELEMY, BOUDREAUX, DUPLESSIS, HARRIS, HENRY, JACKSON-ANDREWS, JENKINS, LUNEAU, MIZELL, PRICE, AND WHEAT AN ACT To amend and reenact R.S.
1 On page 1, line 2, after "through" delete the remainder of the line and insert "(D) and R.S.
15:622(A)(introductory paragraph) and (3) through (5), 624(A)(1)(introductory paragraph) and (B) through (D), and 624.1(B)(2), (C), and (I),R.S.40:1216.1(H)(introductoryparagraph),(5),and(7),R.S.44:4.1(B)(27),and R.S.46:1842(introductoryparagraph)and(14)andtoenactR.S.15:555(A)(18),557, 622(A)(6) and (7), and 624(E) and (F), Part XI of Subchapter D of Chapter 5-D of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
44:4.1(B)(27), to" AMENDMENT NO.
40:1228.1through1228.11,andR.S.46:1842(20)and(21),relativetosexualassault nurse examiners;
2 On page 3, delete lines 7 and 8 and insert the following:
to provide for the membership of the Louisiana Sexual Assault Oversight Commission;
"(3) The president of the Louisiana State Board of Nursing or his designee." AMENDMENT NO.
to provide for the creation, duties, and membership of a subcommitteeoftheLouisianaSexualAssaultOversightCommission;toprovidefor reportingrequirements;toprovideforastatementoflegislativeintent;toprovidefor a purpose;
3 On page 3, delete lines 11 through 26 and insert the following:
to create the position of the statewide sexual assault nurse examiner coordinatoror"SANE"coordinator;toprovideforduties;toprovidefordefinitions;
"(5) The president of the Louisiana Hospital Association, or his designee.
to establish a TeleSANE training and mobile SANE program;
to provide for reports tolawenforcement;toproviderelativetoforensicmedicalexaminations;toprovide relative to standards of hospitals and healthcare providers;
to provide relative to the Page 1 of 21 CODING:
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HB NO.
1247 ENROLLED reproduction of certain records;
to provide for coordination;
to provide for a public recordsexception;toprovideforaneffectivedate;andtoprovideforrelatedmatters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
15:622(A)(introductory paragraph) and (3) through (5), 624(A)(1)(introductory paragraph) and (B) through (D), and 624.1(B)(2), (C), and (I) are herebyamendedandreenactedandR.S.
15:555(A)(18),557,622(A)(6)and(7),and624(E) and (F) are herebyenacted to read as follows:
CHAPTER 3-C.
LOUISIANA SEXUAL ASSAULT OVERSIGHT COMMISSION §555.
Louisiana Sexual Assault Oversight Commission;
creation;
membership;
meetings A.
The Louisiana Sexual Assault Oversight Commission is hereby created within the Department of Justice, office of the attorney general.
The commission shall consist of the following members:
* * * (18) The statewide sexual assault nurse examiner, or SANE, coordinator or his designee.
* * * §557.
Louisiana Sexual Assault Oversight Commission;
sexual assault response standards subcommittee A.
TheSexualAssaultResponseStandardsSubcommittee,referredtointhis Section as the "subcommittee", is hereby established as a subcommittee of the Louisiana Sexual Assault Oversight Commission.
The duties of the subcommittee are as follows:
(1) Provide recommendations relative to sexual assault nurse examiner, or SANE, training protocols that include but are not limited to didactic, clinical, and preceptortrainingin accordancewith available best practices per a national training organization in order to establish state sanctioned credentialing.
(2) Provide recommendations relative to the standards and criteria of a statewide registry of SANE-trained and SANE-credentialed nurses or healthcare Page 2 of 21 CODING:
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1247 ENROLLED providers and provide recommendations regarding the appropriate state agencies to maintain and administer the registry.
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(3) Provide recommendations relative to statewide sexual assault response protocols in accordance with the needs and best practices identified within the regional sexual assault response plans from each Louisiana Department of Health regional medical director.
B.
The subcommittee shall consist of the following thirteen members:
(1) The statewide SANE coordinator or his designee.
(2) One practicing SANE-trained nurse, appointed bythe attorney general, who is affiliated with any state SANE nurse association.
(3) The president of the Louisiana State Board of Nursing or his designee.
(4) The chief medical officer within the Louisiana Department of Health, office of public health, or his designee.
(5) The president of the Louisiana Hospital Association, or his designee.
(7) TheexecutivedirectoroftheLouisianaAllianceofChildren'sAdvocacy Centers or his designee.
(7) The executive director of the Louisiana Alliance of Children's Advocacy Centers or his designee.
(9) The executive director of the Louisiana District Attorneys Association or his designee.
(9)TheexecutivedirectoroftheLouisianaDistrictAttorneysAssociationor his designee.
(13) The executive director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice or his designee.
(13) The executive director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice or his designee." AMENDMENT NO.
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4 On page 10, line 26, after "when" delete the remainder of the line and insert "possible and with consideration of geographic parameters within the region and resulting travel time required for SANE nurse response." AMENDMENT NO.
5 On page 12, line 7, after "notification." delete the remainder of the line and delete line 8 Page 1 of 2 CODING:
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HCAHB1247 4311 4880 AMENDMENT NO.
1247 ENROLLED C.
6 Onpage13, line25, after"services"deletetheremainderofthelineandinsert"providedfor in R.S.
The statewide SANE coordinator or his designee shall serve as chairman of the subcommittee.
15:622(2) and" AMENDMENT NO.
Members of the subcommittee shall serve at the pleasure of theappointingauthorityandwithout compensation.
7 On page 14, between lines 2 and 3, insert the following:
Travelexpenses, perdiem,and other expenses maybe paid bythe member's employer or appointing authority.
"(3) Any testing related to the sexual assault or recommended by the healthcare provider.
The office of the attorney general shall provide staff and administrative services needed by the subcommittee to carry out the duties set forth in this Section.
D.
The subcommittee shall fix a time and place for its meetings and shall meetatleastonceeveryfourmonths.
Additionalmeetingsmaybehelduponthecall of the chairman.
E.
A majority of the total subcommittee membership constitutes a quorum and any official action by the subcommittee requires an affirmative vote of a majority of the quorum present and voting.
* * * §622.
Sexual assault collection kits A.
AsusedinthisSection,thefollowingtermshavethefollowingmeanings:
* * * (3) "Reportedsexualassaultcollectionkit"meansasexualassaultcollection kit collected from a survivor who has reported the crime to law enforcement, which indicatesthe survivorhasrequestedthatthecaseproceedasacriminalinvestigation and potential prosecution of the suspect.
(3) (4) "Sexual assault collection kit" means a human biological specimen or specimens collected by a health care provider during a forensic medical examination from the victim of a sexually oriented criminal offense the human biological specimens and associated evidence collected by a healthcare provider during a forensic medical examination for the purpose of documenting, preserving, and analyzing evidence of a sexual assault, and means the standardized sexual assault collection kit issued by the Louisiana State Police.
(4)(5) "Sexuallyorientedcriminaloffense"shallhavehasthesamemeaning as sex offense as defined in R.S.
15:541(24).
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1247 ENROLLED (6) "Unreported sexual assault collection kit" means a sexual assault collection kit collected from a survivor who declines to report the crime to law enforcement at the time of the examination, which indicates the survivor has requested that no criminal investigation or prosecution be initiated, while retaining therighttoreportthecrimeandconvertthekittoareportedstatusatanytimewithin the twenty-year retention period.
(5) (7) "Untested sexual assault collection kit" means a sexual assault collection kit that has not been submitted to the Louisiana State Police Crime Laboratoryorasimilarqualifiedlaboratoryforeitheraserologyordeoxyribonucleic acid (DNA) test.
* * * §624.
Sexually oriented criminal offense data;
reporting A.(1) By February fifteenth of each year, each criminal justice agency, including college and university campus police departments, shall report all of the following information for the prior calendar year to the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice and the statewide SANE coordinator as provided in R.S.
40:1228.1 et seq., within the Louisiana Department of Justice:
* * * B.
ByFebruaryfifteenth of each year, each crime laboratoryshall report the number of sexual assault collection kits in their backlog for the prior calendar year to the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice and to the statewide SANE coordinator as provided in R.S.
40:1228.1 et seq., within the Louisiana Department of Justice.
C.
ByFebruaryfifteenthof eachyear, eachLouisiana Departmentof Health regionalmedicaldirectorshallsubmithisregionalsexualassaultresponseplantothe chief medical officer within the Louisiana Department of Health, office of public health, and the statewide SANE coordinator with inclusion of identified regional gaps of access to forensic medical examinations.
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1247 ENROLLED D.
By February fifteenth of each year, the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall submit to the statewide SANE coordinator the previous year's grants and expenditures towards SANE services within each Louisiana Department of Health region.
C.
E.(1) By March first of each year, the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice shall transmit the information required in Subsections A and B of this Section to the chairman of the Senate Committee on Judiciary B and the chairman of the House Committee on Judiciary.
(2) The report shall also include the name and contact information of each criminal justice agency, including each college and university campus police department and each crime laboratory, that failed to submit the report required by Subsections A and B of this Section.
D.
F.
As used in this Section, the following terms have the following meanings:
(1) "Criminal justice agency" means any government agency or subunit thereof, or private agency that, through statutory authorization or a legal formal agreementwithagovernmentalunitoragency,hasthepowerofinvestigation,arrest, detention,prosecution,adjudication,treatment,supervision,rehabilitationorrelease of persons suspected, charged, or convicted of a crime;
or that collects, stores, processes, transmits, or disseminates criminal history records or crime information.
(2) "Reported sexual assault collection kit" means a kit that contains a human biological specimen or specimens collected during a forensic medical examinationfromthevictimofasexuallyorientedcriminaloffensewhoreportedthe crime to law enforcement a sexual assault collection kit collected from a survivor who has reported the crime to law enforcement, which indicates the survivor has requestedthatthecaseproceedas a criminalinvestigationandpotentialprosecution of the suspect.
(3) "Sexualassaultcollectionkit"meansakitthatis designedto assistinthe preservation of a human biological specimen or specimens collected during a Page 6 of 21 CODING:
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1247 ENROLLED forensicmedicalexaminationfromthevictimofasexuallyorientedcriminaloffense the human biological specimens and associated evidence collected by a healthcare provider during a forensic medical examination for the purpose of documenting, preserving, and analyzing evidence of a sexual assault, and means the standardized sexual assault collection kit issued by the Louisiana State Police.
(4) "Sexuallyoriented criminal offense"includes anysexualassaultoffense as defined in R.S.
44:51 and any sexual abuse offense as defined in R.S.
14:403.
(5) "Unreported sexual assault collection kit" means a kit that contains a human biological specimen or specimens collected during a forensic medical examination from the victim of a sexually oriented criminal offense who declined to report the crime to law enforcement sexual assault collection kit collected from a survivor who declines to report the crime to law enforcement at the time of the examination, which indicates the survivor has requested that no criminal investigationorprosecutionbeinitiated,whileretainingtheright to reportthecrime and convert the kit to a reported status at anytime within the twenty-year retention period.
§624.1.
Submission of sexual assault collection kits * * * B.
The statewide sexual assault collection kit tracking system shall:
* * * (2) Designate sexual assault collection kits as unreported sexual assault collection kits or reported sexual assault collection kits.
* * * C.
The office of state police may phase in initial participation according to region or volume of sexual assault collection kits.
* * * I.
For the purposes of this Section, the following terms have the following meanings:
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HB NO.
1247 ENROLLED (1) "Reportedsexualassaultcollectionkit"meansasexualassaultcollection kit where a law enforcement agency has received a related report or complaint alleging that a sexual assault or other crime occurred collected from a survivor who has reported the crime to law enforcement, which indicates the survivor has requestedthatthecaseproceedas a criminalinvestigationandpotentialprosecution of the suspect.
(2) "Sexual assault collection kit" includes all evidence collected during a sexualassaultmedicalforensicexaminationmeansthehumanbiologicalspecimens andassociatedevidencecollectedbyahealthcareproviderduringaforensicmedical examination for the purpose of documenting, preserving, and analyzing evidence of a sexual assault, and means the standardized sexual assault collection kit issued by the Louisiana State Police.
(3) "Unreported sexual assault collection kit" means a sexual assault collection kit where a law enforcement agency has not received a related report or complaint alleging that a sexual assault has occurred collected from a survivor who declinestoreportthecrimetolawenforcementatthetimeoftheexamination,which indicates the survivor has requested that no criminal investigation or prosecution be initiated,whileretainingtherighttoreportthecrimeandconvertthekittoareported status at any time within the twenty-year retention period.
Section 2.
R.S.
40:1216.1(H)(introductory paragraph), (5), and (7) are hereby amended and reenacted and Part XI of Subchapter D of Chapter 5-D of Title 40 of the LouisianaRevisedStatutesof1950,comprisedofR.S.40:1228.1through1228.11,ishereby enacted to read as follows:
§1216.1.
Procedures for survivors of a sexually oriented criminal offense;
immunity;regionalplans;maximumallowablecosts;definitions;documents requested by victim * * * H.
For purposes of this Section, the following definitions apply:
* * * Page 8 of 21 CODING:
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1247 ENROLLED (5) "Sexual assault collection kit" includes all evidence collected during a forensicmedicalexaminationmeansthehumanbiologicalspecimensandassociated evidence collected by a healthcare provider during a forensic medical examination for the purpose of documenting, preserving, and analyzing evidence of a sexual assault, and means the standardized sexual assault collection kit issued by the Louisiana State Police.
* * * (7) "Unreported sexual assault collection kit" means a sexual assault collection kit where a law enforcement agency has not received a related report or complaint alleging that a sexual assault has occurred collected from a survivor who declinestoreportthecrimetolawenforcementatthetimeoftheexamination,which indicates the survivor has requestedthat no criminal investigation or prosecution be initiated,whileretainingtherighttoreportthecrimeandconvertthekittoareported status at any time within the twenty-year retention period.
* * * PART XI.
SERVICES FOR SURVIVORS OF SEXUALLY ORIENTED CRIMINAL OFFENSES ACCESS ACT §1228.1.
Short title This Part shall be known and maybe cited as the "Services For Survivors of Sexually Oriented Criminal Offenses Access Act".
§1228.2.
Findings and purpose A.
The legislature hereby finds and declares all of the following:
(1) Sexual assault is a serious public health and criminal justice issue that affects individuals of all ages, genders, and backgrounds throughout the state of Louisiana.
(2) Timely, high-quality forensic medical examinations by a trained sexual assault nurse examiner, referred to in this Part as "SANE", are critical to ensuring survivor-centered care, collecting forensic evidence, and supporting prosecution of sexual assault offenders.
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1247 ENROLLED (3) AccesstoSANEservicesisunevenacrossthestate,withsignificantgaps in rural and underserved regions.
(4) Establishing a statewide SANE coordinator and regional mobile SANE nurse teams will improve equitable access to forensic nursingservicesfor survivors of sexual assault throughout the state.
B.
The purpose of this Part is to ensure that everysurvivor of sexual assault in this state has access to a trained sexual assault nurse examiner regardless of geographic location, and to establish a coordinated, sustainable statewide infrastructurefortheperformanceofforensicmedicalexaminations forsurvivorsof sexually oriented offenses.
§1228.3.
Definitions For the purposes of this Part, the following terms have the following meanings:
(1) "Department" means the Louisiana Department of Justice.
(2) "Forensicmedicalexamination"hasthesamemeaningasdefinedinR.S.
15:622.
(3) "Healthcare provider" means either of the following:
(a) A physician, sexual assault nurse examiner, or other healthcare practitioner licensed, certified, registered, or otherwise authorized and trained to perform a forensic medical examination.
(b) A licensed hospital that operates an emergency department.
(4) "Healthcare services" means services, items, supplies, or drugs for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease ancillaryto a sexually oriented criminal offense.
(5) "Reportedsexualassaultcollectionkit"meansasexualassaultcollection kit collected from a survivor who has reported the crime to law enforcement and affirmativelyrequests that the caseproceedas acriminalinvestigation andpotential prosecution of the suspect.
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1247 ENROLLED (6) "Sexual assault collection kit" means the human biological specimens andassociatedevidencecollectedbyahealthcareproviderduringaforensicmedical examination for the purpose of documenting, preserving, and analyzing evidence of a sexual assault, and means the standardized sexual assault collection kit issued by the Louisiana State Police.
(7) "Sexuallyorientedcriminaloffense"hasthesamemeaningasdefinedin R.S.
15:622.
(8) "Sexual Assault Nurse Examiner" or "SANE" means a registered nurse whohasreceivedspecializedtrainingasdeterminedbytheSexualAssaultResponse StandardsSubcommitteeinconductingforensicmedicalexaminationsforsurvivors of sexually oriented criminal offenses.
(9) "Unreported sexual assault collection kit" means a sexual assault collection kit collected from a survivor who declines to report the crime to law enforcement at the time of the examination and requests that no criminal investigationorprosecutionbeinitiated,whileretainingtherightto reportthecrime and convert the kit to a reported status at any time within the twenty-year retention period.
§1228.4.
Statewide SANE coordinator;
creation;
duties A.
Thedepartmentshallcreateandmaintainthepositionofstatewidesexual assault nurse examiner, or SANE, coordinator.
The statewide SANE coordinator shallbetrainedasaSANEnurseinaccordancewithapplicablenationalorstatewide guidelines and have at least two years of experience as a practicing SANE.
B.
The duties of the statewide SANE coordinator shall include all of the following:
(1) Developing,implementing,andoverseeingastatewidestrategicplanfor SANE services.
(2) Developing, implementing, and overseeing a plan to develop mobile SANE teams across the state within the public health regions of the Louisiana Department of Health.
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1247 ENROLLED (3) Developing and maintaining standardized protocols, policies, and procedures for sexual assault forensic examinations consistent with current best practices as established by applicable accrediting bodies, the United States Department of Justice, and other relevant authorities.
(4) Serving as a member of both the Louisiana Sexual Assault Oversight Commission asprovidedinR.S.15:555 andtheSexualAssaultResponseStandards Subcommittee as provided in R.S.
15:557.
(5) In conjunction with the Sexual Assault Response Standards SubcommitteeasprovidedinR.S.15:557,establishingandoverseeingthefollowing:
(a) Mandatory initial and continuing training requirements for all SANE nurses providing services in the state, ensuring that trauma-informed and evidence-based protocols are integrated into all education and practice settings.
(b) A statewide preceptor network, aligned with existing and available best practice guidelines from both national and state organizations.
(6) Maintaining a statewide database tracking SANE service utilization, response times, and gaps in coverage.
(7) Conducting a statewide assessment of access to forensic medical examinations and developing a statewide coverage plan within two years of the assessment's completion to ensure twenty-four-hour access to services in every parish.
(8) Serving as the primary point of contact and liaison between the department and hospitals, healthcare facilities, Louisiana sexual assault centers, children's advocacy centers, law enforcement, district attorneys, and other stakeholders regarding SANE services.
Any healthcare facility, sexual assault center,children'sadvocacycenter,lawenforcementagency,childprotectiveservices agency, or other entity involved in the administration, documentation, or handling of sexual assault forensic examinations or the care of the survivor shall report incidents involving procedural deviation, evidence compromise, or patient safety concerns.
The SANE coordinator shall develop, receive, and retain all incident reports and ensure appropriate review, investigation, and system oversight.
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1247 ENROLLED (9) Facilitatingannual meetings in all regions of the state to solicit the input of interested stakeholders in the region, including but not limited to all of the following:
(a) Any SANE programs within the region.
(b) The coroner for each parish within the region.
(c) The sheriff for each parish within the region.
(d) Thechiefofpoliceforanypoliticalsubdivisionlocatedwithintheregion.
(e) All hospitals with an emergency department located within the region.
(f) First responder organizations located within the region.
(g) Higher education institutions located within the region.
(h) The school board for each parish located within the region.
(i) Sexual assault advocacy organizations and children's advocacy centers providing services within the region.
(j) The district attorney for each parish within the region or his designee.
(k) Each crime lab located within the region.
(l) Any nursing school in the region.
(10) In addition to the reporting requirements provided in R.S.
15:624, submitting an annual report to the governor, attorney general, the president of the Senate, and the speaker of the House of Representatives that details program activities, service utilization data, identified needs, and recommendations for improvement.
(11) Applyingforandadministeringfederalgrants,federalfunding,andany other available funding sources to support SANE services statewide.
(12) Performing any other duties as the attorney general may assign consistent with the purposes of this Part.
§1228.5.
TeleSANE training and mobile SANE program A.
ThedepartmentshallestablishandoverseeastatewideteleSANEtraining program and a mobile SANE program as managed within the public health regions of the Louisiana Department of Health to provide forensic medical examination Page 13 of 21 CODING:
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1247 ENROLLED support and forensic medical examinations for survivors of sexually oriented criminal offenses.
B.
Each mobile SANE nurse or team within each public health region shall have the capacityto do all of the following:
(1) Be available on an on-call or scheduled basis to respond to requests for SANE services within respective assigned regions on a twenty-four-hour, seven-day-a-week basis.
(2) Respond torequestsforserviceandarriveatthedesignatedexamination site within a reasonable time, with a goal of responding within one hour of notification for acute forensic medical examinations when possible and with consideration of geographic parameters within the region and resulting travel time required for SANE nurse response.
(3) Coordinate with hospitals, law enforcement, Louisiana sexual assault center advocates, children's advocacy centers, and other responders to ensure trauma-informed, victim-centered care.
(4) Provide services at anyappropriate location within the region including but not limited to hospital emergency departments, outpatient clinics, parish health units, Louisiana sexual assault centers, children's advocacy centers, and law enforcement facilities as agreed upon by the relevant entities.
C.
All sexual assault collection kits used in a forensic medical examination shall meet the standards developed by the department in collaboration with the Sexual Assault Response Standards Subcommittee.
§1228.6.
Reports to law enforcement A.
A licensed hospital or healthcare provider shall adhere to the following procedures if a person presents for treatment as a sexual assault survivor:
(1) The hospital shall contact its regional SANE program to request that a SANEnurseorSANEteambedispatchedtothehospitalorotherlocationtoperform a forensic medical examination in coordination with available advocacy programming.
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1247 ENROLLED (2)(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph, a survivor shall decide whether or not to report the incident to law enforcement officials.
NoSANEnurse,SANEteam,hospital,orhealthcareprovidershallrequire the survivor to report the incident to receive medical attention or collect evidence.
(b) If a person under the age of eighteen presents for treatment as a sexual assaultsurvivor,theSANEnurse,SANEteam,hospital,orhealthcareprovidershall immediately notify the appropriate law enforcement agency or any other official necessary to fulfill any mandatory reporting obligation required by law.
(c) If a survivor is physically or mentally incapable of making the decision toreport,thehospitalorhealthcareprovidershallimmediatelynotifytheappropriate law enforcement officials.
(d) If the survivor wishes to report the incident to law enforcement, the hospital, a healthcare provider, or the SANE examiner shall contact the appropriate lawenforcementagencywithjurisdictionoverthelocationwherethecrimeoccurred for the purpose of transferring the reported sexual assault collection kit to the law enforcementagency.
Ifthelocationwherethecrimeoccurredcannotbedetermined, the hospital or healthcare provider shall contact the law enforcement agency with jurisdiction over the location where the forensic medical examination is performed to determine the appropriateinvestigatingagencyfor the purpose of transferringthe reported sexual assault collection kit to the law enforcement agency.
B.(1) Anymemberofthehospitalstafforahealthcareproviderwho,ingood faith,notifies the appropriatelaw enforcementofficial pursuant to Paragraph(A)(2) of this Section is immune fromanycivil liabilitythatotherwisecouldbe incurredor imposed because of the notification.
(2) All reports made by the hospital or healthcare provider staff member shall be made through the appropriate law enforcement agency dispatch.
The hospital or healthcare provider staff member shall obtain a file number and the respondingofficer's name, and document the date,time, methodof notification, and thenameoftheofficialwhoreceivedthenotificationto ensurecompliancewith this Section.
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1247 ENROLLED §1228.7.
Examination;
advocate A.
Everysexualassaultsurvivorshallbeexaminedandtreatedbyaqualified healthcare provider, without undue delay, in a private space required to ensure the health,safety,andwelfareofthesurvivor.
Examinationandtreatment,includingthe forensic medical examination, shall be adapted as necessary to address the unique needs and circumstances of each survivor.
All survivors shall be afforded an advocatewhosecommunicationsareprivilegedinaccordancewiththeprovisionsof R.S.46:2187,ifoneisavailable.
Withtheconsentofthesurvivor,anadvocateshall remain in the examination room during the forensicmedical examination.
With the consentofthesurvivor,theexaminationandtreatmentofallsexualassaultsurvivors shall be in accordance with the Sexual Assault Survivor Bill of Rights as provided in R.S.
46:1845.
B.(1) Ifthesurvivordoesnot wish toreporttheincidenttolawenforcement, the SANE nurse or SANE team shall, upon completion of the forensic medical examination, ensure the unreported sexual assault collection kit is not identified or labeled with the survivor's identifying information and do either of the following:
(a) Contact the law enforcement agency with jurisdiction over the location wheretheforensicmedicalexaminationwasperformedtotransferpossession ofthe unreported sexual assault collection kit for storage.
The law enforcement agency shall maintain all unreported sexual assault collection kits for a period of twenty years.
(b) In ajurisdiction with acoroner-basedSANEprogramthathastheability to retain kits in accordance with evidentiary standards and proper chain of custody, contact the coroner's office to transfer possession of the unreported sexual assault collection kit for storage.
The coroner shall maintain all unreported sexual assault collection kits for a period of twenty years.
(2) No unreported sexual assault collection kit shall remain at a hospital or medicalfacilityifthehospital ormedicalfacilityisunabletostorethesexualassault collection kit in a secure location that ensures proper chain of custody.
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1247 ENROLLED enforcement agency with jurisdiction over the location where the forensic medical examination was performed shall take possession of the unreported sexual assault collectionkitwithinseventy-twohoursuponnotificationofcompletionofthesexual assault collection kit by the hospital or healthcare provider.
An unreported sexual assault collection kit shall be transferred to the law enforcement agency with jurisdiction solelyforthepurposeofsecurestorageforthedurationrequiredbylaw.
The initiation of a criminal investigation or submission of the unreported sexual assaultcollectionkittoaforensiclaboratoryisnotrequiredunlessthesurvivorelects to report the incident.
§1228.8.
Prohibition on billing for forensic medical examination A.
No hospital, healthcare provider, nor the statewide SANE coordinator shalldirectlybillasurvivorofasexuallyorientedcriminaloffenseforanyhealthcare services rendered in conducting a forensic medical examination, including the healthcare services provided for in R.S.
15:622(A)(2) and anyof the following:
(1) Forensic examiner and hospital or healthcare facility services directly related to the examination, including integral forensic supplies.
(2) Scope procedures directly related to the forensic medical examination, including but not limited to anoscopy and colposcopy.
(3) Any testing related to the sexual assault or recommended by the healthcare provider.
B.
B.Thehealthcareproviderwhoconductedtheforensicmedicalexamination and the hospital or healthcare facility where the forensic medical examination was conducted shall submit a claim for reimbursement directly to the Crime Victims' CompensationBoard,tobepaidinaccordancewiththeprovisionsofR.S.46:1822." AMENDMENT NO.
Thehealthcareproviderwhoconductedtheforensicmedicalexamination and the hospital or healthcare facility where the forensic medical examination was conducted shall submit a claim for reimbursement directly to the Crime Victims' Compensation Board, to be paid in accordancewith the provisions of R.S.
8 On page 14, at the beginning of line 3, delete "B." and insert "C." AMENDMENT NO.
46:1822.
9 On page 14, at the beginning of line 12, delete "C." and insert "D." AMENDMENT NO.
C.
10 On page 15, line 10, after "Coordination" delete the remainder of the line AMENDMENT NO.
The provisions of this Section do not apply to either of the following:
11 On page 15, line 13, after "with the"delete the remainderof the line and insert "following:" AMENDMENT NO.
(1) A healthcare provider billing for any medical services that are not specifically set forth in this Section or provided for diagnosis or treatment of the survivor for injuries related to the sexual assault.
12 On page 15, delete lines 14 through 16 in their entirety and insert the following:
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"(1) The criminalistics laboratory within the public health region that is authorized to conduct forensic DNA analysis of sexual assault collection kits regardingstatewidestandardsforkitcollection,documentation,storage,transfer,and processinginordertoensureuniformpoliciesandproceduresacrossallparticipating agencies and regions." AMENDMENT NO.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
13 On page 15, between lines 21 and 22, insert the following:
HB NO.
"(6)TheLouisianaCommission onLawEnforcementandAdministrationof Criminal Justice." Page 2 of 2 CODING:
1247 ENROLLED (2) Asurvivorofasexuallyorientedcriminal offenseseekingreparationsin accordance with the Crime Victims Reparations Act, R.S.
46:1801 et seq., for the costs of any medical services that are not specifically set forth in this Section or provided for the diagnosis or treatment of the survivor for injuries related to the sexual assault.
D.
The statewide SANE coordinator shall make available to everyhospital and healthcare provider licensed under the laws of this state a pamphlet containing an explanation of the billing process for services rendered pursuant to this Section.
Every hospital and healthcare provider shall provide a copy of the pamphlet to any person presented for treatment as a survivor of a sexuallyoriented criminal offense.
§1228.9.
Hospital and healthcare provider standards A.
The procedures provided in this Part constitute the minimum standards for the operation and maintenance of hospitals pursuant to this Part.
Failure to comply with these standards may constitute grounds for denial, suspension, or revocation of the healthcare provider's license bythe appropriate licensing board or commission.
B.
No hospital or healthcare provider shall refuse to examine or assist a survivor on the grounds that the alleged offense occurred outside of or the survivor is not a resident of the jurisdiction.
§1228.10.
Reproduction of certain records A.
Upon request of a competent adult survivor of a sexually oriented criminal offense, the healthcare provider that performed the forensic medical examination shall provide a reproduction of any written documentation resulting fromtheforensicmedicalexaminationofthesurvivorthatisinthepossessionofthe healthcare provider.
The documentation shall be provided to the survivor no later thanfourteendaysafterthehealthcareproviderreceivestherequestorthehealthcare provider completes the documentation, whichever is later.
B.
ThereproductionofwrittendocumentationdescribedinthisSectionshall bemadeavailableatnocosttothesurvivorandmayonlybereleasedatthedirection of the survivor who is a competent adult.
The release of this documentation to the Page 18 of 21 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
1247 ENROLLED survivordoesnotinvalidatethesurvivor'sreasonableexpectationofprivacynordoes it become a public record.
§1228.11.
Coordination A.
The statewide SANE coordinator and the mobile SANE nurse program within each public health region of the Louisiana Department of Health shall coordinate with the following:
(1) The criminalistics laboratory within the public health region that is authorized to conduct forensic DNA analysis of sexual assault collection kits regardingstatewidestandardsforkitcollection,documentation,storage,transfer,and processinginordertoensureuniformpoliciesandproceduresacrossallparticipating agencies and regions.
(2) The Louisiana Foundation Against Sexual Assault regarding sexual assault crisis services coordination.
(3) The Louisiana Alliance of Children's Advocacy Centers.
(4) The Louisiana Department of Children and Family Services.
(5) The Louisiana State Board of Nursing.
(6) The Louisiana Commission on Law EnforcementandAdministration of Criminal Justice.
B.
The department shall enter into memoranda of understanding or other formal agreements as appropriate with hospitals, healthcare facilities, and other entities to facilitate the provision of mobile SANE services.
C.
The department may enter into a memorandum of understanding with other state agencies in order to effectuate the provisions of this Part.
Section 3.
R.S.
44:4.1(B)(27) is hereby amended and reenacted to read as follows:
§4.1.
Exceptions * * * B.
Thelegislaturefurtherrecognizesthatthereexistexceptions,exemptions, and limitations to the laws pertaining to public records throughout the revised statutesandcodesofthisstate.Therefore,thefollowingexceptions,exemptions,and Page 19 of 21 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
1247 ENROLLED limitations are hereby continued in effect by incorporation into this Chapter by citation:
* * * (27) R.S.40:3.1,31.14,31.27,39.1,41,73,95,96,526,528,973.1,978.2.1, 1007,1061.21,1079.18,1081.10,1105.6,1105.8,1125.14,1133.8,1168.3,1171.4, 1203.4, 1231.4, 1228.10, 1379.1.1(D), 1379.3, 2009.8, 2009.14, 2010.5, 2017.9, 2018, 2018.5, 2019, 2020, 2106, 2109.1, 2138, 2175.7(B)(1), 2193.6, 2532, 2845.1 * * * Section 4.
R.S.
46:1842(introductory paragraph) and (14) are herebyamended and reenacted and R.S.
46:1842(20) and (21) are herebyenacted to read as follows:
§1.842.
Definitions In this Chapter, the following terms have the following meanings:
* * * (14) "Sexualassaultcollectionkit"hasthesamemeaningasprovidedinR.S.
15:624 meansthehumanbiologicalspecimensandassociatedevidencecollectedby a healthcare provider during a forensic medical examination for the purpose of documenting,preserving,andanalyzingevidenceof a sexual assault, and meansthe standardized sexual assault collection kit issued by the Louisiana State Police.
* * * (20) "Reported sexual assault collection kit" means a sexual assault collection kit collected from a survivor who has reported the crime to law enforcement, which indicates the survivor has requested that the case proceed as a criminal investigation and potential prosecution of the suspect.
(21) "Unreported sexual assault collection kit" means a sexual assault collection kit collected from a survivor who declines to report the crime to law enforcement at the time of the examination, which indicates the survivor has requested that no criminal investigation or prosecution be initiated, while retaining therighttoreportthecrimeandconvertthekitto areportedstatusatanytimewithin the twenty-year retention period.
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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
1247 ENROLLED Section 5.
The Louisiana State Law Institute is hereby authorized and directed to alphabetize and renumber the Paragraphs of R.S.
46:1842 so as to properly place in alphabetical order R.S.
46:1842(20) and (21) as enacted bythis Act.
Section 6.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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