HB 3434 — Creates and modifies provisions related to statewide sexual assault response

Victims under fourteen years of age shall be referred, and victims fourteen years of age or older but less than eighteen years of age may be referred, to a SAFE CARE provider, as such term is defined in section 334.950, for medical or forensic evaluation and case review.

Nothing in this section shall be interpreted to preclude a hospital from performing a forensic examination for a victim under fourteen years of age upon the request and consent of the victim or victim's guardian, subject to the provisions of section 595.220 and the rules promulgated by the department of public safety.

HCS HBs 3434, 3460 & 2628 3 2.

(1) An appropriate medical provider, as such term is defined in section 595.220, shall perform the forensic examination of a victim of a sexual offense.

The hospital shall ensure that any provider performing the examination has received training conducting such examinations that is, at a minimum, equivalent to the training offered by the statewide telehealth network under subsection 4 of section 192.2520.

Nothing in this section shall require providers to utilize the training offered by the statewide telehealth network, as long as the training utilized is, at a minimum, equivalent to the training offered by the statewide telehealth network.

(2) If the provider is not a sexual assault nurse examiner (SANE), or another similarly trained physician or nurse, then the hospital shall utilize telehealth services during the examination, such as those provided by the statewide telehealth network, to provide guidance and support through a SANE, or other similarly trained physician or nurse, who may observe the live forensic examination and who shall communicate with and support the onsite provider with the examination, forensic evidence collection, and proper transmission and storage of the examination evidence.

3.

The department of health and senior services may issue a waiver of the telehealth requirements of subsection 2 of this section if the hospital demonstrates to the department, in writing, a technological hardship in accessing telehealth services or a lack of access to adequate broadband services sufficient to access telehealth services.

Such waivers shall be granted sparingly and for no more than a year in length at a time, with the opportunity for renewal at the department's discretion.

4.

The department shall waive the requirements of this section if the statewide telehealth network established under section 192.2520 ceases operation, the director of the department of health and senior services has provided written notice to hospitals licensed under this chapter that the network has ceased operation, and the hospital cannot, in good faith, comply with the requirements of this section without assistance or resources of the statewide telehealth network.

Such waiver shall remain in effect until such time as the statewide telehealth network resumes operation or until the hospital is able to demonstrate compliance with the provisions of this section without the assistance or resources of the statewide telehealth network.

5.

The provisions of section 595.220 shall apply to:

(1) The reimbursement of the reasonable costs of the examinations and medical treatment including, but not limited to, emergency contraception;

and (2) The provision of the evidentiary collection kits.

6.

No individual hospital shall be required to comply with the provisions of this section and section 192.2520 unless and until the department provides such hospital with HCS HBs 3434, 3460 & 2628 4 access to the statewide telehealth network for the purposes of mentoring and training services required under section 192.2520 without charge to the hospital.

7.

A specialty hospital shall be considered exempt from the provisions of this section and section 192.2520 if such hospital has a policy for the transfer of a victim of a sexual offense to an appropriate hospital with an emergency department.

As used in this section, "specialty hospital" shall mean a hospital licensed under this chapter and designated by the department as something other than a general acute care hospital.

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HB 3434 2 (4) One representative of the department of health and senior services' office on women's health, to be appointed by the director of the department of health and senior services or his or her designee;

(5) Two representatives of the Missouri state highway patrol, including one member representing the Missouri highway patrol crime lab;

(8) One representative offrom the Missouri NursesState Medical Association;

(9) One representative of the Missouri Sheriffs'Nurses Association;

(10) One representative of the Missouri PoliceSheriffs' Chiefs Association;

(11) One representative of the Missouri officePolice ofChiefs prosecutionAssociation; services;

(12) One representative of athe SexualMissouri Assaultoffice Nurse Examiner (SANE) Program that serves a community with a population of oneprosecution hundredservices; thousand inhabitants or greater, to be appointed by the attorney general or his or her designee;

HCS HBs 3434, 3460 & 2628 5 (13) One representative of a Sexual Assault Nurse Examiner (SANE) Program that serves a community with a population fewerof than one hundred thousand inhabitants,inhabitants or greater, to be appointed by the attorney general or his or her designee;

(14) One representative of a Sexual Assault Nurse Examiner (SANE) Program that serves a community with a population fewer than one hundred thousand inhabitants, to be appointed by the Missouriattorney Ruralgeneral Healthor Association;his or her designee;

(15) TwoOne personsrepresentative whoof serve as victims' advocates, to be appointed by the attorneyMissouri generalRural orHealth hisAssociation; or her designee;

and (16) OneTwo personpersons who isserve aas privatevictims' citizenadvocates, who represents the interests of sexual assault victims, to be appointed by the attorney general or his or her designee.designee;

and (17) One person who is a private citizen who represents the interests of sexual assault victims, to be appointed by the attorney general or his or her designee.

HB 3434 3 (1) Identify the scope and nature of the need;

HCS HBs 3434, 3460 & 2628 6 (3) Identify gaps and barriers in response to sexual assault victims and propose corrective measures;