SB 796 — AN ACT CONCERNING SEXUAL ASSAULT FORENSIC EXAMINERS.

General Assembly SubstituteRaised Bill No.

796 January Session, 2019 ANLCO ACTNo. CONCERNING SEXUAL ASSAULT FORENSIC EXAMINERS.

3480 Referred to Committee on PUBLIC HEALTH Introduced by:

(PH) AN ACT CONCERNING SEXUAL ASSAULT FORENSIC EXAMINERS.

(2)[(2) [thethe Chief State's Attorney, or the Chief State's Attorney's designee;

(3)] (2) the Commissioner of Public Health, or the commissioner's designee;

[(4)] (3) the director of the Office of VictimVictims Services, or the director's designee;

(7) the president of the Connecticut HospitalLCO Association,No. or the president's designee;

3480 1 of 8 Raised Bill No.796 Hospital Association, or the president's designee;

(10) [one member from LCOthe \\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00796-R01-1Connecticut ofPolice 8Chiefs SB.docxAssociation, Substituteappointed Billby No.the association;

796 the Connecticut Police Chiefs Association, appointed by the association;

(1) The certification process for individuals qualifiedLCO toNo. participate as sexual assault forensic examiners, as defined in subsection (a) of section 19a-112e, as amended by this act;

3480 2 of 8 Raised Bill No.796 qualified to participate as sexual assault forensic examiners, as defined in subsection (a) of section 19a-112e, as amended by this act;

and LCO(4) {\\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00796-2such ofother 8related R01-SB.docxrecommendations }as Substitutedetermined Billby No.the committee.

796 (4) such other related recommendations as determined by the committee.

(a) As used in this sectionsection: and sections 19a-112f and 19a-112g, as amended by this act:

(2)LCO "EmergencyNo. treatment" means any medical examination or treatment provided in a licensed health care facility to a victim of sexual assault following an alleged sexual assault.

(3)3480 "Medically3 andof factually8 accurateRaised andBill objective"No.796 (2) "Emergency treatment" means verifiedany LCOmedical {\\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00796-3examination or treatment provided in a licensed health care facility to a victim of 8sexual R01-SB.docxassault }following Substitutean Billalleged No.sexual assault.

796(3) "Medically and factually accurate and objective" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and published in peer-reviewed journals, where applicable.

(7) "Sexual assault forensic examiner" or "sexual assault nurse examiner" means a physician or physician assistant licensed pursuant to chapter 370, a registered nurse or advanced practice registered nurse licensed pursuant to chapter 378 or nurse midwife licensed pursuant to chapter 377 who has successfully completed the certification process and met all continuing education and recertification requirements implementedLCO byNo. the Chief Court Administrator pursuant to subsection (c) of section 19a-112f, as amended by this act.

(8)3480 "Sexual4 assaultof nurse8 examiner"Raised meansBill aNo.796 registeredimplemented nurseby orthe anChief advancedCourt practiceAdministrator registered nurse licensed pursuant to chaptersubsection 378(c) LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00796-4 of 8section R01-SB.docx19a-112f, }as Substituteamended Billby No.this act.

796(8) who"Health hascare successfullyfacility" completedmeans the(A) certificationa processhospital andlicensed metunder allchapter continuing368v educationthat andhas recertificationan requirementsemergency implementeddepartment, byincluding theany Chieffree-standing Courtemergency Administratordepartment, pursuantor to(B) subsectionan (c)infirmary ofoperated sectionby 19a-112f,The asUniversity amendedof byConnecticut thisat act.Storrs.

(9) "Health care facility" means (A) a hospital licensed under chapter 368v that has an emergency department, including any free-standing emergency department, or (B) an infirmary operated by The University of Connecticut at Storrs.

and (3) Providing emergency contraception to such victim of sexual assault at the facility upon the request of such victim, except that a [licensed]licensed health care facility shall not be required to provide emergency contraception to a victim of sexual assault who has been determined to be pregnant through the administration of a pregnancy test approved by the United States Food and Drug Administration.

(1) Ensure compliance at the facility with the standard of care requirements prescribed in said subsection (b), and (2) conduct at the facility a forensic exam of the sexual assault victim in accordance with the state of Connecticut Technical Guidelines for Health Care Response to Victims of Sexual Assault, published by the Commission on the Standardization of the Collection of Evidence in Sexual Assault LCOInvestigations {\\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00796-5pursuant ofto 8section R01-SB.docx19a-112a. } Substitute Bill No.

796A Investigationshealth pursuantcare tofacility sectionmay 19a-112a.LCO No.

A3480 health5 careof facility8 mayRaised Bill No.796 contract with one or more independent providers who has been certified as a sexual assault forensic examiner pursuant to the certification process implemented by the Chief Court Administrator pursuant to subsection (c) of section 19a-112f, as amended by this act.

(e) No person shall use the title "sexual assault forensic examiner" or "sexual assault nurse examiner", or any variant of such titles, without successfully completing the certification requirementsprocess imposedimplemented by the Chief Court Administrator pursuant to subsection (c) of section 19a- 112f, as amended by this act.

and (2) "Health care facility" means a facility (A) operated by an institution of higher education, (B) licensed by the Department of Public Health as an infirmary operated by an educational institution or as an outpatient clinic, and (C) accredited by the Joint Commission or the Accreditation Association for Ambulatory Health Care.] [(b)] A sexual assault forensic examiner may provide immediate care and treatment to a victim of sexual assault who is a patient in [an acute care hospital or in] a health care facility and collect evidence LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00796-6 of 8 R01-SB.docx } Substitute Bill No.

7963480 6 of 8 Raised Bill No.796 pertaining to the investigation of any sexual assault in accordance with the State of Connecticut Technical Guidelines for Health Care Response to Victims of Sexual Assault, published by the Commission on the Standardization of the Collection of Evidence in Sexual Assault Investigations pursuant to section 19a-112a.

LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00796-7 of 8 R01-SB.docx } Substitute Bill No.

7963480 The7 Office of the8 ChiefRaised CourtBill AdministratorNo. shall prescribe such policies and procedures, as deemed necessary, to implement the provisions of sections 54-201 to 54-235, inclusive, and sections 19a-112e to 19a-112g, inclusive, as amended by this act, and may formulate standards for the uniform application of the payment of compensation of claims.

796 The Office of the Chief Court Administrator shall prescribe such policies and procedures, as deemed necessary, to implement the provisions of sections 54-201 to 54-235, inclusive, and section 19a-112f, as amended by this act, and may formulate standards for the uniform application of the payment of compensation of claims.

5 July 1, 2019 54-207a Statement of LegislativePurpose: Commissioners:

InTo sectionestablish 2(a),a "andsexual sections 19a-112f and 19a-112g, as amended by this act" was inserted after "section" for accuracy and the definitions of "Sexual assault forensic examiner"examiners andprogram. "Sexual assault nurse examiner" were divided into Subdivs.

(7)[Proposed anddeletions (8)are forenclosed clarity, and in sectionbrackets. 2 (e), "process implemented" was changed to "requirements imposed" for accuracy.

PHProposed Jointadditions Favorableare Subst.indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

LCO3480 {\\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00796- 8 of 8 R01-SB.docx }