SB 87 — clarify and establish requirements related to forensic medical examinations.

26.30.1726.30.18 101st Legislative Session 87 South Dakota Legislature Senate Bill 87 SENATEENROLLED HEALTHA ANDN HUMANACT SERVICESENTITLED ENGROSSEDAn IntroducedAct by:to clarify and establish requirements related to forensic medical examinations.

SenatorB ReedE AnIT ActENACTED toBY clarifyTHE andL establishEGISLATURE requirementsOF relatedTHE toS forensicTATE medicalOF examinations.S OUTH D AKOTA :

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH DAKOTA :

The county where an alleged rape or sexual offense occurred must shall pay the cost of any forensic medical examination performed by a physician, hospital, or clinic on the victim of the alleged rape or sexual offense.

(1) PhysicianProvider,Provider, hospital, or clinic services directly related to the forensic medical examination;

(3) Scope procedures directly related to the forensic medical examination, including anoscopy and colposcopy;

(4) Laboratory testing directly related to the forensic medical examination, including drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia culture, gonorrhea coverage culture, HIV screening, hepatitis B and C screening, herpes culture, and any other sexually transmitted disease testing directly related to the examination;

(5) Any medication provided during the forensic medical examination;

and (6) Any radiology service directly related to the forensic medical examination.

Each physician,hospital hospital, and clinic conducting an that provides a forensic medical examination under § 22-22-26 shall coordinate with the county to establish a payment process by which the county shall pay for the cost of any forensic medical the examinationexamination, performed under § 22-22-26, and to notify any victim of rape or Overstrikessexual indicateoffense deletedof language.the availability of an examination at no cost to the victim.

26.30.17A 2victim 87of rape or sexual offense ofis thenot availabilityrequired ofto aparticipate forensicin medicalthe ancriminal examinationjustice atsystem noor costto cooperate with law enforcement to thebe victim.provided with a forensic medical examination.

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The amount paid to a physician, hospital, or clinic for a forensic medical exam examination performed under § 22-22-26 may not exceed the actual cost of the forensic medical examination or an amount established by the secretary ofunder thethis Departmentsection ofmust Socialbe Services,based whicheveron ismedicaid less.payment methodology.

TheA hospital or clinic may not maintain a claim against a county for any amount establishedthat byexceeds the secretaryusual, underordinary, thisand sectionreasonable shallcharge mustfor bea basedforensic onmedical Medicaidexamination, medicaideven paymentif methodology.the amount is less than the actual cost of the examination.

AIf physician,the hospital,hospital or clinic mayprovides notforensic maintainmedical aexaminations, claimor againstany aportion countyof foran anyexamination, amountto thatpersons exceedswho are medically indigent residing in the usual,county ordinary,in andwhich reasonablethe chargehospital foror aclinic forensicis medicallocated, examination,at includinga ancost evenless ifthan the amount thatprovided isfor lessin thanthis section, the actualhospital costor clinic must furnish the examination, or any applicable portion of the forensicexamination, medicalat examination.the lower cost.

If the physician, hospital, or clinic performs provides forensic medical examinations, or any portion of a forensic medical an examination, to persons who are medically indigent residing in the county in which the physician, hospital, or clinic is located, at a cost less than the amount provided for in this section, the physician, hospital, or clinic shall must furnish the forensic medical examination, or any applicable portion of the forensic medical examination, at the lower cost.

A minor age sixteen or older may consent to a forensic medical examination,examination. as defined under § 22-22-26.5.

The physician,hospital hospital, or clinic shall take reasonable steps to notify a minor's parent or guardian that an examination has taken place, unless the parent or guardian is the suspected perpetrator.

A physician,hospital hospital, or clinic may provide a forensic medical examination,examination as defined under § 22-22-26.5, without the consent of a guardian of a protected person, as those terms are defined under § 29A-5-102, to any protected person who provides informed consent.

If a patient has a guardian, the physician,hospital hospital, or clinic must make a good faith effort to notify the guardian, before the forensic medical examination, that the patient provided informed consent for the examination and the examination will take place, unless the guardian is the suspected perpetrator.

OverstrikesIf indicatethe deletedattending language.physician, physician assistant, nurse practitioner, or sexual assault nurse examiner makes a good faith determination that a patient is incapable of giving informed consent under this section, neither the physician, physician assistant, nurse practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal prosecution, civil liability, or professional discipline for failing to follow the patient's direction or for making the determination.

26.30.17SB87 ENROLLED 26.30.18 3 87 If the attending physician, physician assistant, nurse practitioner, or sexual assault nurse examiner makes a good faith determination that a patient is incapablecapable of giving informed consent under this section, neither the physician, physician assistant, nurse practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal prosecution, civil liability, or professional discipline for failingfollowing toa follow the patient's direction or for making the determination.

If the attending physician, physician assistant, nurse practitioner, or sexual assault nurse examiner makes a good faith determination that a patient is capable of giving informed consent under this section, neither the physician, physician assistant, nurse practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal prosecution, civil liability, or professional discipline for following a patient's direction or for making the determination.

For the purposes of §§ 22-22-26 to 22-22-26.4, inclusive, and sections 6 to 8, inclusive, of this Act, the term "forensic following terms mean:

(1) "Forensic medical examination," includes a medical assessment, administered in accordance with section 6 of this Act, with the following components:

(1)(a)(a) Examination of physical trauma;

(2)(b)(b) Patient interview, determination of medical history, triage, and consultation;

and (3)(c)(c) Collection and evaluation of any evidence, including any photographic documentation;

Overstrikes(2) indicate"Sexual deletedassault language.nurse examiner," a registered nurse, licensed in accordance with chapter 36-9, who has completed specialized education and clinical training in the medical forensic care of patients who have experienced sexual assault;

26.30.17 4 87 (2) "Sexual assault nurse examiner," a registered nurse, licensed in accordance with chapter 36-9, who has completed specialized education and clinical training in the medical forensic care of patients who have experienced sexual assault;

SB87 ENROLLED 26.30.18 4 87 Section 6.

Overstrikes(4) indicateAddress deletedhow language.the hospital coordinates with the sexual assault response team that provides services to the county in which the hospital is located, if applicable;

26.30.17 5 87 (4) Address how the hospital coordinates with the sexual assault response team that provides services to the county in which the hospital is located, if applicable;

SB87 ENROLLED 26.30.18 5 87 If a clinic provides forensic medical examinations, the clinic must establish and maintain policies and procedures regarding the administration of the examinations.

OverstrikesSB87 indicateENROLLED deleted26.30.18 language.6 87 An Act to clarify and establish requirements related to forensic medical examinations.

Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

87 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.