House
File
603
-
Enrolled
House
File
603
AN
ACT
ESTABLISHING
THE
SEXUAL
ASSAULT
FORENSIC
EXAMINER
PROGRAM.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
13.31,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
8.
Administer
the
sexual
assault
forensic
examiner
program
established
pursuant
to
section
915.46
for
training
and
providing
technical
assistance
to
sexual
assault
examiners
and
sexual
assault
nurse
examiners.
Sec.
2.
NEW
SECTION
.
915.46
Sexual
assault
forensic
examiner
program.
1.
As
used
in
this
section:
a.
“Federally
qualified
health
center”
means
a
facility
as
defined
in
42
U.S.C.
§1396d(1)(2)(B)
that
provides
primary
care
or
sexual
health
services.
b.
“Medical
forensic
services”
include
but
are
not
limited
to,
taking
a
medical
history,
performing
photographic
documentation,
performing
a
physical
examination,
assessing
a
patient
for
evidence
collection,
collection
of
evidence
using
a
sexual
abuse
evidence
collection
kit,
assessing
a
patient
for
drug-facilitated
or
alcohol-facilitated
sexual
assault,
providing
an
evaluation
of
and
care
for
sexually
transmitted
infection
and
HIV,
pregnancy
risk
evaluation
and
care,
and
discharge
and
follow-up
health
care
planning.
c.
“Pediatric
treatment
facility”
means
a
treatment
facility
that
provides
treatment
relating
to
the
development,
care,
and
House
File
603,
p.
2
diseases
of
infants,
children,
and
adolescents
and
that
meets
the
accreditation
requirements
described
in
subsection
3.
d.
“Sexual
assault
examiner”
means
a
medical
practitioner
who
is
trained
to
provide
services
that
include
but
are
not
limited
to
the
following:
(1)
Taking
a
medical
history.
(2)
Performing
photographic
documentation.
(3)
Performing
a
physical
examination.
(4)
Assessing
a
patient
for
evidence
collection.
(5)
Collecting
evidence
using
a
sexual
abuse
evidence
collection
kit.
(6)
Assessing
a
patient
for
drug-facilitated
or
alcohol-facilitated
sexual
assault.
(7)
Providing
an
evaluation
of
care
for
sexually
transmitted
infection
and
HIV,
pregnancy
risk
evaluation,
and
care.
(8)
Providing
discharge
follow-up
health
care
planning.
e.
“Sexual
assault
nurse
examiner”
means
a
registered
nurse,
an
advanced
registered
nurse
practitioner,
or
an
advanced
practice
registered
nurse,
licensed
pursuant
to
chapter
152
or
152E
who
has
completed
a
sexual
assault
forensic
examiner
program
that
meets
the
sexual
assault
nurse
examiner
education
guidelines
established
by
the
international
association
of
forensic
nurses.
f.
“Sexual
assault
survivor”
means
a
person
who
seeks
medical
forensic
services
in
relation
to
injuries
or
trauma
resulting
from
a
sexual
assault.
g.
“Treatment
facility”
means
a
hospital,
clinic,
or
pediatric
treatment
facility
that
provides
medical
forensic
services
to
sexual
assault
survivors
who
seek
medical
forensic
services
for
a
sexual
assault
within
seven
days
of
a
sexual
assault,
or
who
have
disclosed
a
past
sexual
assault
by
a
specific
person.
2.
A
sexual
assault
forensic
examiner
program
is
established
within
the
department
of
justice.
The
sexual
assault
forensic
examiner
program
shall
maintain
a
list
of
sexual
assault
examiners
and
sexual
assault
nurse
examiners
who
have
completed
didactic
and
clinical
training
approved
by
the
department
of
justice
and
consistent
with
the
sexual
assault
House
File
603,
p.
3
forensic
examiner
education
guidelines
established
by
the
international
association
of
forensic
nurses.
3.
In
order
to
qualify
as
a
treatment
facility
under
this
section,
a
pediatric
treatment
facility
shall
meet
the
accreditation
standards
for
children’s
advocacy
centers
adopted
by
the
national
children’s
alliance
including
any
of
the
following
medical
provider
eligibility
or
training
requirements:
a.
Child
abuse
pediatric
sub-board
eligibility
or
certification.
b.
A
minimum
of
sixteen
hours
of
formal
didactic
training
in
the
medical
evaluation
of
child
sexual
abuse
for
a
physician
without
board
certification
or
board
eligibility
in
child
abuse
pediatrics,
an
advanced
practice
registered
nurse,
or
a
physician
assistant.
c.
A
minimum
of
forty
hours
of
coursework
specific
to
the
medical
evaluation
of
child
sexual
abuse
followed
by
a
competency-based
clinical
preceptorship.
d.
A
pediatric
treatment
facility
shall
not
exclude
the
presence
of
or
interfere
with
the
activities
of
a
victim
counselor
as
defined
in
section
915.20A.
4.
a.
By
July
1,
2022,
the
sexual
assault
forensic
examiner
program
shall
develop
and
make
available
to
treatment
facilities
two
hours
of
online
sexual
assault
training
for
sexual
assault
examiners
and
sexual
assault
nurse
examiners.
Notwithstanding
any
other
law
regarding
ongoing
licensure
requirements,
such
training
shall
apply
toward
the
continuing
medical
education
and
continuing
nursing
education
credits
for
physicians,
physician
assistants,
registered
nurses,
advanced
registered
nurse
practitioners,
and
advanced
practice
registered
nurses.
b.
The
sexual
assault
forensic
examiner
program
shall
provide
didactic
and
clinical
training
opportunities
consistent
with
the
sexual
assault
forensic
examiner
education
guidelines
established
by
the
international
association
of
forensic
nurses,
in
collaboration
with
the
Iowa
department
of
public
health
and
the
Iowa
coalition
against
sexual
assault,
in
sufficient
numbers
and
geographical
locations
across
the
state
to
assist
treatment
facilities
with
training
sexual
assault
House
File
603,
p.
4
examiners
and
sexual
assault
nurse
examiners.
c.
Sexual
assault
training
provided
under
this
subsection
may
be
provided
in
person
or
online
and
shall
include
but
is
not
limited
to
information
concerning
all
of
the
following:
(1)
The
provision
of
medical
forensic
services.
(2)
The
use
of
a
sexual
abuse
evidence
collection
kit.
(3)
Sexual
assault
epidemiology,
the
neurobiology
of
trauma,
drug-facilitated
sexual
assault,
child
sexual
abuse,
and
Iowa
sexual
assault-related
laws.
(4)
The
treatment
facility’s
sexual
assault-related
policies
and
procedures.
5.
The
sexual
assault
forensic
examiner
program,
in
collaboration
with
qualified
medical
providers,
the
Iowa
department
of
public
health,
and
the
Iowa
coalition
against
sexual
assault,
shall
create
uniform
materials
that
all
treatment
facilities
and
federally
qualified
health
centers
are
required
to
provide
to
patients
and
non-offending
parents
or
legal
guardians,
if
applicable,
regarding
medical
forensic
examination
procedures,
laws
regarding
consent
relating
to
medical
forensic
services,
and
the
benefits
and
risks
of
evidence
collection,
including
recommended
time
frames
for
evidence
collection
pursuant
to
evidence-based
research.
These
materials
shall
be
made
available
on
the
department
of
justice’s
internet
site
to
all
treatment
facilities
and
federally
qualified
health
centers.
6.
The
sexual
assault
forensic
examiner
program,
in
collaboration
with
qualified
medical
providers,
the
Iowa
department
of
public
health,
and
the
Iowa
coalition
against
sexual
assault,
shall
create
and
update
statewide
sexual
assault
examiner
and
sexual
assault
nurse
examiner
protocols,
shall
provide
technical
assistance
upon
request
to
health
care
professionals,
and
shall
provide
expertise
on
best
practices
to
health
care
professionals
relating
to
sexual
assault
forensic
examinations.
7.
Advisory
committee.
a.
The
department
of
justice
shall
establish
an
advisory
committee
to
support
the
sexual
assault
forensic
examiner
program
implemented
in
accordance
with
this
section.
The
duties
of
the
committee
shall
include
but
are
not
limited
to
House
File
603,
p.
5
the
following:
(1)
Advising
the
department
of
justice
regarding
the
training
programs
developed
for
the
sexual
assault
forensic
examiner
program.
(2)
Reviewing
the
implementation
and
effectiveness
of
the
sexual
assault
forensic
examiner
program.
(3)
Recommending
to
the
department
of
justice
changes
in
legislation
and
administrative
rules
concerning
the
sexual
assault
forensic
examiner
program.
b.
Members
of
the
advisory
committee
shall
include
staff
members
of
the
department
of
justice
managing
the
sexual
assault
forensic
examiner
program;
representatives
from
the
department
of
public
health
as
determined
by
the
director
to
be
appropriate,
the
Iowa
coalition
against
sexual
assault,
the
board
of
nursing,
and
other
constituencies
as
determined
by
the
department
of
justice
with
an
interest
in
sexual
assault
forensic
examinations;
and
the
hospital
medical
staff
person
involved
with
emergency
services
pursuant
to
section
915.82.
Sec.
3.
Section
915.94,
Code
2021,
is
amended
to
read
as
follows:
915.94
Victim
compensation
fund.
A
victim
compensation
fund
is
established
as
a
separate
fund
in
the
state
treasury.
Moneys
deposited
in
the
fund
shall
be
administered
by
the
department
and
dedicated
to
and
used
for
the
purposes
of
section
915.41
and
this
subchapter
.
In
addition,
the
department
may
use
moneys
from
the
fund
for
the
purpose
of
the
department’s
prosecutor-based
victim
service
coordination,
including
the
duties
defined
in
sections
910.3
and
910.6
and
this
chapter
,
to
support
the
sexual
assault
forensic
examiner
program
established
in
section
915.46,
for
the
award
of
funds
to
programs
that
provide
services
and
support
to
victims
of
domestic
abuse
as
provided
in
chapter
236
,
to
victims
of
sexual
abuse
as
provided
in
chapter
236A
,
to
victims
under
section
710A.2
,
for
reimbursement
to
the
Iowa
law
enforcement
academy
for
domestic
abuse
and
human
trafficking
training,
and
for
the
support
of
an
automated
victim
notification
system
established
in
section
915.10A
.
For
each
fiscal
year,
the
department
may
also
use
up
to
three
hundred
thousand
dollars
from
the
fund
to
provide
training
House
File
603,
p.
6
for
victim
service
providers,
to
provide
training
for
related
professionals
concerning
victim
service
programming,
and
to
provide
training
concerning
homicide,
domestic
assault,
sexual
assault,
stalking,
harassment,
and
human
trafficking
as
required
by
section
710A.6
.
Notwithstanding
section
8.33
,
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
not
revert
to
the
general
fund
of
the
state.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
603,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor