Senate
Study
Bill
1154
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
ATTORNEY
GENERAL
BILL)
A
BILL
FOR
An
Act
establishing
the
sexual
assault
forensic
examiner
1
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1336DP
(8)
89
as/rh
S.F.
_____
H.F.
_____
Section
1.
Section
13.31,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8.
Administer
the
sexual
assault
forensic
3
examiner
program
established
pursuant
to
section
915.46
for
4
training,
certifying,
and
providing
technical
assistance
to
5
sexual
assault
forensic
examiners
and
sexual
assault
nurse
6
examiners.
7
Sec.
2.
NEW
SECTION
.
915.46
Sexual
assault
forensic
8
examiner
program.
9
1.
As
used
in
this
section:
10
a.
“Federally
qualified
health
center”
means
a
facility
as
11
defined
in
42
U.S.C.
§1396d(1)(2)(B)
that
provides
primary
care
12
or
sexual
health
services.
13
b.
“Medical
forensic
services”
include
but
are
not
14
limited
to,
taking
a
medical
history,
performing
photographic
15
documentation,
performing
a
physical
examination,
assessing
a
16
patient
for
evidence
collection,
collection
of
evidence
using
17
a
sexual
abuse
evidence
collection
kit,
assessing
a
patient
18
for
drug-facilitated
or
alcohol-facilitated
sexual
assault,
19
providing
an
evaluation
of
and
care
for
sexually
transmitted
20
infection
and
HIV,
pregnancy
risk
evaluation
and
care,
and
21
discharge
and
follow-up
health
care
planning.
22
c.
“Pediatric
treatment
facility”
means
a
treatment
facility
23
that
provides
treatment
relating
to
the
development,
care,
and
24
diseases
of
infants,
children,
and
adolescents
and
that
meets
25
the
accreditation
requirements
described
in
subsection
3.
26
d.
“Sexual
assault
forensic
examiner”
means
a
physician
27
licensed
pursuant
to
chapter
148
or
a
physician
assistant
28
licensed
pursuant
to
chapter
148C,
who
has
completed
a
sexual
29
assault
forensic
examiner
program
that
meets
the
sexual
30
assault
nurse
examiner
education
guidelines
established
by
the
31
international
association
of
forensic
nurses.
32
e.
“Sexual
assault
nurse
examiner”
means
a
licensed
33
practical
nurse,
a
registered
nurse,
an
advanced
registered
34
nurse
practitioner,
or
an
advanced
practice
registered
nurse,
35
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licensed
pursuant
to
chapter
152
or
152E
who
has
completed
a
1
sexual
assault
forensic
examiner
program
that
meets
the
sexual
2
assault
nurse
examiner
education
guidelines
established
by
the
3
international
association
of
forensic
nurses.
4
f.
“Sexual
assault
survivor”
means
a
person
who
seeks
5
medical
forensic
services
in
relation
to
injuries
or
trauma
6
resulting
from
a
sexual
assault.
7
g.
“Treatment
facility”
means
a
hospital,
clinic,
or
8
pediatric
treatment
facility
that
provides
medical
forensic
9
services
to
sexual
assault
survivors
who
seek
medical
forensic
10
services
for
a
sexual
assault
within
seven
days
of
a
sexual
11
assault,
or
who
have
disclosed
a
past
sexual
assault
by
a
12
specific
person.
13
2.
A
sexual
assault
forensic
examiner
program
is
14
established
within
the
department
of
justice.
The
sexual
15
assault
forensic
examiner
program
shall
maintain
a
list
of
16
sexual
assault
forensic
examiners
and
sexual
assault
nurse
17
examiners
who
have
completed
didactic
and
clinical
training
18
requirements
approved
by
the
department
of
justice
and
19
consistent
with
the
sexual
assault
forensic
examiner
education
20
guidelines
established
by
the
international
association
of
21
forensic
nurses.
22
3.
In
order
to
qualify
as
a
treatment
facility
under
23
this
section,
a
pediatric
treatment
facility
shall
meet
24
the
accreditation
standards
for
children’s
advocacy
centers
25
adopted
by
the
national
children’s
alliance
including
any
26
of
the
following
medical
provider
eligibility
or
training
27
requirements:
28
a.
Child
abuse
pediatric
sub-board
eligibility
or
29
certification.
30
b.
A
minimum
of
sixteen
hours
of
formal
didactic
training
in
31
the
medical
evaluation
of
child
sexual
abuse
for
a
physician
32
without
board
certification
or
board
eligibility
in
child
33
abuse
pediatrics,
an
advanced
practice
registered
nurse,
or
a
34
physician
assistant.
35
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c.
A
minimum
of
forty
hours
of
coursework
specific
to
1
the
medical
evaluation
of
child
sexual
abuse
followed
by
a
2
competency-based
clinical
preceptorship.
3
4.
a.
By
July
1,
2022,
the
sexual
assault
forensic
4
examiner
program
shall
develop
and
make
available
to
treatment
5
facilities
two
hours
of
online
sexual
assault
training
for
6
sexual
assault
forensic
examiners
and
sexual
assault
nurse
7
examiners.
Notwithstanding
any
other
law
regarding
ongoing
8
licensure
requirements,
such
training
shall
apply
toward
the
9
continuing
medical
education
and
continuing
nursing
education
10
credits
for
physicians,
physician
assistants,
licensed
11
practical
nurses,
registered
nurses,
advanced
registered
nurse
12
practitioners,
and
advanced
practice
registered
nurses.
13
b.
The
sexual
assault
forensic
examiner
program
shall
14
provide
didactic
and
clinical
training
opportunities
consistent
15
with
the
sexual
assault
forensic
examiner
education
guidelines
16
established
by
the
international
association
of
forensic
17
nurses,
in
collaboration
with
the
Iowa
department
of
public
18
health
and
the
Iowa
coalition
against
sexual
assault,
in
19
sufficient
numbers
and
geographical
locations
across
the
state
20
to
assist
treatment
facilities
with
training
sexual
assault
21
forensic
examiners
and
sexual
assault
nurse
examiners.
22
c.
Sexual
assault
training
provided
under
this
subsection
23
may
be
provided
in
person
or
online
and
shall
include
but
is
24
not
limited
to
information
concerning
all
of
the
following:
25
(1)
The
provision
of
medical
forensic
services.
26
(2)
The
use
of
a
sexual
abuse
evidence
collection
kit.
27
(3)
Sexual
assault
epidemiology,
the
neurobiology
of
28
trauma,
drug-facilitated
sexual
assault,
child
sexual
abuse,
29
and
Iowa
sexual
assault-related
laws.
30
(4)
The
treatment
facility’s
sexual
assault-related
31
policies
and
procedures.
32
5.
The
sexual
assault
forensic
examiner
program,
in
33
consultation
with
qualified
medical
providers,
the
Iowa
34
department
of
public
health,
and
the
Iowa
coalition
against
35
-3-
LSB
1336DP
(8)
89
as/rh
3/
8
S.F.
_____
H.F.
_____
sexual
assault,
shall
create
uniform
materials
that
all
1
treatment
facilities
and
federally
qualified
health
centers
2
are
required
to
provide
to
patients
and
non-offending
parents
3
or
legal
guardians,
if
applicable,
regarding
medical
forensic
4
examination
procedures,
laws
regarding
consent
relating
to
5
medical
forensic
services,
and
the
benefits
and
risks
of
6
evidence
collection,
including
recommended
time
frames
for
7
evidence
collection
pursuant
to
evidence-based
research.
8
These
materials
shall
be
made
available
on
the
department
9
of
justice’s
internet
site
to
all
treatment
facilities
and
10
federally
qualified
health
centers.
11
6.
The
sexual
assault
forensic
examiner
program,
in
12
consultation
with
qualified
medical
providers,
the
Iowa
13
department
of
public
health,
and
the
Iowa
coalition
against
14
sexual
assault,
shall
create
and
update
statewide
sexual
15
assault
forensic
examiner
and
sexual
assault
nurse
examiner
16
protocols,
shall
provide
technical
assistance
upon
request
17
to
health
care
professionals,
and
shall
provide
expertise
on
18
best
practices
to
health
care
professionals
relating
to
sexual
19
assault
forensic
examinations.
20
7.
Advisory
committee.
21
a.
The
department
of
justice
shall
establish
an
advisory
22
committee
to
support
the
sexual
assault
forensic
examiner
23
program
implemented
in
accordance
with
this
section.
The
24
duties
of
the
committee
shall
include
but
are
not
limited
to
25
the
following:
26
(1)
Advising
the
department
of
justice
regarding
the
27
training
programs
developed
for
the
sexual
assault
forensic
28
examiner
program.
29
(2)
Reviewing
the
implementation
and
effectiveness
of
the
30
sexual
assault
forensic
examiner
program.
31
(3)
Recommending
to
the
department
of
justice
changes
in
32
legislation
and
administrative
rules
concerning
the
sexual
33
assault
forensic
examiner
program.
34
b.
Members
of
the
advisory
committee
shall
include
staff
35
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_____
H.F.
_____
members
of
the
department
of
justice
managing
the
sexual
1
assault
forensic
examiner
program;
representatives
from
the
2
department
of
public
health
as
determined
by
the
director
to
3
be
appropriate,
the
Iowa
coalition
against
sexual
assault,
the
4
board
of
nursing,
and
other
constituencies
as
determined
by
5
the
department
of
justice
with
an
interest
in
sexual
assault
6
forensic
examinations;
and
the
hospital
medical
staff
person
7
involved
with
emergency
services
pursuant
to
section
915.82.
8
Sec.
3.
Section
915.94,
Code
2021,
is
amended
to
read
as
9
follows:
10
915.94
Victim
compensation
fund.
11
A
victim
compensation
fund
is
established
as
a
separate
fund
12
in
the
state
treasury.
Moneys
deposited
in
the
fund
shall
13
be
administered
by
the
department
and
dedicated
to
and
used
14
for
the
purposes
of
section
915.41
and
this
subchapter
.
In
15
addition,
the
department
may
use
moneys
from
the
fund
for
the
16
purpose
of
the
department’s
prosecutor-based
victim
service
17
coordination,
including
the
duties
defined
in
sections
910.3
18
and
910.6
and
this
chapter
,
to
support
the
sexual
assault
19
forensic
examiner
program
established
in
section
915.46,
for
20
the
award
of
funds
to
programs
that
provide
services
and
21
support
to
victims
of
domestic
abuse
as
provided
in
chapter
22
236
,
to
victims
of
sexual
abuse
as
provided
in
chapter
236A
,
23
to
victims
under
section
710A.2
,
for
reimbursement
to
the
24
Iowa
law
enforcement
academy
for
domestic
abuse
and
human
25
trafficking
training,
and
for
the
support
of
an
automated
26
victim
notification
system
established
in
section
915.10A
.
27
For
each
fiscal
year,
the
department
may
also
use
up
to
three
28
hundred
thousand
dollars
from
the
fund
to
provide
training
29
for
victim
service
providers,
to
provide
training
for
related
30
professionals
concerning
victim
service
programming,
and
31
to
provide
training
concerning
homicide,
domestic
assault,
32
sexual
assault,
stalking,
harassment,
and
human
trafficking
as
33
required
by
section
710A.6
.
Notwithstanding
section
8.33
,
any
34
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
not
35
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H.F.
_____
revert
to
the
general
fund
of
the
state.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
establishes
the
sexual
assault
forensic
examiner
5
program.
6
The
bill
provides
that
the
victim
assistance
program
7
established
in
the
department
of
justice
shall
administer
8
the
sexual
assault
forensic
examiner
program
established
in
9
the
bill
(Code
section
915.46)
for
training,
certifying,
and
10
providing
technical
assistance
to
sexual
assault
forensic
11
examiners
and
sexual
assault
nurse
examiners.
The
bill
12
provides
definitions
including
definitions
of
“sexual
assault
13
forensic
examiner”,
“sexual
assault
nurse
examiner”,
“treatment
14
facility”,
and
“pediatric
treatment
facility”.
15
The
bill
provides
that
a
sexual
assault
forensic
examiner
16
program
is
established
within
the
department
of
justice.
The
17
sexual
assault
forensic
examiner
program
shall
maintain
a
list
18
of
sexual
assault
forensic
examiners
and
sexual
assault
nurse
19
examiners
who
have
completed
certain
training
requirements.
20
By
July
1,
2022,
the
sexual
assault
forensic
examiner
program
21
shall
develop
and
make
available
to
treatment
facilities
two
22
hours
of
online
sexual
assault
training
for
sexual
assault
23
forensic
examiners
and
sexual
assault
nurse
examiners.
24
Notwithstanding
any
other
law
regarding
ongoing
licensure
25
requirements,
such
training
shall
apply
toward
the
continuing
26
medical
education
and
continuing
nursing
education
credits
for
27
physicians,
physician
assistants,
licensed
practical
nurses,
28
registered
nurses,
advanced
registered
nurse
practitioners,
and
29
advanced
practice
registered
nurses.
30
The
bill
provides
that
sexual
assault
forensic
examiner
31
training,
including
didactic
and
clinical
training,
may
be
32
provided
in
person
or
online
and
shall
include
but
is
not
33
limited
to
information
concerning
the
provision
of
medical
34
forensic
services;
the
use
of
a
sexual
abuse
evidence
35
-6-
LSB
1336DP
(8)
89
as/rh
6/
8
S.F.
_____
H.F.
_____
collection
kit;
sexual
assault
epidemiology,
the
neurobiology
1
of
trauma,
drug-facilitated
sexual
assault,
child
sexual
2
abuse,
and
Iowa
sexual
assault-related
laws;
and
the
treatment
3
facility’s
sexual
assault-related
policies
and
procedures.
4
The
bill
provides
that
the
sexual
assault
forensic
examiner
5
program,
in
consultation
with
qualified
medical
providers,
6
the
Iowa
department
of
public
health,
and
the
Iowa
coalition
7
against
sexual
assault,
shall
create
uniform
materials
that
all
8
treatment
facilities
and
federally
qualified
health
centers
9
are
required
to
provide
to
patients
and
non-offending
parents
10
or
legal
guardians,
if
applicable,
regarding
medical
forensic
11
examination
procedures,
laws
regarding
consent
relating
to
12
medical
forensic
services,
and
the
benefits
and
risks
of
13
evidence
collection
including
recommended
time
frames
for
14
evidence
collection
pursuant
to
evidence-based
research.
15
The
materials
shall
be
made
available
on
the
department
16
of
justice’s
internet
site
to
all
treatment
facilities
and
17
federally
qualified
health
centers.
The
sexual
assault
18
forensic
examiner
program,
in
consultation
with
qualified
19
medical
providers,
the
Iowa
department
of
public
health,
and
20
the
Iowa
coalition
against
sexual
assault,
shall
create
and
21
update
statewide
sexual
assault
forensic
examiner
and
sexual
22
assault
nurse
forensic
examiner
protocols,
shall
provide
23
technical
assistance
upon
request
to
health
care
professionals,
24
and
shall
provide
expertise
on
best
practices
to
health
care
25
professionals
relating
to
sexual
assault
forensic
examinations.
26
The
bill
provides
that
the
department
of
justice
shall
27
establish
an
advisory
committee
to
support
the
sexual
assault
28
forensic
examiner
program.
The
duties
of
the
committee
shall
29
include
but
are
not
limited
to
the
following:
advising
the
30
department
of
justice
regarding
the
training
programs
developed
31
for
the
sexual
assault
forensic
examiner
program;
reviewing
the
32
implementation
and
effectiveness
of
the
sexual
assault
forensic
33
examiner
program;
and
recommending
to
the
department
of
justice
34
changes
in
legislation
and
administrative
rules
concerning
the
35
-7-
LSB
1336DP
(8)
89
as/rh
7/
8
S.F.
_____
H.F.
_____
sexual
assault
forensic
examiner
program.
The
bill
specifies
1
the
members
of
the
advisory
committee.
2
The
bill
provides
that
the
department
may
use
moneys
from
the
3
victim
compensation
fund
to
support
the
sexual
assault
forensic
4
examiner
program.
5
-8-
LSB
1336DP
(8)
89
as/rh
8/
8