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 -1- LSB 1336DP (8) 89 as/rh 1/ 8
S.F. _____ H.F. _____ 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 -2- LSB 1336DP (8) 89 as/rh 2/ 8
S.F. _____ H.F. _____ 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 -4- LSB 1336DP (8) 89 as/rh 4/ 8
S.F. _____ 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 -5- LSB 1336DP (8) 89 as/rh 5/ 8
S.F. _____ 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