Changes to Existing Law

22-22-26. 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. The cost of a forensic medical examination includes: (1) Physician, PhysicianProvider, hospital, or clinic services directly related to the forensic medical examination; (2) Necessary forensic supplies; (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. 20

22-22-26.2. Each physician, 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 examination performed under § 22-22-26 22-22-26, and to notify any victim of rape or sexual offense of the availability of a forensic medical an examination at no cost to the victim. A victim of rape or sexual offense is not required to participate in the criminal justice system or to cooperate with law enforcement to be provided with a forensic medical examination without cost to the victim. 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 of the Department of Social Services, whichever is less. The amount established by the secretary under this section shall must be based on Medicaid medicaid payment methodology. A physician, hospital, or clinic may not maintain a claim against a county for any amount that exceeds the usual ordinary usual, ordinary, and reasonable charge for a forensic medical examination, including an even if the amount that is less than the actual cost of the forensic medical examination. 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 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. 18

22-22-26.3. A minor age sixteen or older may consent to a forensic medical examination, as defined under § 22-22-26.5. The minor's consent is not subject to disaffirmance because of minority, and consent of a parent or guardian is not required under this section. The physician, 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. 25

22-22-26.4. A physician, hospital, or clinic may provide a forensic medical 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, or clinic must make a good faith effort to notify the guardian, before the forensic medical 31 examination, that the patient provided informed consent for the examination and the 32 examination will take place, unless the guardian is the suspected perpetrator. 33 If the attending 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. 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 purposes of this section, the term "informed consent" means consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding. 17

Forensic medical examination defined. 22-22-26.5. For the purposes of §§ 22-22-26 to 22-22-26.4, inclusive, and sections to 8, inclusive, of this Act, the term "forensic following terms mean: (1) "Forensic medical examination" includes: (1) examination," includes a medical assessment, administered in accordance with section of this Act, with the following components: (1)(a) Examination of physical trauma; (2) (2)(b) Patient interview, determination of medical history, triage, and consultation; and (3) (3)(c) Collection and evaluation of any evidence, including any photographic documentation; preservation and maintenance of the chain of custody of evidence; medical specimen collection; and any assessment of whether an alcohol-facilitated sexual assault or a drug-facilitated sexual assault occurred and any toxicology screening deemed necessary by the attending physician, physician assistant, nurse practitioner, or sexual assault nurse examiner. 31 examiner; 32 (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; and (3) "Sexual assault response team," a multidisciplinary, interagency group of law enforcement officials, health care providers, victim advocates, and representatives from state's attorney offices, who collaborate to provide a coordinated response to sexual assault and to improve health and judicial outcomes for victims. 7