Sexual Assault Response Regulations and Policies for Hospitals

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Laws and Regulations

502 KAR 12:010 - Sexual Assault Forensic-Medical Examination Protocol, first passed 1999, amended 2011 (NOTE: timeframe for destruction of samples not consistent with 2016 law, the statute takes precedence)

2016 KRS 216b.400 (Updated in 2016) - Requires hospitals that offer emergency services to have a physician or other qualified medical professional, available on call 24 hours a day for the examination of victims of sexual offenses. Requires the examination to be performed under a statewide medical forensic protocol to include basic treatment, sample gathering and lab tests as appropriate. Payment is to be made by the Crime Victim’s Compensation Board and the victim cannot be billed for the sexual assault examination by the hospital, physician, or other qualified medical professional. Samples collected where the victim does not immediately report to law enforcement may be destroyed after 1 year elapses.

Regulation on hospital examination services (1990) - Requires development of procedures for 24-hour on-call responsibility of medical staff and gathering and handling of physical evidence in accordance with the procedures of the Kentucky State Police Central Crime Laboratory (see regulation on sexual assault forensic-medical examination protocol). 502 KAR 012.010

Law requiring hospitals to treat child sexual abuse victims, 1992

KBN law - Creates a Sexual Assault Nurse Examiner Program through administrative regulations, 1996; amended in 2002

KBN regulation on Sexual Assault Nurse Examiner Program - Standards and credential requirements

Law establishing the Crime Victim’s Compensation Fund (1982) - Fund pays for sexual assault examinations performed by hospitals

Regulations of the Kentucky Claims Commission - Establishes a payment schedule for sexual assault examinations, amended 2011.

SANE-Ready Hospital

Designation of SANE-ready hospitals - A voluntary process for hospitals, but does not eliminate a hospital’s requirement to perform a sexual assault examination