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216B.400 Emergency care -- Examination services for victims of sexual offenses -- Examination expenses paid by Crime Victims' Compensation Board -- Reporting to law enforcement -- Examination samp

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216B.400 Emergency care -- Examination services for victims of sexual offenses -- Examination expenses paid by Crime Victims' Compensation Board -- <br>Reporting to law enforcement -- Examination samples as evidence. (1) Where a person has been determined to be in need of emergency care by any person with admitting authority, no such person shall be denied admission by reason only <br>of his or her inability to pay for services to be rendered by the hospital. (2) Every hospital of this state which offers emergency services shall provide that a physician, a sexual assault nurse examiner, who shall be a registered nurse licensed <br>in the Commonwealth and credentialed by the Kentucky Board of Nursing as <br>provided under KRS 314.142, or another qualified medical professional, as defined <br>by administrative regulation promulgated by the Justice and Public Safety Cabinet <br>in consultation with the Sexual Assault Response Team Advisory Committee as <br>defined in KRS 403.707, is available on call twenty-four (24) hours each day for the <br>examinations of persons seeking treatment as victims of sexual offenses as defined <br>by KRS 510.010 to 510.140, 530.020, 530.064(1)(a), and 531.310. (3) An examination provided in accordance with this section of a victim of a sexual offense may be performed in a sexual assault examination facility as defined in <br>KRS 216B.015. An examination under this section shall apply only to an <br>examination of a victim. (4) The physician, sexual assault nurse examiner, or other qualified medical professional, acting under a statewide medical forensic protocol which shall be <br>developed by the Justice and Public Safety Cabinet in consultation with the Sexual <br>Assault Response Team Advisory Committee as defined in KRS 403.707, and <br>promulgated by the secretary of justice and public safety pursuant to KRS Chapter <br>13A shall, upon the request of any peace officer or prosecuting attorney, and with <br>the consent of the victim, or upon the request of the victim, examine such person for <br>the purposes of providing basic medical care relating to the incident and gathering <br>samples that may be used as physical evidence. This examination shall include but <br>not be limited to: <br>(a) Basic treatment and sample gathering services; and <br>(b) Laboratory tests, as appropriate. (5) Each victim shall be informed of available services for treatment of sexually transmitted infections, pregnancy, and other medical and psychiatric problems. <br>Pregnancy counseling shall not include abortion counseling or referral information. (6) Each victim shall be informed of available crisis intervention or other mental health services provided by regional rape crisis centers providing services to victims of <br>sexual assault. (7) Notwithstanding any other provision of law, a minor may consent to examination under this section. This consent is not subject to disaffirmance because of minority, <br>and consent of the parents or guardians of the minor is not required for the <br>examination. (8) (a) The examinations provided in accordance with this section shall be paid for by the Crime Victims' Compensation Board at a rate to be determined by the administrative regulation promulgated by the board after consultation with the <br>Sexual Assault Response Team Advisory Committee as defined in KRS <br>403.707. (b) Upon receipt of a completed claim form supplied by the board and itemized billing for a forensic sexual assault examination or related services within the <br>scope of practice of the respective provider, the board shall reimburse the <br>hospital or sexual assault examination facility, pharmacist, health department, <br>physician, sexual assault nurse examiner, or other qualified medical <br>professional as provided in administrative regulations promulgated by the <br>board pursuant to KRS Chapter 13A. Reimbursement shall be made to an out-<br>of-state nurse who is credentialed in the other state to provide sexual assault <br>examinations, an out-of-state hospital, or an out-of-state physician if the <br>sexual assault occurred in Kentucky. (c) Independent investigation by the Crime Victims' Compensation Board shall not be required for payment of claims under this section; however, the board <br>may require additional documentation or proof that the forensic medical <br>examination was performed. (9) No charge shall be made to the victim for sexual assault examinations by the hospital, the sexual assault examination facility, the physician, the pharmacist, the <br>health department, the sexual assault nurse examiner, other qualified medical <br>professional, the victim's insurance carrier, or the Commonwealth. (10) (a) Each victim shall have the right to determine whether a report or other notification shall be made to law enforcement, except where reporting of <br>abuse and neglect of a child, spouse, and other vulnerable adult is required, as <br>set forth in KRS 209.030, 209A.030, and 620.030. No victim shall be denied <br>an examination because the victim chooses not to file a police report, <br>cooperate with law enforcement, or otherwise participate in the criminal <br>justice system. (b) 1. All samples collected during an exam where the victim has chosen not <br>to immediately report to law enforcement shall be stored, released, and <br>destroyed, if appropriate, in accordance with an administrative <br>regulation promulgated by the Justice and Public Safety Cabinet in <br>consultation with the Sexual Assault Response Team Advisory <br>Committee as defined in KRS 403.707. 2. Facilities collecting samples pursuant to this section may provide the <br>required secure storage, sample destruction, and related activities, or <br>may enter into agreements with other agencies qualified to do so, <br>pursuant to administrative regulation. 3. All samples collected pursuant to this section shall be stored for at least <br>ninety (90) days from the date of collection in accordance with the <br>administrative regulation promulgated pursuant to this subsection. 4. Notwithstanding KRS 524.140, samples collected during exams where <br>the victim chose not to report immediately or file a report within ninety <br>(90) days after collection may be destroyed as set forth in accordance with the administrative regulation promulgated pursuant to this <br>subsection. No hospital, sexual assault examination facility, or <br>designated storage facility shall be liable for destruction of samples after <br>the required storage period has expired. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 101, sec. 1, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 250, effective June 26, 2007. -- Amended 2006 Ky. Acts <br>ch. 182, sec. 57, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 73, sec. 2, <br>effective April 6, 2004. -- Amended 2002 Ky. Acts ch. 20, sec. 1, effective July 15, <br>2002. -- Amended 2000 Ky. Acts ch. 142, sec. 6, effective July 14, 2000. -- Amended <br>1996 Ky. Acts ch. 260, sec. 1, effective July 15, 1996. -- Amended 1990 Ky. Acts <br>ch. 274, sec. 1, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 175, sec. 1, <br>effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 368, sec. 1, effective June 17, <br>1978. -- Created 1974 Ky. Acts ch. 352, sec. 1(1). Formerly codified as KRS 216.453.