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Reporting Requirements Related to
Rape of Competent Adult Victims
The National Center for Prosecution of Violence Against Women
Summary of Content
Laws requiring medical personnel to report that they have treated a competent, adult rape victim can be
broken down into the following categories: (1) laws requiring medical professionals to report treatment of
a rape victim to law enforcement; (2) laws that requiring medical professionals to report particular
injuries to law enforcement; (3) laws relating to other crimes that impact rape and sexual assault victims;
and (4) laws regarding sexual assault forensic examinations. This document provides the specific language
of the statutes. HIPAA permits disclosures required by law, but mandates that the "disclosure complies
with and is limited to the relevant requirements of such law.” NDAA recommends consulting an attorney
when interpreting the relevant statutes for systemic purposes.
Scope of Compilation
This compilation focuses on the reporting requirements associated with rape or sexual assault of
competent adult victims, and it excludes reporting requirements associated with elderly victims, children,
and vulnerable adult victims of crime. Please note the legal search was conducted with relevant search
terms and may or may not have captured all related statutes. We also recommend checking both case law
and current legislation for later modifications to the statutes listed below. It was last updated June
2016.
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Laws
which
Specifically
Mandate
Reporting
of Rape
Laws which
Mandate the
Reporting of
Injuries/Crimes
that may
Include Rape
Laws
Relating
to other
Crimes
or
Injuries
which
may
Impact
Rape
Victims
Statutes
Addressing
Payment for
Forensic
Sexual
Assault
Examinations
MT
X
X
NE
X
X
NV
X
X
NH
X
X
X
NJ
X
X
NM
X
NY
X
X
NC
X
X
X
ND
X
X
X
OH
X
X
X
OK
X
OR
X
PA
X
X
X
RI
X
X
X
SC
X
X
SD
X
X
TN
X
X
X
TX
X
X
UT
X
X
X
VT
X
X
VA
X
X
WA
X
X
WV
X
X
X
WI
X
X
X
WY
X
Laws
which
Mandate
Rape
Reporting
Laws which
Mandate the
Reporting of
Injuries/Crimes
that may
Include Rape
Laws
Relating
to other
Crimes
or
Injuries
which
may
Impact
Rape
Victims
Statutes
Addressing
Payment for
Forensic
Sexual
Assault
Examinations
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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Table of Contents
Click on the state heading to go to the statutes section.
TABLE OF CONTENTS ................................................................................................................................ 3
ALABAMA .............................................................................................................................................. 12
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 12
Ala. Admin. Code r. 262-X-11-.01. Sexual Assault Examination Payment Program ............................ 12
ALASKA .................................................................................................................................................. 18
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS ...................................................................................................... 19
Alaska Stat. § 08.64.369. Health care professional to report certain injuries. ................................... 19
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 19
Alaska Stat. § 18.68.040. Sexual assault victim may not be required to pay for examination. .......... 20
ARIZONA ................................................................................................................................................ 20
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS ...................................................................................................... 20
A.R.S. § 13-3806. Duty of physician or attendant upon treating certain wounds; classification. ....... 20
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 20
A.R.S. § 13-1414. Expenses of investigation. ...................................................................................... 21
ARKANSAS ............................................................................................................................................. 21
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 21
A.C.A. § 12-12-602. Report of treatment required. ............................................................................ 21
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 22
A.C.A. § 12-12-403. Examinations and treatment – Payment. ........................................................... 22
CALIFORNIA ........................................................................................................................................... 23
LAWS MANDATING RAPE REPORTING ............................................................................................................... 23
Cal Pen Code § 11160. Injuries required to be reported; Method of reporting; Team reports; Internal
procedures. ......................................................................................................................................... 23
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS ...................................................................................................... 26
Cal Pen Code § 11160 ......................................................................................................................... 26
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 26
Penal Code §13823.95 ........................................................................................................................ 26
Penal Code §13823.11. Minimum standards for examination and treatment of sexual assault
victims; Collection and preservation of evidence. .............................................................................. 27
Govt. Code § 13956. Non-eligible persons; Eligibility of certain classes of victims; Eligibility of victims
of certain crimes. ................................................................................................................................ 30
COLORADO ............................................................................................................................................ 33
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS ...................................................................................................... 33
C.R.S. 12-36-135. Injuries to be reported – penalty for failure to report – immunity from liability. .. 33
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LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 36
CRS § 18-3-407.5. Victim evidence – forensic evidence – electronic lie detector exam without
victim’s consent prohibited. ............................................................................................................... 36
CONNECTICUT ........................................................................................................................................ 37
LAW RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................... 37
Conn. Gen. Stat. § 19a-490f. Requirements for reports of treatment of wounds from firearms. ...... 37
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 38
Conn. Gen. Stat. § 19a-112a. Commission on the Standardization of the Collection of Evidence in
Sexual Assault Investigations. Protocol. Sexual assault evidence collection kit. Preservation of
evidence. Costs. Training and sexual assault examiner programs. ..................................................... 38
DELAWARE ............................................................................................................................................. 40
LAW RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................... 40
24 Del. C. § 1762. Reports of treatment of certain wounds, injuries, poisoning, or other conditions;
failure to report; penalty. ................................................................................................................... 40
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 41
11 Del. C. 9023 [formerly 9019]. Payment for forensic medical examination for victims of sexual
offense. ............................................................................................................................................... 41
DISTRICT OF COLUMBIA ......................................................................................................................... 42
LAW RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................... 42
D.C. Code § 7-2601. Reports by physicians and institutions required. ............................................... 42
D.C. Code § 7-2602. Nature and contents of reports. ........................................................................ 42
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 43
D.C. Code § 4-506. Eligibility for compensation. ................................................................................. 43
FLORIDA ................................................................................................................................................. 44
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS ...................................................................................................... 44
Fla. Stat. § 790.24. Report of medical treatment of certain wounds; penalty for failure to report. .. 44
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 44
2A-3.002, F.A.C. Applicant and Payment Procedures. ........................................................................ 44
Fla. Stat. § 960.28................................................................................................................................ 46
GEORGIA ................................................................................................................................................ 47
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE ...................................................... 47
O.C.G.A. § 31-7-9. Reports by physicians and other personnel of nonaccidental injuries to patients;
immunity from liability........................................................................................................................ 48
LAW RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................... 48
O.C.G.A. § 25-2-32.1. Reports to Safety Fire Division of serious burn injuries. .................................. 48
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 49
O.C.G.A. § 16-6-1. Rape. ..................................................................................................................... 49
HAWAII .................................................................................................................................................. 49
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS ...................................................................................................... 50
HRS § 453-14. Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc., to report
wounds................................................................................................................................................ 50
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LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 50
HRS 351-15. Medical examination. ..................................................................................................... 50
IDAHO .................................................................................................................................................... 50
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS ...................................................................................................... 51
Idaho Code § 39-1390. Reports to law enforcement agencies of certain types of injuries. ............... 51
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 51
Idaho Code § 19-5303. Cost of medical exams to be paid by law enforcement. ................................ 51
Idaho Code § 72-1019. Compensation benefits. ................................................................................. 51
ILLINOIS ................................................................................................................................................. 54
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS ...................................................................................................... 54
20 ILCS 2630/3.2. Duty to report injuries resulting from discharge of firearm or sustained in
commission of or as victim of criminal offense. ................................................................................. 54
INDIANA ................................................................................................................................................ 54
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 54
Burns Ind. Code Ann. § 35-47-7-1. Report of injuries from gun, firearm, knife, ice pick or other sharp
or pointed instrument......................................................................................................................... 54
Burns Ind. Code Ann. § 35-47-7-3. Burn injury reports....................................................................... 55
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 56
Burns Ind. Code Ann. § 16-21-8-5 ....................................................................................................... 56
Burns Ind. Code Ann. § 5-2-6.1-39 ...................................................................................................... 56
IOWA ..................................................................................................................................................... 57
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS ...................................................................................................... 58
Iowa Code § 147.111. Report treatment of wounds and other injuries. ............................................ 58
Iowa Code § 147.112. Investigation and report by law enforcement agency. ................................... 58
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 59
Iowa Code § 915.41. Medical examination costs. ............................................................................... 59
61 IAC 9.80(915). Administration of sexual abuse examination payment. ......................................... 59
61 IAC 9.82(915). Application for sexual abuse examination payment. ............................................. 59
61 IAC 9.83(915). Computation of sexual abuse examination payments. .......................................... 59
61 IAC 9.84(915). Victim responsibility for payment. ......................................................................... 60
61 IAC 9.85(915). Sexual abuse examination – right to restitution. ................................................... 60
KANSAS .................................................................................................................................................. 61
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 61
K.S.A. § 21-6319. [Previously K.S.A. §21-4213] Unlawful failure to report a wound. ......................... 61
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 61
K.S.A. § 65-448. Qualified persons at medical care facilities to examine victims of sexual offenses,
when; remedy for refusal; costs. ........................................................................................................ 61
KENTUCKY .............................................................................................................................................. 62
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE ...................................................... 63
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KRS § 209.030. Administrative regulations – Reports of adult abuse, neglect, or exploitation –
Cabinet actions – Status and disposition reports. .............................................................................. 63
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 65
2007 Bill Text KY S.B. 40. An Act relating to the required reporting of wounds. ................................ 65
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 66
KRS § 216B.400. Emergency care – Examination services for victims of sexual offenses – Examination
expenses paid by Crime Victims’ Compensation Board – Reporting to law enforcement –
Examination samples as evidence. ..................................................................................................... 66
107 KAR 2:010. Payment schedule for sexual assault examinations. ................................................. 68
LOUISIANA ............................................................................................................................................. 70
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 70
La. R.S. § 14:403.5. Gunshot wounds; mandatory reporting. ............................................................. 70
La. R.S. § 14:403.4. Burn injuries and wounds; reports; registry; immunity; penalties. ..................... 71
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 72
La. R.S. § 40:1300.41. Procedures for victims of a sexually-oriented criminal offense; immunity;
regional plans; maximum allowable costs; definitions. ...................................................................... 72
MAINE ................................................................................................................................................... 78
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 78
17-A.M.R.S § 512. Failure to report treatment of a gunshot wound. ................................................. 78
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 79
§ 3360-M. Payment for forensic examinations for alleged victims of gross sexual assault. ............... 79
24 M.R.S. § 2986 Performing forensic examinations for alleged victims of gross sexual assault. ...... 80
5 M.R.S. § 3360-M. Payment for forensic examinations for alleged victims of gross assault. ........... 81
MARYLAND ............................................................................................................................................ 82
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 82
Md. HEALTH-GENERAL Code Ann. § 20-703. Gunshot. ....................................................................... 82
MASSACHUSETTS ................................................................................................................................... 83
LAWS MANDATING RAPE REPORTING ............................................................................................................... 83
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 83
ALM GL ch. 112, § 12A. Reports of Treatment of Certain Wounds; Exceptions; Penalty. .................. 83
MICHIGAN.............................................................................................................................................. 84
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE ...................................................... 84
MCLS § 750.411. Hospitals, pharmacies, physicians; duty to report injuries; violation as
misdemeanor; immunity; limitations.................................................................................................. 84
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 85
MCLS § 750.411 .................................................................................................................................. 85
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 85
MCLS § 18.355a. Sexual assault medical forensic examination; payment to health care provider;
conditions; definitions. ....................................................................................................................... 85
MINNESOTA ........................................................................................................................................... 88
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 88
Minn. Stat. § 626.52. Reporting Suspicious Wounds by Health Professionals. .................................. 88
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 89
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Minn. Stat. § 609.35. Costs of Medical Examination. ......................................................................... 89
MISSISSIPPI ............................................................................................................................................ 89
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 89
Miss. Code Ann. § 45-9-31. Medical personnel required to report injuries from gunshots, knifings,
and hunting or boating accidents. ...................................................................................................... 89
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 90
Miss. Code Ann. § 99-37-25. Payment by Division of Victim Compensation of costs associated with
medical forensic examination and sexual assault evidence collection kit; defendant to make
restitution to Division of Victim Compensation. ................................................................................. 90
MISSOURI .............................................................................................................................................. 91
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 91
§ 578.350 R.S.Mo. Physicians, nurses, therapists, duty to repot, content – violation, penalty
[Effective until Jan. 1, 2017] ................................................................................................................ 91
§ 578.350 R.S.Mo. Medical deception – penalty – immunity, when [Effective Jan. 1, 2017] ............. 92
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 92
§ 595.220 R.S.Mo. Forensic examinations, department of public safety to pay medical providers,
when – minor may consent to examination, when – attorney general to develop forms – collection
kits – definitions – rulemaking authority. ........................................................................................... 92
MONTANA ............................................................................................................................................. 94
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 95
37-2-302, MCA. Gunshot or stab wounds to be reported. ................................................................. 95
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 95
46-15-411, MCA. Payment for medical evidence – alleged sexual offenses. ..................................... 95
NEBRASKA ............................................................................................................................................. 96
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE ...................................................... 96
R.R.S. Neb. § 28-902. Failure to report injury of violence; physician or surgeon; emergency room or
first-aid station attendant; penalty. .................................................................................................... 96
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 96
R.R.S. Neb. § 81-2010.03. Sexual assaults; forensic medical examination; payment; forensic DNA
testing; requirements. [Effective July 21, 2016; Operative July 1, 2017]. .......................................... 96
NEVADA ................................................................................................................................................. 98
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ................................................. 98
Nev. Rev. Stat. Ann. § 629.041. Provider of health care to report persons having certain injuries. .. 98
Nev. Rev. Stat. Ann. § 629.045. Provider of health care to report persons having certain burns. ..... 98
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ........................................................ 99
Nev. Rev. Stat. Ann. § 217.310. Application for medical and psychological treatment of victim and
spouse; companionship during counseling; prerequisite to approval; certain costs of treatment for
victim of sexual assault or other eligible person to be charged to county. ........................................ 99
Nev. Rev. Stat. Ann. § 449.244. Payment of cost of initial medical care of victim; payment of costs
incurred by hospital for forensic medical examination of victim. .................................................... 100
NEW HAMPSHIRE ................................................................................................................................. 100
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE .................................................... 100
RSA § 631:6. Failure to Report Injuries. ............................................................................................ 100
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LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 101
RSA § 631:6. Failure to report Injuries. ............................................................................................. 101
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 101
RSA § 21-M:8-c. Victim of Alleged Sexual Offense............................................................................ 101
NEW JERSEY ......................................................................................................................................... 101
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 101
N.J. Stat. § 2C:58-8. Certain wounds and injuries to be reported..................................................... 101
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 103
N.J. Stat. § 52:4B-59. “Statewide Sexual Assault Nurse Examiner Program Fund.”.......................... 103
N.J. Stat. § 26:2H-12.6c. Provision of emergency care to sexual assault victim. .............................. 103
NEW MEXICO ....................................................................................................................................... 103
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 103
N.M. Stat. Ann. § 29-11-7. Free forensic medical exams for victims of sexual crimes. .................... 103
NEW YORK ........................................................................................................................................... 104
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 104
NY CLS Penal § 265.25. Certain wounds to be reported. .................................................................. 104
NY CLS Penal § 265.26. Burn injury and wounds to be reported. ..................................................... 105
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 105
NY CLS Pub Health § 2805-i. Treatment of sexual offense victims and maintenance of evidence in a
sexual offense. .................................................................................................................................. 105
NY CLS Exec § 631. Awards. .............................................................................................................. 108
NORTH CAROLINA ................................................................................................................................ 114
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS .................................................................................................... 115
N.C. Gen. Stat. § 90-21.20. Reporting by physicians and hospitals of wounds, injuries and illnesses.
.......................................................................................................................................................... 115
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 116
N.C. Gen. Stat. § 143B-1200 .............................................................................................................. 116
NORTH DAKOTA ................................................................................................................................... 118
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS .................................................................................................... 118
N.D. Cent. Code, § 43-17-41. Duty of physicians and others to report injury – Penalty. .................. 118
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 119
N.D. Cent. Code, § 54-23.4-06. Application for compensation – Awards – Limitations on awards. . 119
OHIO .................................................................................................................................................... 120
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS .................................................................................................... 121
ORC Ann. 2921.22. Failure to report a crime or knowledge of a death or burn injury. .................... 121
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 124
ORC Ann. § 2907.28. Payment of cost of medical examination and test of victim or accused. ....... 124
Ohio Admin. Code § 109:7-1-01. Sexual assault examination protocol. ........................................... 126
Ohio Admin. Code § 109:7-1-02. Sexual assault examination payment amount. ............................ 126
OKLAHOMA ......................................................................................................................................... 127
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LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 127
21 OK St. § 142.20. Sexual Assault Examination Fund – Establishment. .......................................... 127
OAC 185:15-1-1. Purpose. ................................................................................................................. 128
OAC 185:15-1-3. Application by victim. ............................................................................................ 128
OAC 185:15-1-4. Duties of the physician or qualified registered nurse............................................ 128
OAC 185:15-1-6. Insurance. .............................................................................................................. 129
O.A.C. § 185:15-1-7. Limitation of payment by the fund. ................................................................. 129
OREGON .............................................................................................................................................. 130
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 130
ORS § 146.730. Investigation. ........................................................................................................... 130
ORS § 146.740 ................................................................................................................................... 130
ORS § 146.750. Injuries to be reported to law enforcement agency. ............................................... 130
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 130
OAR 137-084-0010. Claims Processing. ............................................................................................ 130
OAR 137-084-0020. Maximum Amounts Paid for Medical Services. ................................................ 131
OAR 137-084-0030. Payment Restrictions and Disqualifications. .................................................... 132
PENNSYLVANIA .................................................................................................................................... 133
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS .................................................................................................... 133
18 Pa.C.S. § 5106. Failure to report injuries by firearm or criminal act. ........................................... 133
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 135
18 P.S. § 11.707. Awards. .................................................................................................................. 135
RHODE ISLAND ..................................................................................................................................... 139
LAWS MANDATING RAPE REPORTING ............................................................................................................. 139
R.I. Gen. Laws § 11-37-13.3. Sexual assault reports. ........................................................................ 139
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 140
R.I. Gen. Laws § 11-47-48. Report of gunshot wounds. .................................................................... 140
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 140
R.I. Gen. Laws § 23-17-26. Emergency health care. .......................................................................... 140
SOUTH CAROLINA ................................................................................................................................ 141
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 141
S.C. Code Ann. § 16-3-1072. Reporting medical treatment for gunshot wound; immunity; physician-
patient privilege abrogated; penalties. ............................................................................................. 141
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 142
S.C. Code Ann. § 16-3-1350. Medicolegal examinations for victims of criminal sexual conduct or
sexual abuse. ..................................................................................................................................... 142
SOUTH DAKOTA ................................................................................................................................... 143
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 143
S.D. Codified Law § 23-13-10. Persons treating firearm injury – Reporting requirement. ............... 143
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 143
S.D. Codified Laws § 22-22-26. Examination of victim to gather evidence – Responsibility for cost.
.......................................................................................................................................................... 143
TENNESSEE ........................................................................................................................................... 143
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LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS .................................................................................................... 143
Tenn. Code Ann. § 38-1-101. Reports to law enforcement officials of certain types of injuries –
Immunity for reporting – Exception.................................................................................................. 143
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 145
Tenn. Code Ann. § 29-13-118. Forensic medical examinations in sexual assault cases. .................. 145
TEXAS................................................................................................................................................... 146
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 146
Tex. Health & Safety Code § 161.041. Mandatory Reporting of Gunshot Wounds. ......................... 146
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 146
Tex. Code Crim. Proc. art. 56.06. Forensic Medical Examination for Sexual Assault Victim Who Has
Reported Assault; Costs. ................................................................................................................... 146
Tex. Code Crim. Proc. art. 56.065. Medical Examination for Sexual Assault Victim Who Has Not
Reported Assault; Costs. ................................................................................................................... 147
UTAH ................................................................................................................................................... 149
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 149
Utah Code Ann. § 26-23a-2. Injury reporting requirements by health care provider – Contents of
report. ............................................................................................................................................... 149
Utah Code Ann. 26-23a-3. Penalties. ................................................................................................ 150
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 150
Utah Code Ann. § 63M-7-511. Compensable losses and amounts. .................................................. 150
VERMONT ............................................................................................................................................ 151
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 151
13 V.S.A. § 4012. Reporting treatment of firearm wounds. ............................................................. 151
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 152
32 V.S.A. § 1407. Costs to be borne by the State.............................................................................. 152
VIRGINIA .............................................................................................................................................. 152
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 153
Va. Code Ann. § 54.1-2967. Physicians and others rendering medical aid to report certain wounds.
.......................................................................................................................................................... 153
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 153
Va. Code Ann. § 19.2-165.1. Payment of medical fees in certain criminal cases; reimbursement. . 153
WASHINGTON ...................................................................................................................................... 154
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS ............................................... 154
Rev. Code Wash. (ARCW) § 70.41.440. Duty to report violent injuries – Preservation of evidence –
Immunity – Privilege. ........................................................................................................................ 154
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 155
WAC § 296-30-170. Who is required to pay for sexual assault examinations? ............................... 155
WEST VIRGINIA .................................................................................................................................... 155
LAWS WHICH MADATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS .................................................................................................... 156
W. Va. Code § 61-2-27. Required reporting of gunshot and other wounds. .................................... 156
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 156
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W. Va. C.S.R. § 168-1-1. General. ...................................................................................................... 156
W. Va. C.S.R. § 168-1-3. Responsibilities of the Licensed Medical Facility. ...................................... 156
W. Va. C.S.R. § 168-1-4. Responsibilities of Law Enforcement Agencies. ......................................... 158
W. Va. Code § 61-8B-15. Forensic Medical Examination Fund; Training of sexual assault nurse
examiners. ......................................................................................................................................... 158
W. Va. Code § 61-8B-16. Payment for costs of forensic medical examination. ................................ 158
WISCONSIN .......................................................................................................................................... 159
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED TO OTHER CRIMES OR
INJURIES WHICH MAY IMPACT RAPE VICTIMS .................................................................................................... 159
Wis. Stat. § 255.40. Reporting of wounds and burn injuries. ........................................................... 159
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 160
Wis. Stat. § 949.08. Limitations on awards. ...................................................................................... 161
WYOMING ........................................................................................................................................... 162
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS ...................................................... 162
Wyo. Stat. § 6-2-309. Medical examination of victim; costs; use of report; minors; rights of victims;
reimbursement. ................................................................................................................................ 162
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ALABAMA
Summary: There is no mandatory reporting requirement. Payment for the forensic
examination shall be made regardless of whether the victim pursues prosecution.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Ala. Admin. Code r. 262-X-11-.01. Sexual Assault Examination Payment Program
Program Description: This section provides for payment of the initial forensic examination which
is performed on victims of sexual violence for the purpose of obtaining evidence to potentially
pursue criminal charges against sexual assault offenders and for the prevention and treatment'
of venereal disease. Expenses incurred for processing sexual assault evidence collection kits are
eligible. Child sexual assault examinations shall also be eligible for payment pursuant to this
section.
(1) AUTHORITY
(a) Code of Ala. 1975, § 15-23-5 (24) (1995), which provides:
1. The commission shall have all the powers and privileges of a
corporation and all of its business shall be transacted in the name of
the commission. In addition to any other powers and duties specified
elsewhere in this article, the commission shall have the power to:
Provide for the cost of medical examinations for the purpose of
gathering evidence and treatment for preventing venereal disease in
sexual abuse crimes and offenses.
2) DEFINITIONS
(a) Sexual Assault Nurse Examiner: a registered nurse who has received
specialized training or certification that qualifies him/her to conduct sexual
assault examinations for adult and child victims of sexual assault for the
purpose of gathering and preserving evidence for potential use in a criminal
prosecution. A Sexual Assault Nurse Examiner may also administer prophylaxis
against venereal disease.
(b) Sexual Assault Examination: a physical examination performed by a
registered nurse or physician in a hospital or medical clinic or a Sexual Assault
Nurse Examiner in a SANE facility on adult and child victims of sexual assault for
the purpose of gathering and preserving evidence for potential use in a criminal
prosecution and the treatment and prevention of venereal disease.
(c) Sexual Assault Nurse Examiner Fee: Fee paid for the professional services of
a Sexual Assault Nurse Examiner.
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(d) SANE Facility: A community or hospital based program that provides for the
collection and preservation of evidence in cases of sexual violence, as well as
the treatment and prevention of venereal disease in a compassionate, victim-
sensitive setting.
(e) SANE Facility Fee: Fee paid for a SANE facility's cost of providing a sexual
assault examination room which includes prorated (if the SANE facility is not
the only program housed in the building) operating and overhead costs related
to the SANE facility; administrative costs related to SANE facility; supplies for
the sexual assault examination; equipment for the sexual assault examination;
equipment maintenance; clothing for the victim; and any other expense directly
related to providing a sexual assault examination and a sexual assault
examination room. The SANE facility fee does not include any item contained in
the Sexual Assault Evidence Collection Kit which is provided free of charge by
the Alabama Department of Forensic Sciences.
(3) COLLATERAL SOURCE
(a) Any expense associated with a sexual assault examination covered or paid
by a collateral source will not be reimbursed by the Commission.
(b) Code of Ala. 1975, § 15-23-3 (13) (1995) defines collateral source as follows:
1. COLLATERAL SOURCE. Source of income, financial or other benefits
or advantages for economic loss other than the compensation paid by
the compensation commission which the claimant has received or is
entitled to receive or is readily available to the claimant, from any one
or more of the following:
(i) The offender.
(ii) The government of the United States or any agency
thereof, in the form of benefits, such as Social Security,
Medicare and Medicaid, a state or any of its political
subdivisions or an instrumentality of two or more states,
unless the law providing for the benefits or advantages makes
them excessive or secondary to benefits under this article.
(iii) Any temporary nonoccupational disability insurance.
(iv) Workers' compensation.
(v) Wage continuation programs of any employer.
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(vi) Proceeds of a contract of insurance payable to the
claimant for loss which the victim sustained because of the
criminally injurious conduct.
(vii) A contract providing prepaid hospital and other health
care services or benefits for disability.
(c) Any collateral source available for the payment of a sexual assault
examination must be utilized prior to submitting a sexual assault examination
to the Commission's Sexual Assault Examination Payment Program.
1. A hospital, medical clinic, or SANE facility should not bill the victim
of sexual violence for the sexual assault examination. Alabama
Attorney General Troy King's Protocol for the Examination and
Treatment of Victims of Sexual Assault states "victims should not be
billed for sexual assault examinations." Alabama Attorney General Troy
King's Protocol for the Examination and Treatment of Victims of Sexual
Assault, page 20.
(4) ELIGIBILITY AND PAYMENT PROCEDURES
(a) Sexual assault examinations performed on or after July 27, 1995, may be
considered for payment.
(b) Exams Performed in Hospitals and Medical Clinics
1. Sexual assault examinations performed by a registered nurse or
physician in a hospital or medical clinic for the purpose of gathering
evidence and treating and preventing venereal disease will be
considered for payment.
(i) Hospitals and medical clinics must submit the current
version of an UB form, itemized bill, and medical records.
2. Sexual assault examinations performed in a hospital or medical clinic
will be reviewed to determine the reasonableness and eligibility of the
charges.
3. If after the Commission's review of the charges, they are found to be
charged at an excessive rate and/or not rendered for the purpose of
gathering evidence and/or treating and preventing venereal disease,
the charges will be denied for payment.
4. If after the Commission's review of the charges, it is determined that
they do not comply with the Alabama Attorney General's Protocol for
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the Examination and Treatment or Victims of Sexual Assault, the
charges will be denied for payment.
5. If the charges are determined to be excessive, the hospital or
medical clinic will be contacted to negotiate the submitted expenses.
6. A facility fee shall not be paid when a sexual assault examination is
performed at a hospital, medical clinic or any facility other than a SANE
facility.
(c). Exams Performed by a Sexual Assault Nurse Examiner (SANE).
1. Each itemized bill or statement for a sexual assault examination will
be considered for payment in the order that it is received.
2. Each itemized bill or statement will be reviewed for accuracy and
any unsupported or ineligible charges will not be reimbursed.
3. The Commission will provide reimbursement for "Jane Doe" sexual
assault examinations performed on adult victims.
4. The Commission will not reimburse for "Jane Doe" sexual assault
examinations for children.
5. Each itemized bill or statement must identify the International
Classification of Diseases (ICD-9) code.
6. Each billed procedure, service or supply/medication must be
itemized.
7. Each billed procedure, service or supply/medication must include
the appropriate Physicians' Current Procedural Terminology (CPT)
code.
8. The itemization for each billed procedure, service or
supply/medication must include the charge for each line item.
9. The initial forensic examination will be considered for payment.
Only services rendered and medications provided "for the purpose of
gathering evidence and treatment for preventing venereal disease in
sexual abuse crimes and offenses" will be considered pursuant to the
Commission's Sexual Assault Examination Payment Policy.
10. Each itemized bill or statement must include a copy of the
completed Sexual Assault Information Form (AL102) that is included in
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the State of Alabama Collection Kit provided by the Alabama
Department of Forensic Sciences or equivalent documentation.
Alabama Department of Forensic Sciences provides collection kits free
of charge and payment will not be provided for the kits.
11. Signed, written confirmation from an employee of the SANE facility
that the sexual assault was reported to the Department of Human
Resources (DHR) or law enforcement must be provided in cases in
which the victim is a minor. If confirmation is not received, the sexual
assault examination will not be considered for payment.
(d) Referrals from Hospitals and Medical Clinics
1. When a hospital or medical clinic refers a victim of sexual violence
to a SANE facility, the SANE facility will be paid the Sexual Assault Nurse
Examiner Fee.
2. When a hospital or medical clinic and a SANE facility perform a
sexual assault examination for the same incident, the fee for any
procedure that is performed at both facilities will be paid to the SANE
facility. The fees for duplicate procedures performed by the hospital or
medical clinic may be considered on an original compensation claim
that must be filed by the claimant or victim.
3. The fees for any medications or procedures performed by the
hospital or medical clinic and not duplicated by the SANE facility may
be considered for payment through the Sexual Assault Examination
Payment Program.
4. The Commission will not pay a hospital or medical clinic and a SANE
facility a duplicate fee for the same incident through the Sexual Assault
Examination Payment Program.
(5) COLLECTION OF EVIDENCE WITHIN 72 HOURS
(a) If it is determined that the sexual assault took place more than 72 hours
prior to the sexual assault examination, the use of an evidence collection kit
may not be necessary. Alabama Attorney General' Alabama Protocol for the
Examination and Treatment of Victims of Sexual Assault.
1. The reasonableness of the charges for sexual assault examinations
performed after 72 hours will be determined on a case-by-case basis.
(i) The age, mental capacity, and the victim's ability to seek a
sexual assault examination within 72 hours of the assault will
be considered when making a determination regarding the
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reasonableness of a sexual assault exam performed more than
72 hours after the sexual assault.
(6) INELIGIBLE EXPENSES
(a) The following expenses are not eligible pursuant to the Commission's Sexual
Assault Examination Payment Program:
1. treatment for injuries;
2. medication for any purpose other than the treatment and
prevention of venereal disease;
3. hospital admissions.
(b) All sexual assault victims should be provided a crime victims' compensation
application. Expenses that are ineligible pursuant to the Commission's Sexual
Assault Examination Payment Program may be eligible for crime victims'
compensation benefits.
(7) FALSE REPORTS
(a) The Commission will not compensate for a sexual assault examination if it is
determined that a rape or sexual assault did not occur. Examples of false
reports include, but are not limited to, consensual sexual contact and no sexual
contact.
(8) SEXUAL ASSAULT EXAMINATIONS CONDUCTED ON ALLEGED
PERPETRATORS/OFFENDERS
(a) The Commission does not provide for the cost of sexual assault
examinations performed on alleged perpetrators/offenders.
(9) PAYMENT LIMITS FOR SEXUAL ASSAULT EXAMINATION PAYMENT PROGRAM
(a) Sexual Assault Nurse Examiner Fee: $ 300
(b) SANE Facility Fee: $ 150
(c) Medication Limitations
1. One gram azithromycin (Zithromax) or equivalent drug: $ 39.50 each
2. 500 mg ciprofloxin or equivalent drug: $ 12 each
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3. 100 mg doxycycline or equivalent drug: $ 1 each
4. 500 mg metronidazole (Flagyl) or equivalent drug: $ 5.50 each
5. Ofloxacin or equivalent drug: $ 12 each
6. 250 mg Ceftriaxone or equivalent drug: $ 90.36 each
7. Ceftriaxone drug administration fee: $ 10
8. Ovral or equivalent drug: $ 4.50 each
9. 12.5 mg promethazine (Phenergan) or equivalent drug: $ 2.50 each
10. 10 meg Recombivax or equivalent drug: $ 40 each
11. Zovia or equivalent drug: $ 10 each
(d) Procedure Limitations
1. Suspected drug facilitated screening: $ 95
2. Colposcope exam $ 50
3. UV light screening $ 20
4. Pregnancy test $ 10
5. Venipuncture $ 10
6. Microscopic sperm screening $ 32
7. 14 Fr Foley hymenal exam $ 20
8. Body forensic photography $ 20
(e) Medications and procedures not listed in this section will be examined on a
case-by-case basis for eligibility.
ALASKA
Summary: There is no rape reporting requirement. Victims of sexual assault may not be
required to pay for examinations necessary for collecting evidence or determining
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whether a sexual assault occurred. Gunshot wounds, stab wounds; certain burns and
injuries likely to cause death must be reported.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Alaska Stat. § 08.64.369. Health care professional to report certain injuries.
(a) A health care professional who initially treats or attends to a person with an injury described
in (b) of this section shall make certain that an oral report of the injury is made promptly to the
Department of Public Safety, a local law enforcement agency, or a village public safety officer.
The health care professional shall make certain that a written report of an injury described in
(b)(1) or (2) of this section is submitted to the Department of Public Safety within three working
days after the person is treated. The report shall be on a form provided by the Department of
Public Safety.
(b) The following injuries shall be reported under (a) of this section:
(1) second or third degree burns to five percent or more of a patient's body;
(2) a burn to a patient's upper respiratory tract or laryngeal edema due to the
inhalation of super-heated air;
(3) a bullet wound, powder burn, or other injury apparently caused by the discharge of
a firearm;
(4) an injury apparently caused by a knife, axe, or other sharp or pointed instrument,
unless the injury was clearly accidental; and
(5) an injury that is likely to cause the death of the patient, unless the injury was clearly
accidental.
(c) A person who, in good faith, makes a report under this section, or who participates in judicial
proceedings related to a report under this section, is immune from any civil or criminal liability
that might otherwise be incurred as a result of making such a report or participating in the
judicial proceedings.
(d) In this section, "health care professional" includes an emergency medical technician certified
under AS 18.08, health aide, physician, nurse, mobile intensive care paramedic, and physician
assistant, but does not include a practitioner of religious healing.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
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Alaska Stat. § 18.68.040. Sexual assault victim may not be required to pay for
examination.
A law enforcement agency, health care facility, or other entity may not require a victim of sexual
assault under AS 11.41.410 -- 11.41.425 who is 16 years of age or older to pay, directly or
indirectly, through health insurance or any other means, for the costs of examination of the
victim necessary for
(1) collecting evidence using the sexual assault examination kit under AS 18.68.010 or
otherwise; or
(2) determining whether a sexual assault has occurred.
ARIZONA
Summary: There is no mandatory reporting requirement specific to sexual assault.
However, there is a mandatory reporting requirement for material injuries resulting from
various illegal or unlawful acts. The county where the offense occurred is required to pay
any medical expenses arising out of the need to secure evidence that a person has been
sexually assaulted.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
A.R.S. § 13-3806. Duty of physician or attendant upon treating certain wounds;
classification.
A. A physician, surgeon, nurse or hospital attendant called upon to treat any person for gunshot
wounds, knife wounds or other material injury which may have resulted from a fight, brawl,
robbery or other illegal or unlawful act, shall immediately notify the chief of police or the city
marshal, if in an incorporated city or town, or the sheriff, or the nearest police officer, of the
circumstances, together with the name and description of the patient, the character of the
wound and other facts which may be of assistance to the police authorities in the event the
condition of the patient may be due to any illegal transaction or circumstances.
B. Any violation of the provisions of this section by a physician, surgeon, nurse or hospital
attendant, is a class 3 misdemeanor.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
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A.R.S. § 13-1414. Expenses of investigation.
Any medical or forensic interview expenses arising out of the need to secure evidence that a
person has been the victim of a dangerous crime against children as defined in section 13-705 or
a sexual assault shall be paid by the county in which the offense occurred.
ARKANSAS
Summary: Adult victims may make the decision as to whether or not a sexual assault will
be reported to law enforcement. Victims do not have to pay for a forensic examination if
the rape is reported to law enforcement and the examination is done within 72 hours
(but the time limit may be waived for good cause). No medical facility or health care
provider may require a victim to report a sexual assault in order to receive medical
treatment. Note that it is mandatory to report knife and gunshot wounds.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
A.C.A. § 12-12-602. Report of treatment required.
(a) All physicians, surgeons, hospitals, druggists, or other persons or entities that render first aid
treatment to a person shall report as provided in subsection (b) of this section if they treat or
receive in the hospital a case of a:
(1) Knife or gunshot wound when the knife or gunshot wound appears to have been
intentionally inflicted; or
(2) Burn wound that could reasonably be connected to criminal activity that is:
(A) A second or third degree burn to five percent (5%) or more of a person's
body; or
(B) A burn to a person's upper respiratory tract or laryngeal edema due to the
inhalation of super-heated air.
(b) The reporting requirements of this subchapter are satisfied if:
(1) The report is made to the county sheriff;
(2) Within a city of the first class, the report is made to the municipal law enforcement
agency; or
(3) The report is made under subdivision (a)(2) of this section to the local fire marshal,
fire chief, assistant fire chief, or an officer of the fire department having jurisdiction.
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(c) A physician, surgeon, hospital, druggist, or other person or entity required to report under
this section that, in good faith, makes a report under this section has immunity from any civil or
criminal liability that might otherwise be incurred or imposed with respect to the making of a
report under this section.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
A.C.A. § 12-12-403. Examinations and treatment – Payment.
a) All licensed emergency departments shall provide prompt, appropriate emergency medical-
legal examinations for sexual assault victims.
(b) (1) (A) All victims shall be exempted from the payment of expenses incurred as a result of
receiving a medical-legal examination provided the victim must receive the medical-legal
examination within seventy-two (72) hours of the attack.
(B) However, the seventy-two-hour time limitation may be waived if the victim is a
minor or if the Crime Victims Reparations Board finds that good cause exists for the
failure to provide the exam within the required time.
(2)
(A) This subsection does not require a victim of sexual assault to
participate in the criminal justice system or to cooperate with law
enforcement in order to be provided with a forensic medical exam or
reimbursement for charges incurred on account of a forensic medical
exam, or both.
(B) Subdivision (b)(2)(A) of this section does not preclude a report of
suspected abuse or neglect as permitted or required by the Child
Maltreatment Act, § 12-18-101 et seq.
(c)
(1) A medical facility or licensed health care provider that performs a medical-legal
examination shall submit a sexual assault reimbursement form, an itemized statement
that meets the requirements of 45 C.F.R. § 164.512(d), as it existed on January 2, 2001,
directly to the board for payment.
(2) The medical facility or licensed health care provider shall not submit any remaining
balance after reimbursement by the board to the victim.
(3) Acceptance of payment of the expenses of the medical-legal examination by the
board shall be considered payment in full and bars any legal action for collection.
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CALIFORNIA
Summary: The report of rape reporting is required. The local law enforcement agency
who requests a forensic sexual assault examination must pay for it. No costs shall be
billed to the victim when the examination is done for possible prosecution purposes. An
exception exists for domestic violence victims. A claim cannot be denied solely because a
domestic violence victim does not report the sexual assault.
LAWS MANDATING RAPE REPORTING
Cal Pen Code § 11160. Injuries required to be reported; Method of reporting; Team
reports; Internal procedures.
(a) Any health practitioner employed in a health facility, clinic, physician's office, local or state
public health department, or a clinic or other type of facility operated by a local or state public
health department who, in his or her professional capacity or within the scope of his or her
employment, provides medical services for a physical condition to a patient whom he or she
knows or reasonably suspects is a person described as follows, shall immediately make a report
in accordance with subdivision (b):
(1) Any person suffering from any wound or other physical injury inflicted by his or her
own act or inflicted by another where the injury is by means of a firearm.
(2) Any person suffering from any wound or other physical injury inflicted upon the
person where the injury is the result of assaultive or abusive conduct.
(b) Any health practitioner employed in a health facility, clinic, physician's office, local or state
public health department, or a clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described in subdivision (a) to a local
law enforcement agency as follows:
(1) A report by telephone shall be made immediately or as soon as practically possible.
(2) A written report shall be prepared on the standard form developed in compliance
with paragraph (4) of this subdivision, and Section 11160.2, and adopted by the Office of
Emergency Services, or on a form developed and adopted by another state agency that
otherwise fulfills the requirements of the standard form. The completed form shall be
sent to a local law enforcement agency within two working days of receiving the
information regarding the person.
(3) A local law enforcement agency shall be notified and a written report shall be
prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered
the wound, other injury, or assaultive or abusive conduct has expired, regardless of
whether or not the wound, other injury, or assaultive or abusive conduct was a factor
contributing to the death, and even if the evidence of the conduct of the perpetrator of
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the wound, other injury, or assaultive or abusive conduct was discovered during an
autopsy.
(4) The report shall include, but shall not be limited to, the following:
(A) The name of the injured person, if known.
(B) The injured person's whereabouts.
(C) The character and extent of the person's injuries.
(D) The identity of any person the injured person alleges inflicted the wound,
other injury, or assaultive or abusive conduct upon the injured person.
(c) For the purposes of this section, "injury" shall not include any psychological or physical
condition brought about solely through the voluntary administration of a narcotic or restricted
dangerous drug.
(d) For the purposes of this section, "assaultive or abusive conduct" shall include any of the
following offenses:
(1) Murder, in violation of Section 187.
(2) Manslaughter, in violation of Section 192 or 192.5.
(3) Mayhem, in violation of Section 203.
(4) Aggravated mayhem, in violation of Section 205.
(5) Torture, in violation of Section 206.
(6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in
violation of Section 220.
(7) Administering controlled substances or anesthetic to aid in commission of a felony,
in violation of Section 222.
(8) Battery, in violation of Section 242.
(9) Sexual battery, in violation of Section 243.4.
(10) Incest, in violation of Section 285.
(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or
disfigure, in violation of Section 244.
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(12) Assault with a stun gun or taser, in violation of Section 244.5.
(13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by
means likely to produce great bodily injury, in violation of Section 245.
(14) Rape, in violation of Section 261.
(15) Spousal rape, in violation of Section 262.
(16) Procuring any female to have sex with another man, in violation of Section 266,
266a, 266b, or 266c.
(17) Child abuse or endangerment, in violation of Section 273a or 273d.
(18) Abuse of spouse or cohabitant, in violation of Section 273.5.
(19) Sodomy, in violation of Section 286.
(20) Lewd and lascivious acts with a child, in violation of Section 288.
(21) Oral copulation, in violation of Section 288a.
(22) Sexual penetration, in violation of Section 289.
(23) Elder abuse, in violation of Section 368.
(24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.
(e) When two or more persons who are required to report are present and jointly have
knowledge of a known or suspected instance of violence that is required to be reported
pursuant to this section, and when there is an agreement among these persons to report as a
team, the team may select by mutual agreement a member of the team to make a report by
telephone and a single written report, as required by subdivision (b). The written report shall be
signed by the selected member of the reporting team. Any member who has knowledge that the
member designated to report has failed to do so shall thereafter make the report.
(f) The reporting duties under this section are individual, except as provided in subdivision (e).
(g) No supervisor or administrator shall impede or inhibit the reporting duties required under
this section and no person making a report pursuant to this section shall be subject to any
sanction for making the report. However, internal procedures to facilitate reporting and apprise
supervisors and administrators of reports may be established, except that these procedures shall
not be inconsistent with this article. The internal procedures shall not require any employee
required to make a report under this article to disclose his or her identity to the employer.
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(h) For the purposes of this section, it is the Legislature's intent to avoid duplication of
information.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Cal Pen Code § 11160
[See Above]
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Penal Code §13823.95
(a) The Office of Emergency Services with the assistance of the advisory committee established
pursuant to Section 13836, shall establish a protocol for the examination and treatment of
victims of sexual assault and attempted sexual assault, including child molestation, and the
collection and preservation of evidence therefrom. The protocol shall contain recommended
methods for meeting the standards specified in Section 13823.11.
(b) In addition to the protocol, the Office of Emergency Services shall develop informational
guidelines, containing general reference information on evidence collection and examination of
victims of, and psychological and medical treatment for victims of, sexual assault and attempted
sexual assault, including child molestation.
In developing the protocol and the informational guidelines, the Office of Emergency
Services and the advisory committee shall seek the assistance and guidance of
organizations assisting victims of sexual assault; qualified health care professionals,
criminalists, and administrators who are familiar with emergency room procedures;
victims of sexual assault; and law enforcement officials.
(c) The Office of Emergency Services, in cooperation with the State Department of Public Health
and the Department of Justice, shall adopt a standard and a complete form or forms for the
recording of medical and physical evidence data disclosed by a victim of sexual assault or
attempted sexual assault, including child molestation.
Each qualified health care professional who conducts an examination for evidence of a
sexual assault or an attempted sexual assault, including child molestation, shall use the
standard form or forms adopted pursuant to this section, and shall make those
observations and perform those tests as may be required for recording of the data
required by the form. The forms shall be subject to the same principles of confidentiality
applicable to other medical records.
The Office of Emergency Services shall make copies of the standard form or forms
available to every public or private general acute care hospital, as requested.
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The standard form shall be used to satisfy the reporting requirements specified in
Sections 11160 and 11161 in cases of sexual assault, and may be used in lieu of the form
specified in Section 11168 for reports of child abuse.
(d) The Office of Emergency Services shall distribute copies of the protocol and the
informational guidelines to every general acute care hospital, law enforcement agency, and
prosecutor's office in the state.
(e) As used in this chapter, "qualified health care professional" means a physician and surgeon
currently licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the
Business and Professions Code, or a nurse currently licensed pursuant to Chapter 6 (commencing
with Section 2700) of Division 2 of the Business and Professions Code and working in
consultation with a physician and surgeon who conducts examinations or provides treatment as
described in Section 13823.9 in a general acute care hospital or in a physician and surgeon's
office.
Penal Code §13823.11. Minimum standards for examination and treatment of sexual
assault victims; Collection and preservation of evidence.
The minimum standards for the examination and treatment of victims of sexual assault or
attempted sexual assault, including child molestation and the collection and preservation of
evidence therefrom include all of the following:
(a) Law enforcement authorities shall be notified.
(b) In conducting the physical examination, the outline indicated in the form adopted
pursuant to subdivision (c) of Section 13823.5 shall be followed.
(c) Consent for a physical examination, treatment, and collection of evidence shall be
obtained.
(1) Consent to an examination for evidence of sexual assault shall be obtained
prior to the examination of a victim of sexual assault and shall include separate
written documentation of consent to each of the following:
(A) Examination for the presence of injuries sustained as a result of the
assault.
(B) Examination for evidence of sexual assault and collection of
physical evidence.
(C) Photographs of injuries.
(2) Consent to treatment shall be obtained in accordance with usual hospital
policy.
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(3) A victim of sexual assault shall be informed that he or she may refuse to
consent to an examination for evidence of sexual assault, including the
collection of physical evidence, but that a refusal is not a ground for denial of
treatment of injuries and for possible pregnancy and sexually transmitted
diseases, if the person wishes to obtain treatment and consents thereto.
(4) Pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division
11 of the Family Code, a minor may consent to hospital, medical, and surgical
care related to a sexual assault without the consent of a parent or guardian.
(5) In cases of known or suspected child abuse, the consent of the parents or
legal guardian is not required. In the case of suspected child abuse and
nonconsenting parents, the consent of the local agency providing child
protective services or the local law enforcement agency shall be obtained. Local
procedures regarding obtaining consent for the examination and treatment of,
and the collection of evidence from, children from child protective authorities
shall be followed.
(d) A history of sexual assault shall be taken.
The history obtained in conjunction with the examination for evidence of sexual assault shall
follow the outline of the form established pursuant to subdivision (c) of Section 13823.5 and
shall include all of the following:
(1) A history of the circumstances of the assault.
(2) For a child, any previous history of child sexual abuse and an explanation of injuries,
if different from that given by parent or person accompanying the child.
(3) Physical injuries reported.
(4) Sexual acts reported, whether or not ejaculation is suspected, and whether or not a
condom or lubricant was used.
(5) Record of relevant medical history.
(e)
(1) If indicated by the history of contact, a female victim of sexual
assault shall be provided with the option of postcoital contraception by
a physician or other health care provider.
(2) Postcoital contraception shall be dispensed by a physician or other
health care provider upon the request of the victim.
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(f) Each adult and minor victim of sexual assault who consents to a medical
examination for collection of evidentiary material shall have a physical
examination which includes, but is not limited to, all of the following:
(1) Inspection of the clothing, body, and external genitalia for injuries
and foreign materials.
(2) Examination of the mouth, vagina, cervix, penis, anus, and rectum,
as indicated.
(3) Documentation of injuries and evidence collected.
Prepubertal children shall not have internal vaginal or anal
examinations unless absolutely necessary. This does not
preclude careful collection of evidence using a swab.
(g) The collection of physical evidence shall conform to the following
procedures:
(1) Each victim of sexual assault who consents to an examination for
collection of evidence shall have the following items of evidence
collected, except where he or she specifically objects:
(A) Clothing worn during the assault.
(B) Foreign materials revealed by an examination of the
clothing, body, external genitalia, and pubic hair combings.
(C) Swabs and slides from the mouth, vagina, rectum, and
penis, as indicated, to determine the presence or absence of
sperm and sperm motility, and for genetic marker typing.
(D) If indicated by the history of contact, the victim's urine and
blood sample, for toxicology purposes, to determine if drugs or
alcohol were used in connection with the assault. Toxicology
results obtained pursuant to this paragraph shall not be
admissible in any criminal or civil action or proceeding against
any victim who consents to the collection of physical evidence
pursuant to this paragraph. Except for purposes of prosecuting
or defending the crime or crimes necessitating the
examination specified by this section, any toxicology results
obtained pursuant to this paragraph shall be kept confidential,
may not be further disclosed, and shall not be required to be
disclosed by the victim for any purpose not specified in this
paragraph. The victim shall specifically be informed of the
immunity and confidentiality safeguards provided herein.
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(2) Each victim of sexual assault who consents to an examination for
the collection of evidence shall have reference specimens taken, except
when he or she specifically objects thereto. A reference specimen is a
standard from which to obtain baseline information (for example:
pubic and head hair, blood, and saliva for genetic marker typing). These
specimens shall be taken in accordance with the standards of the local
criminalistics laboratory.
(3) A baseline gonorrhea culture, and syphilis serology, shall be taken,
if indicated by the history of contact. Specimens for a pregnancy test
shall be taken, if indicated by the history of contact.
(4)
(A) If indicated by the history of contact, a female victim of
sexual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.
(B) Postcoital contraception shall be dispensed by a physician
or other health care provider upon the request of the victim.
(h) Preservation and disposition of physical evidence shall conform to the
following procedures:
(1) All swabs and slides shall be air-dried prior to packaging.
(2) All items of evidence including laboratory specimens shall be clearly
labeled as to the identity of the source and the identity of the person
collecting them.
(3) The evidence shall have a form attached which documents its chain
of custody and shall be properly sealed.
(4) The evidence shall be turned over to the proper law enforcement
agency.
Govt. Code § 13956. Non-eligible persons; Eligibility of certain classes of victims;
Eligibility of victims of certain crimes.
Notwithstanding Section 13955, a person shall not be eligible for compensation under the
following conditions:
An application may be denied, in whole or in part, if the board finds that denial is
appropriate because of the nature of the victim's or other applicant's involvement in the
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events leading to the crime, or the involvement of the person whose injury or death gives
rise to the application.
o Factors that may be considered in determining whether the victim or derivative
victim was involved in the events leading to the qualifying crime include, but are not
limited to:
The victim or derivative victim initiated the qualifying crime, or provoked or
aggravated the suspect into initiating the qualifying crime.
The qualifying crime was a reasonably foreseeable consequence of the
conduct of the victim or derivative victim.
The victim or derivative victim was committing a crime that could be
charged as a felony and reasonably lead to him or her being victimized.
However, committing a crime shall not be considered involvement if the
victim's injury or death occurred as a direct result of a crime committed in
violation of Section 261, 262, or 273.5 of, or for a crime of unlawful sexual
intercourse with a minor in violation of subdivision (d) of Section 261.5 of,
the Penal Code.
o If the victim is determined to have been involved in the events leading to the
qualifying crime, factors that may be considered to mitigate or overcome
involvement include, but are not limited to:
The victim's injuries were significantly more serious than reasonably could
have been expected based on the victim's level of involvement.
A third party interfered in a manner not reasonably foreseeable by the
victim or derivative victim.
The board shall consider the victim's age, physical condition, and
psychological state, as well as any compelling health and safety concerns, in
determining whether the application should be denied pursuant to this
section. The application of a derivative victim of domestic violence under
18 years of age or derivative victim of trafficking under 18 years of age shall
not be denied on the basis of the denial of the victim's application under
this subdivision.
o (b)
An application shall be denied if the board finds that the victim or, if compensation is sought
by, or on behalf of, a derivative victim, either the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the apprehension and conviction of
a criminal committing the crime. In determining whether cooperation has been reasonable,
the board shall consider the victim's or derivative victim's age, physical condition, and
psychological state, cultural or linguistic barriers, any compelling health and safety concerns,
including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize
the well-being of the victim or the victim's family or the derivative victim or the derivative
victim's family, and giving due consideration to the degree of cooperation of which the
victim or derivative victim is capable in light of the presence of any of these factors. A victim
of domestic violence shall not be determined to have failed to cooperate based on his or her
conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not
be found solely because a victim of sexual assault, domestic violence, or human trafficking
delayed reporting the qualifying crime.
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An application for a claim based on domestic violence shall not be denied solely because a
police report was not made by the victim. The board shall adopt guidelines that allow the
board to consider and approve applications for assistance based on domestic violence
relying upon evidence other than a police report to establish that a domestic violence crime
has occurred. Factors evidencing that a domestic violence crime has occurred may include,
but are not limited to, medical records documenting injuries consistent with allegations of
domestic violence, mental health records, or that the victim has obtained a permanent
restraining order.
An application for a claim based on a sexual assault shall not be denied solely because a
police report was not made by the victim. The board shall adopt guidelines that allow it to
consider and approve applications for assistance based on a sexual assault relying upon
evidence other than a police report to establish that a sexual assault crime has occurred.
Factors evidencing that a sexual assault crime has occurred may include, but are not limited
to, medical records documenting injuries consistent with allegations of sexual assault,
mental health records, or that the victim received a sexual assault examination.
An application for a claim based on human trafficking as defined in Section 236.1 of the
Penal Code shall not be denied solely because no police report was made by the victim. The
board shall adopt guidelines that allow the board to consider and approve applications for
assistance based on human trafficking relying upon evidence other than a police report to
establish that a human trafficking crime as defined in Section 236.1 of the Penal Code has
occurred. That evidence may include any reliable corroborating information approved by the
board, including, but not limited to, the following:
o A Law Enforcement Agency Endorsement issued pursuant to Section 236.2 of the
Penal Code.
o A human trafficking caseworker, as identified in Section 1038.2 of the Evidence
Code, has attested by affidavit that the individual was a victim of human trafficking.
(5)
An application for a claim by a military personnel victim based on a sexual assault by another
military personnel shall not be denied solely because it was not reported to a superior
officer or law enforcement at the time of the crime.
Factors that the board shall consider for purposes of determining if a claim qualifies for
compensation include, but are not limited to, the evidence of the following:
o Restricted or unrestricted reports to a military victim advocate, sexual assault
response coordinator, chaplain, attorney, or other military personnel.
o Medical or physical evidence consistent with sexual assault.
o A written or oral report from military law enforcement or a civilian law enforcement
agency concluding that a sexual assault crime was committed against the victim.
o A letter or other written statement from a sexual assault counselor, as defined in
Section 1035.2 of the Evidence Code, licensed therapist, or mental health counselor,
stating that the victim is seeking services related to the allegation of sexual assault.
o A credible witness to whom the victim disclosed the details that a sexual assault
crime occurred.
o A restraining order from a military or civilian court against the perpetrator of the
sexual assault.
o Other behavior by the victim consistent with sexual assault.
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For purposes of this subdivision, the sexual assault at issue shall have occurred during
military service, including deployment.
For purposes of this subdivision, the sexual assault may have been committed off base.
For purposes of this subdivision, a "perpetrator" means an individual who is any of the
following at the time of the sexual assault:
o An active duty military personnel from the United States Army, Navy, Marine Corps,
Air Force, or Coast Guard.
o A civilian employee of any military branch specified in clause (i), military base, or
military deployment.
o A contractor or agent of a private military or private security company.
o A member of the California National Guard.
For purposes of this subdivision, "sexual assault" means an offense included in Section 261,
262, 264.1, 286, 288a, or 289 of the Penal Code, as of the date the act that added this
paragraph was enacted.
o (c)
Notwithstanding Section 13955, no person who is convicted of a violent
felony listed in subdivision (c) of Section 667.5 of the Penal Code may be
granted compensation until that person has been discharged from
probation or has been released from a correctional institution and has been
discharged from parole, or has been discharged from postrelease
community supervision or mandatory supervision, if any, for that violent
crime. In no case shall compensation be granted to an applicant pursuant
to this chapter during any period of time the applicant is held in a
correctional institution, or while an applicant is required to register as a sex
offender pursuant to Section 290 of the Penal Code.
A person who has been convicted of a violent felony listed in subdivision (c)
of Section 667.5 of the Penal Code may apply for compensation pursuant to
this chapter at any time, but the award of that compensation may not be
considered until the applicant meets the requirements for compensation
set forth in paragraph (1).
COLORADO
Summary: Colorado has no mandatory reporting requirements specific to sexual assault,
but every licensee has a duty to report "any other injury that the licensee has reason to
believe involves a criminal act, including injuries resulting from domestic violence." Any
direct cost associated with the collection of forensic evidence from the victim shall be
paid by the referring or requesting law enforcement agency.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
C.R.S. 12-36-135. Injuries to be reported – penalty for failure to report – immunity
from liability.
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(1) (a) (I) Every licensee who attends or treats any of the following injuries shall report the injury
at once to the police of the city, town, or city and county or the sheriff of the county in which the
licensee is located:
(A) A bullet wound, a gunshot wound, a powder burn, or any other injury arising from
the discharge of a firearm, or an injury caused by a knife, an ice pick, or any other sharp
or pointed instrument that the licensee believes to have been intentionally inflicted
upon a person;
(B) An injury arising from a dog bite that the licensee believes was inflicted upon a
person by a dangerous dog, as defined in section 18-9-204.5 (2) (b), C.R.S.; or
(C) Any other injury that the licensee has reason to believe involves a criminal act,
including injuries resulting from domestic violence.
(II) Any licensee who fails to make a report as required by this section commits
a class 2 petty offense, as defined by section 18-1.3-503, C.R.S., and, upon
conviction thereof, shall be punished by a fine of not more than three hundred
dollars, or by imprisonment in the county jail for not more than ninety days, or
by both such fine and imprisonment.
(b) (I) When a licensee or nurse performs a medical forensic
examination that includes the collection of evidence at the request of a
victim of sexual assault, the licensee's or nurse's employing medical
facility shall, with the consent of the victim of the sexual assault, make
one of the following reports to law enforcement:
(A) A law enforcement report if a victim wishes to obtain a
medical forensic examination with evidence collection and at
the time of the medical forensic examination chooses to
participate in the criminal justice system;
(B) A medical report if a victim wishes to obtain a medical
forensic examination with evidence collection but at the time
of the medical forensic examination chooses not to participate
in the criminal justice system. The licensee or nurse shall
collect such evidence and victim identifying information, and
the employing medical facility shall release the evidence and
information to law enforcement for testing in accordance with
section 24-33.5-113 (1) (b) (III), C.R.S., and storage in
accordance with section 18-3-407.5 (3) (c), C.R.S.
(C) An anonymous report if a victim wishes to obtain a medical
forensic examination with evidence collection but at the time
of the medical forensic examination chooses not to have
personal identifying information provided to law enforcement
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or to participate in the criminal justice system. The licensee or
nurse shall collect such evidence, and the employing medical
facility shall release it to law enforcement for storage in
accordance with section 18-3-407.5 (3) (c), C.R.S. Law
enforcement shall receive no identifying information for the
victim. Law enforcement shall assign a unique identifying
number to the evidence, and the licensee or nurse shall record
the identifying number in the medical record and notify the
victim that the identifying number is recorded. Additionally,
the licensee or nurse shall provide the identifying number to
the victim.
(II) Nothing in this section:
(A) Prohibits a victim from anonymously speaking to law enforcement
about the victim's rights or options prior to determining whether to
consent to a report described in this paragraph (b); or
(B) Requires a licensee, nurse, or medical facility to make a report to
law enforcement concerning an alleged sexual assault if medical
forensic evidence is not collected.
(III) If the licensee's employing medical facility knows where the alleged sexual
assault occurred, the facility shall make the report with the law enforcement
agency in whose jurisdiction the crime occurred regarding preservation of the
evidence. If the medical facility does not know where the alleged sexual assault
occurred, the facility shall make the report with its local law enforcement
agency regarding preservation of the evidence.
(IV) In addition to the report required by subparagraph (I) of this paragraph (b)
to be filed by the employing medical facility, a licensee who attends or treats
any of the injuries described in sub-subparagraph (A) of subparagraph (I) of
paragraph (a) of this subsection (1) of a victim of a sexual assault shall also
report the injury to the police or sheriff as required by paragraph (a) of this
subsection (1).
(1.5) As used in subsection (1) of this section, unless the context otherwise requires:
(a) "Domestic violence" means an act of violence upon a person with whom the actor is
or has been involved in an intimate relationship. Domestic violence also includes any
other crime against a person or any municipal ordinance violation against a person
when used as a method of coercion, control, punishment, intimidation, or revenge
directed against a person with whom the actor is or has been involved in an intimate
relationship.
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(b) "Intimate relationship" means a relationship between spouses, former spouses, past
or present unmarried couples, or persons who are both the parents of the same child
regardless of whether the persons have been married or have lived together at any
time.
(2) Any licensee who, in good faith, makes a report pursuant to subsection (1) of this section
shall have immunity from any liability, civil or criminal, that might otherwise be incurred or
imposed with respect to the making of such report, and shall have the same immunity with
respect to participation in any judicial proceeding resulting from such report.
(3) Any licensee who makes a report pursuant to subsection (1) of this section shall not be
subject to the physician-patient relationship described in section 13-90-107 (1) (d), C.R.S., as to
the medical examination and diagnosis. Such licensee may be examined as a witness, but not as
to any statements made by the patient that are the subject matter of section 13-90-107 (1) (d),
C.R.S.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
CRS § 18-3-407.5. Victim evidence – forensic evidence – electronic lie detector exam
without victim’s consent prohibited.
(1) A law enforcement agency with jurisdiction over a sexual assault must pay for any direct cost
associated with the collection of forensic evidence from a victim who reports the assault to the
law enforcement agency.
(2) A law enforcement agency, prosecuting officer, or other government official may not ask or
require a victim of a sexual offense to submit to a polygraph examination or any form of a
mechanical or electrical lie detector examination as a condition for proceeding with any criminal
investigation or prosecution of an offense. A law enforcement agency shall conduct the
examination only with the victim's written informed consent. Consent shall not be considered
informed unless the law enforcement agency informs the victim in writing of the victim's right to
refuse to submit to the examination. In addition, the law enforcement agency shall orally
provide to the victim information about the potential uses of the results of the examination.
(3) (a) A law enforcement agency, prosecuting officer, or other government official may not ask
or require a victim of a sexual offense to participate in the criminal justice system process or
cooperate with the law enforcement agency, prosecuting officer, or other government official as
a condition of receiving a forensic medical examination that includes the collection of evidence.
(b) A victim of a sexual offense shall not bear the cost of a forensic medical examination
that includes the collection of evidence that is used for the purpose of evidence
collection even if the victim does not want to participate in the criminal justice system
or otherwise cooperate with the law enforcement agency, prosecuting officer, or other
government official. The division of criminal justice in the department of public safety
shall pay the cost of the examination.
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(c) When personnel at a medical facility perform a medical forensic examination that
includes the collection of evidence based on the request of a victim of a sexual offense
and the medical facility performing the examination knows where the crime occurred,
the facility shall contact the law enforcement agency in whose jurisdiction the crime
occurred regarding preservation of the evidence. If the medical facility does not know
where the crime occurred, the facility shall contact its local law enforcement agency
regarding preservation of the evidence. Notwithstanding any other statutory
requirements regarding storage of biological evidence, the law enforcement agency
contacted by the medical facility shall retrieve the evidence from the facility and store it
for at least two years.
(d) A law enforcement agency shall not submit medical forensic evidence associated
with an anonymous report submitted pursuant to section 12-36-135, C.R.S., to the
Colorado bureau of investigation or any other laboratory for testing as described in
section 24-33.5-113, C.R.S. Medical forensic evidence associated with a medical report
submitted pursuant to section 12-36-135, C.R.S., when the victim has consented to
evidence testing, shall be submitted to the Colorado bureau of investigation or another
laboratory and tested, pursuant to section 24-33.5-113, C.R.S., regardless of whether
the victim has chosen to participate in the criminal justice system.
CONNECTICUT
Summary: There is no mandatory reporting in Connecticut unless the rape victim
suffered a wound from a firearm as well. No costs of a sexual assault forensic evidence
collection examination shall be billed to a victim when the examination is for the purpose
of gathering evidence as prescribed in the Connecticut Technical Guidelines for Health
Care Response to Victims of Sexual Assault Protocol.
LAW RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Conn. Gen. Stat. § 19a-490f. Requirements for reports of treatment of wounds from
firearms.
(a) Each hospital, outpatient surgical facility and outpatient clinic shall report or cause a report
to be made to the local police department or the state police of each person treated for a bullet
wound, a gunshot wound or any injury arising from the discharge of a firearm or a stab wound
that is a serious physical injury likely caused by a knife or other sharp or pointed instrument.
Such report shall be made as soon as practicable after the treatment is rendered and shall
contain the name and address of the injured person, if known, the nature and extent of the
injury and the circumstances under which the treatment was rendered.
(b) A report required under subsection (a) of this section shall include:
(1) The name, residence, sex and age of the patient;
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(2) The type of wound the patient received; and
(3) The name of each health care provider treating the patient’s wound.
(c) An employee of the hospital, outpatient surgical facility or outpatient clinic shall ensure that
any bullet or other foreign object or clothing showing damage potentially related to the wound
removed from any such patient shall be identified as coming from such patient and kept in a
manner that preserves the integrity of the item, until an employee of such entity surrenders the
item to the local police department or the state police or until the period for retention of such
item expires pursuant to such entity’s policy for retention of such item, whichever is earlier.
(d) Any hospital, outpatient surgical facility or outpatient clinic or employee of any such entity
who in good faith, and without gross negligence or willful or wanton misconduct, makes a report
pursuant to this section, cooperates during the course of an investigation or proceeding
concerning the reported wound, or preserves an item or surrenders such item to the local police
department or state police pursuant to subsection (c) of this section, shall be immune from civil
or criminal liability or any action for suspension, revocation or surrender of any professional
license, registration or certification held by such entity or employee, arising from or related to
the report, cooperation with an investigation or proceeding or the preservation or surrender of
any such item.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Conn. Gen. Stat. § 19a-112a. Commission on the Standardization of the Collection of
Evidence in Sexual Assault Investigations. Protocol. Sexual assault evidence collection
kit. Preservation of evidence. Costs. Training and sexual assault examiner programs.
(a) There is created a Commission on the Standardization of the Collection of Evidence in Sexual
Assault Investigations composed of fourteen members as follows: The Chief State’s Attorney or a
designee; the executive director of the Commission on Women, Children and Seniors or a
designee; the Commissioner of Children and Families or a designee; one member from the
Division of State Police and one member from the Division of Scientific Services appointed by the
Commissioner of Emergency Services and Public Protection; one member from Connecticut
Sexual Assault Crisis Services, Inc. appointed by its board of directors; one member from the
Connecticut Hospital Association appointed by the president of the association; one emergency
physician appointed by the president of the Connecticut College of Emergency Physicians; one
obstetrician-gynecologist and one pediatrician appointed by the president of the Connecticut
State Medical Society; one nurse appointed by the president of the Connecticut Nurses”
Association; one emergency nurse appointed by the president of the Emergency Nurses”
Association of Connecticut; one police chief appointed by the president of the Connecticut Police
Chiefs Association; and one member of the Office of Victim Services within the Judicial
Department. The Chief State’s Attorney or a designee shall be chairman of the commission. The
commission shall be within the Division of Criminal Justice for administrative purposes only.
(b)
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(1) For the purposes of this section, “protocol” means the state of Connecticut
Technical Guidelines for Health Care Response to Victims of Sexual Assault, including the
Interim Sexual Assault Toxicology Screen Protocol, as revised from time to time and as
incorporated in regulations adopted in accordance with subdivision (2) of this
subsection, pertaining to the collection of evidence in any sexual assault investigation.
(2) The commission shall recommend the protocol to the Chief State’s Attorney for
adoption as regulations in accordance with the provisions of chapter 54. Such protocol
shall include nonoccupational post-exposure prophylaxis for human immunodeficiency
virus (nPEP), as recommended by the National Centers for Disease Control. The
commission shall annually review the protocol and may annually recommend changes to
the protocol for adoption as regulations.
(c) The commission shall design a sexual assault evidence collection kit and may annually
recommend changes in the kit to the Chief State’s Attorney. Each kit shall include instructions on
the proper use of the kit, standardized reporting forms, standardized tests which shall be
performed if the victim so consents and standardized receptacles for the collection and
preservation of evidence. The commission shall provide the kits to all health care facilities in the
state at which evidence collection examinations are performed at no cost to such health care
facilities.
(d) Each health care facility in the state which provides for the collection of sexual assault
evidence shall follow the protocol as described in subsection (b) of this section and, with the
consent of the victim, shall collect sexual assault evidence. After the collection of any evidence,
the health care facility shall contact a police department to receive the evidence. Not later than
ten days after the collection of the evidence, the police department shall transfer the evidence,
in a manner that maintains the integrity of the evidence, to the Division of Scientific Services
within the Department of Emergency Services and Public Protection or the Federal Bureau of
Investigation laboratory. If the evidence is transferred to the division, the division shall analyze
the evidence not later than sixty days after the collection of the evidence or, if the victim chose
to remain anonymous and not report the sexual assault to the police department at the time of
collection, shall hold the evidence for at least five years after the collection of the evidence. If a
victim reports the sexual assault to the police department after the collection of the evidence,
such police department shall notify the division that a report has been filed not later than five
days after filing such report and the division shall analyze the evidence not later than sixty days
after receiving such notification. The division shall hold any evidence received and analyzed
pursuant to this subsection until the conclusion of any criminal proceedings. The failure of a
police department to transfer the evidence not later than ten days after the collection of the
evidence, or the division to analyze the evidence not later than sixty days after the collection of
the evidence or after receiving a notification from a police department, shall not affect the
admissibility of the evidence in any suit, action or proceeding if the evidence is otherwise
admissible.
(e)
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(1) No costs incurred by a health care facility for the examination of a victim of sexual
assault, when such examination is performed for the purpose of gathering evidence as
prescribed in the protocol, including the costs of testing for pregnancy and sexually
transmitted diseases and the costs of prophylactic treatment as provided in the
protocol, and no costs incurred for a medical forensic assessment interview conducted
by a health care facility or provider or by an examiner working in conjunction with a
multidisciplinary team established pursuant to section 17a-106a or with a child
advocacy center, shall be charged directly or indirectly to such victim. Any such costs
shall be charged to the Forensic Sex Evidence Exams account in the Judicial Department.
(2) No costs incurred by a health care facility for any toxicology screening of a victim of
sexual assault, when such screening is performed as prescribed in the protocol, shall be
charged directly or indirectly to such victim. Any such costs shall be charged to the
Division of Scientific Services within the Department of Emergency Services and Public
Protection.
(f) The commission shall advise the Chief State’s Attorney on the establishment of a mandatory
training program for health care facility staff regarding the implementation of the regulations,
the use of the evidence collection kit and procedures for handling evidence.
(g) The commission shall advise the Chief State’s Attorney not later than July 1, 1997, on the
development of a sexual assault examiner program and annually thereafter on the
implementation and effectiveness of such program.
DELAWARE
Summary: There is no mandatory reporting of sexual assault. The cost of a forensic
medical examination done for the purpose of gathering evidence that can be used in the
prosecution of a sexual offense may be paid from the Victim Compensation Fund.
Hospitals and health care professionals may also seek reimbursement from the victim’s
medical insurance. It is mandatory to report knife and gunshot wounds.
LAW RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
24 Del. C. § 1762. Reports of treatment of certain wounds, injuries, poisoning, or other
conditions; failure to report; penalty.
(a) Every person certified to practice medicine who attends to or treats a stab wound; poisoning
by other than accidental means; or a bullet wound, gunshot wound, powder burn, or other
injury or condition arising from or caused by the discharge of a gun, pistol, or other firearm, or
when such injury or condition is treated in a hospital, sanitarium, or other institution, the
person, manager, superintendent, or other individual in charge shall report the injury or
condition as soon as possible to the appropriate police authority where the attending or treating
person was located at the time of treatment or where the hospital, sanitarium, or institution is
located. This section does not apply to wounds, burns, poisonings, or injuries or conditions
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received by a member of the armed forces of the United States or the State while engaged in the
actual performance of duty. A person who fails to make a report required by this section shall be
fined not less than $ 100 nor more than $ 2,500.
(b) A person certified to practice medicine or other individual who makes a report pursuant to
this section is immune from liability for the report, provided that the person or other individual
acted in good faith and without gross or wanton negligence.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
11 Del. C. 9023 [formerly 9019]. Payment for forensic medical examination for victims
of sexual offense.
(a) The cost of a forensic medical examination done for the purpose of gathering evidence that
can be used in the prosecution of a sexual offense may be paid from the Victim Compensation
Fund.
(b) "Forensic medical examination" shall be defined as medical diagnostic procedures examining
for physical trauma, and determining penetration, force or lack of consent. The cost of the
examination shall include collecting all evidence as called for in the sexual offense evidence
collection kits and may include any of the following, if done as part of the forensic medical
examination:
(1) Physician's fees for the collection of the patient history, physical, collection of
specimens and treatment for the prevention of venereal disease, including 1 return
follow-up visit;
(2) Emergency department expenses, including emergency room fees and cost of pelvic
tray; and
(3) Laboratory expenses for wet mount for sperm, swabs for acid phosphates and ABH
antigen; blood typing, serology for syphilis and Hepatitis B; cultures for gonorrhea,
chlamydia, trichomonas and other sexually transmitted diseases; pregnancy testing;
urinalysis; and any other laboratory test needed to collect evidence that could be used
in the prosecution of the offense.
(c) Hospitals and health-care professions shall provide forensic medical examinations free of
charge to the victims of sexual offenses. Any hospital or health care professional performing a
forensic medical examination shall seek reimbursement for the examination from the patient's
insurance carrier, including Medicaid and Medicare, if available. If insurance is unavailable, or
does not cover the full costs of the forensic medical examination, the service provider may seek
reimbursement from the Compensation Fund. The Agency shall authorize the repayment for
reasonable expenses incurred during the forensic medical examination. Such reimbursement
shall not exceed a maximum amount to be determined by the Agency. If the hospital or health-
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care professional has recovered from insurance, the Agency shall only provide compensation
sufficient to total the maximum amount provided for in the Agency's rules and regulations.
(d) The victim of the sexual offense shall not pay any out-of-pocket costs associated with the
forensic medical examination and shall not be required to file an application with the Agency.
Notwithstanding other language in this chapter, all forensic medical examinations of victims of a
sexual offense not covered by insurance shall be paid for through the Victim Compensation Fund
and such payment shall be considered full compensation to the hospital or health care
professional providing such services.
(e) In addition to, and at the same time as, any other fine or penalty assessed on any criminal
defendant, all defendants convicted of a sexual offense as defined in § 761 of this title shall be
assessed an additional fine that shall be used to reimburse the Victim Compensation Fund for
forensic medical examination payments. All defendants convicted of sexual offenses shall pay $
50 for each misdemeanor level count for which they are convicted and $ 100 for each felony
level count for which they are convicted. All fines paid in accordance with this section shall be
deposited into the Victims' Compensation Fund.
(f) Nothing in this section shall preclude victims from applying to the Agency for other costs
incurred.
DISTRICT OF COLUMBIA
Summary: Reporting is only mandatory when injuries are inflicted by a firearm or
dangerous weapon. A victim of sexual assault is eligible to receive compensation when
the victim seeks a sexual assault examination from a medical treatment facility.
LAW RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
D.C. Code § 7-2601. Reports by physicians and institutions required.
Any physician in the District of Columbia, including persons licensed under Chapter 12 of Title 3,
having reasonable cause to believe that a person brought to him or coming before him for
examination, care, or treatment has suffered injury caused by a firearm, whether self-inflicted,
accidental, or occurring during the commission of a crime, or has suffered injury caused by any
dangerous weapon in the commission of a crime, shall report or cause reports to be made in
accordance with this chapter; provided, that when a physician in the performance of service as a
member of the staff of a hospital or similar institution attends any person so injured, he shall
notify the person in charge of the hospital or institution or his designated agent who shall report
or cause reports to be made in accordance with this chapter.
D.C. Code § 7-2602. Nature and contents of reports.
An oral report shall be made immediately by telephone or otherwise, and followed as soon
thereafter as possible by a report in writing, to the Metropolitan Police Department of the
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District of Columbia. Such reports shall contain, if readily available, the name, address, and age
of the injured person, and shall also contain the nature and extent of the person’s injuries, and
any other information which the physician or other person required to make the report believes
might be helpful in establishing the cause of the injuries and the identity of the person who
caused the injuries.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
D.C. Code § 4-506. Eligibility for compensation.
(a) A victim or secondary victim is eligible to receive compensation under this chapter if he or
she:
(1) Suffered personal injury as a result of a crime;
(2) Filed a claim under this chapter within 1 year after the crime occurred or 1 year
after learning of the Program with an adequate showing that the delay in learning of the
Program was reasonable; and
(3) Reported the crime to a law enforcement office within 7 days of its occurrence. If
the crime cannot be reasonably reported within that time period, the crime must be
reported within 7 days from the time a report can reasonably be made.
(b) The offender shall not be unjustly enriched by an award of compensation to the claimant,
except that this requirement may be waived in cases involving extraordinary circumstances
where the interests of justice so require.
(c) Notwithstanding subsection (a)(3) of this section, a victim who has been sexually abused or
subjected to unlawful sexual conduct, domestic violence, or cruelty to children and who does
not report the crime to the local police department, may:
(1) In the case of domestic violence victims, satisfy the reporting requirement by
seeking a civil protection order from the Corporation Counsel of the District of
Columbia;
(2) In the case of sexual assault victims, satisfy the reporting requirement by seeking a
sexual assault examination from a medical treatment facility; and
(3) In the case of a victim of cruelty to children, satisfy the reporting requirement by the
filing of a neglect petition by the District of Columbia in the Superior Court.
(d) The time limit requirements of this section may be waived for good cause shown, including
compelling health or safety concerns.
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FLORIDA
Summary: There is not a mandatory rape reporting requirement. However, there is a
requirement to report gunshot wounds and life-threatening injuries indicating an act of
violence. The forensic sexual assault examination is paid for when the rape is reported to
law enforcement.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Fla. Stat. § 790.24. Report of medical treatment of certain wounds; penalty for failure
to report.
Any physician, nurse, or employee thereof and any employee of a hospital, sanitarium, clinic, or
nursing home knowingly treating any person suffering from a gunshot wound or life-threatening
injury indicating an act of violence, or receiving a request for such treatment, shall report the
same immediately to the sheriff’s department of the county in which said treatment is
administered or request therefor received. This section does not affect any requirement that a
person has to report abuse pursuant to chapter 39 or chapter 415. Any such person willfully
failing to report such treatment or request therefor is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
2A-3.002, F.A.C. Applicant and Payment Procedures.
(1) The Bureau of Victim Compensation pays for medical expenses connected with the initial
forensic physical examination of a victim of sexual battery as defined by Section 794.011(h), F.S.,
or a lewd or lascivious battery or molestation as defined by Section 800.04(4) or (5), F.S.
(2) Payments are awarded regardless of whether the victim is covered by health or disability
insurance. The victim must not be billed directly or indirectly for expenses associated with the
examination.
(3) Payments are not contingent on the victim's participation in the criminal justice system or
cooperation with law enforcement.
(4) The claim form and invoice must be filed and received by the department within 120 days of
the forensic examination. Corrections or technical defects in claim form or invoice shall not
result in a change to the original filing date for purposes of complying with the filing deadline.
(5) The claim form and invoice shall be mailed to the Office of the Attorney General, Bureau of
Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050; faxed to (850)414-6197 or
(850)414-5779; or emailed to VCIntake@ MyFloridaLegal.com, or submitted via the
department's web portal. The form BVC100SB, Sexual Battery Forensic Examination Claim Form
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revised 10/15, is adopted and incorporated by reference at the following address:
http://www.flrules.org/Gateway/reference.asp?No=Ref-06144. A copy of said form can be
obtained at www.myfloridalegal.com or by contacting the Office of the Attorney General,
Bureau of Victim Compensation. Failure to submit a properly completed claim form and invoice
will result in denial of benefits.
(6) For a faxed claim form and invoice to be timely received, the transmittal cover page must
provide sufficient information to identify the claim for which payment is sought, and bear a
faxed date stamp that is within 120 days immediately following the examination.
(7) Payment shall not exceed $ 500 with respect to any violation. Separate invoices submitted
for payment consideration of a single examination shall be divided in accordance with the
direction and discretion of the department.
(8) The claim form shall include the following:
(a) The victim's name;
(b) Optional demographic data for statistical purposes, including date of birth,
race/ethnicity, gender, and national origin;
(c) The date the sexual battery or lewd or lascivious battery or molestation as reported
by the victim;
(d) Indication whether or not the victim has reported the incident to law enforcement,
and if so, what law enforcement agency took the report, and the case/report number, if
applicable;
(e) City, county, and state where the crime was committed according to the victim's
statement;
(f) Whether or not the crime occurred while the victim was incarcerated or in custody;
(g) The date the examination was completed;
(h) Forensic facility information which includes the name of the facility where the
examination was performed, the facility's federal tax identification number, mailing
address, email address (if applicable), and telephone number including the area code;
(i) The name of another employee of the facility who was present at the time the
examination was performed and shall henceforth be identified as the witness;
(j) The witness must attest to the fact that the examination was performed on the
victim at the location identified;
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(k) The signature of the witness and date of signature;
(l) Forensic examiner information which includes their name, title, and license number;
(m) Certification by the forensic examiner to affirm that the initial forensic physical
examination for which the claim is based was performed for the purpose of collecting
forensic evidence from the victim on the date identified using practices consistent with
the establish Adult and Child Sexual Assault Protocols; and,
(n) The signature of the forensic examiner and date of signature.
(9) The itemized invoice shall be prepared using industry standard forms or on the provider's
letterhead. It must include the following:
(a) Facility name, address, and tax identification number;
(b) Date of the examination;
(c) Victim's name;
(d) Examination diagnostic codes for observation following alleged rape or seduction
(V71.5), encounter for examination and observation following alleged rape (Z044),
encounter for examination and observation following alleged adult rape (Z0441),
encounter for examination and observation following alleged child rape (Z0442); and,
(e) One or more of the following procedures:
1. Certified or board-eligible healthcare examiner's office or other outpatient
services;
2. Emergency department services;
3. Use of medical facility for the collection of forensic physical evidence;
4. Venipuncture for the collection of blood samples;
5. Laboratory tests for baseline sexually transmitted disease and pregnancy; or
6. Forensic evidence collection kit.
(10) Only medical expenses connected with the initial forensic physical examination shall be
considered.
Fla. Stat. § 960.28
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(1) A medical provider who performs an initial forensic physical examination may not bill a
victim or the victim’s parent or guardian if the victim is a minor directly or indirectly for that
examination.
(2) The Crime Victims’ Services Office of the department shall pay for medical expenses
connected with an initial forensic physical examination of a victim of sexual battery as defined in
chapter 794 or a lewd or lascivious offense as defined in chapter 800. Such payment shall be
made regardless of whether the victim is covered by health or disability insurance and whether
the victim participates in the criminal justice system or cooperates with law enforcement. The
payment shall be made only out of moneys allocated to the Crime Victims’ Services Office for the
purposes of this section, and the payment may not exceed $500 with respect to any violation.
The department shall develop and maintain separate protocols for the initial forensic physical
examination of adults and children. Payment under this section is limited to medical expenses
connected with the initial forensic physical examination, and payment may be made to a medical
provider using an examiner qualified under part I of chapter 464, excluding s. 464.003(16);
chapter 458; or chapter 459. Payment made to the medical provider by the department shall be
considered by the provider as payment in full for the initial forensic physical examination
associated with the collection of evidence. The victim may not be required to pay, directly or
indirectly, the cost of an initial forensic physical examination performed in accordance with this
section.
(3) The department may allow, deny, controvert, or litigate claims made against it under this
section.
(4) Information received or maintained by the department identifying an alleged victim who
seeks payment of medical expenses under this section is confidential and exempt from the
provisions of s. 119.07(1).
(5) A defendant or juvenile offender who pleads guilty or nolo contendere to, or is convicted of
or adjudicated delinquent for, a violation of chapter 794 or chapter 800 shall be ordered by the
court to make restitution to the Crimes Compensation Trust Fund in an amount equal to the
compensation paid to the medical provider by the Crime Victims’ Services Office for the cost of
the initial forensic physical examination. The order may be enforced by the department in the
same manner as a judgment in a civil action.
GEORGIA
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE
Summary: There is not a specific rape reporting requirement; however, hospital
administrators are required to make a report of non-accidental injuries. It is mandatory
to report burn wounds. When evidence relating to an allegation of rape is collected in
the course of a medical examination of the person who is the victim of the alleged crime,
the Georgia Crime Victims Emergency Fund shall be responsible for the cost of the
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medical examination to the extent that expense is incurred for the limited purpose of
collecting evidence.
O.C.G.A. § 31-7-9. Reports by physicians and other personnel of nonaccidental injuries
to patients; immunity from liability.
(a) As used in this Code section, the term "medical facility" includes, without being limited to, an
ambulatory surgical treatment center defined in subparagraph (C) of paragraph (4) of Code
Section 31-7-1 and a freestanding imaging center defined in subparagraph (G) of paragraph (4)
of Code Section 31-7-1.
(b) Any:
(1) Physician, including any doctor of medicine licensed to practice under the laws of
this state;
(2) Licensed registered nurse employed by a medical facility;
(3) Security personnel employed by a medical facility; or
(4) Other personnel employed by a medical facility whose employment duties involve
the care and treatment of patients therein
having cause to believe that a patient has had physical injury or injuries inflicted
upon him other than by accidental means shall report or cause reports to be
made in accordance with this Code section.
(c) An oral report shall be made immediately by telephone or otherwise and shall be followed
by a report in writing, if requested, to the person in charge of the medical facility or his
designated delegate. The person in charge of the medical facility or his designated delegate shall
then notify the local law enforcement agency having primary jurisdiction in the area in which the
medical facility is located of the contents of the report. The report shall contain the name and
address of the patient, the nature and extent of the patient's injuries, and any other information
that the reporting person believes might be helpful in establishing the cause of the injuries and
the identity of the perpetrator.
(d) Any person or persons participating in the making of a report or causing a report to be made
to the appropriate police authority pursuant to this Code section or participating in any judicial
proceeding or any other proceeding resulting therefrom shall in so doing be immune from any
civil liability that might otherwise be incurred or imposed, providing such participation pursuant
to this Code section shall be in good faith.
LAW RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
O.C.G.A. § 25-2-32.1. Reports to Safety Fire Division of serious burn injuries.
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Every case of a burn injury or wound where the victim sustained second-degree or third-degree
burns to 5 percent or more of the body or any burns to the upper respiratory tract or laryngeal
edema due to the inhalation of superheated air, and every case of a burn injury or wound which
is likely to or may result in death, shall be reported at once to the Safety Fire Division of the
office of the Commissioner of Insurance. The Safety Fire Division shall accept the report and
notify the proper investigatory agency as may be appropriate. A written report shall be provided
to the Safety Fire Division within 72 hours. The report shall be made by the physician attending
or treating the case or by the manager, superintendent, or other person in charge whenever
such case is treated in a hospital sanitarium, institution, or other medical facility.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
O.C.G.A. § 16-6-1. Rape.
(a) A person commits the offense of rape when he has carnal knowledge of:
(1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
Carnal knowledge in rape occurs when there is any penetration of the female
sex organ by the male sex organ. The fact that the person allegedly raped is the
wife of the defendant shall not be a defense to a charge of rape.
(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for
life without parole, by imprisonment for life, or by a split sentence that is a term of
imprisonment for not less than 25 years and not exceeding life imprisonment, followed by
probation for life. Any person convicted under this Code section shall, in addition, be subject to
the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
(c) When evidence relating to an allegation of rape is collected in the course of a medical
examination of the person who is the victim of the alleged crime, the Georgia Crime Victims
Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the
medical examination to the extent that expense is incurred for the limited purpose of collecting
evidence.
HAWAII
Summary: There is not a mandatory reporting requirement for sexual assault.
Examinations shall be paid for from funds appropriated for the expenses of examination
administration. It is mandatory to report stab wounds, gunshot wounds and any injury
that would seriously maim, produce death, or has rendered the injured person
unconscious, caused by the use of violence or sustained in a suspicious or unusual
manner.
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LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
HRS § 453-14. Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc.,
to report wounds.
(a) Every physician, osteopathic physician, physician assistant, and surgeon attending or treating
a case of knife wound, bullet wound, gunshot wound, powder burn, or any injury that would
seriously maim, produce death, or has rendered the injured person unconscious, caused by the
use of violence or sustained in a suspicious or unusual manner or in motor vehicle collisions
resulting in serious injury or death, or, whenever the case is treated in a hospital, clinic, or other
institution, the manager, superintendent, or person in charge thereof, shall report the case or
provide requested information to the chief of police of the county within which the person was
attended or treated, giving the name of the injured person, description of the nature, type, and
extent of the injury, together with other pertinent information that may be of use to the chief of
police. As used herein, the term “chief of police” means the chief of police of each county and
any of the chief's authorized subordinates.
(b) This section shall not apply to wounds, burns, or injuries received by a member of the armed
forces of the United States or of the State while engaged in the actual performance of duty.
(c) Any person who fails to make the report called for herein within twenty-four hours after the
attendance or treatment shall be fined not less than $50 nor more than $500.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
HRS 351-15. Medical examination.
The commission may appoint an impartial licensed physician or licensed psychologist to examine
any person making application under this chapter, and the fees for the examination shall be paid
from funds appropriated for expenses of administration.
IDAHO
Summary: There is no mandatory reporting requirement; however, it is mandatory to
report injuries which indicate that a person may be the victim of a criminal offense. It is
also mandatory to report gunshot wounds. When the victim of any crime is directed or
authorized by a law enforcement agency to obtain a medical examination for the
purpose of procuring evidence for use by a law enforcement agency in the investigation
or prosecution of the crime, the expense incurred shall be paid for from the crime victims
compensation account.
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LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Idaho Code § 39-1390. Reports to law enforcement agencies of certain types of
injuries.
(1) As soon as treatment permits, any person operating a hospital or other medical treatment
facility, or any physician, resident on a hospital staff, intern, physician assistant, nurse or
emergency medical technician shall notify the local law enforcement agency of that jurisdiction
upon the treatment of or request for treatment of a person when the reporting person has
reason to believe that the person treated or requesting treatment has received:
(a) Any injury inflicted by means of a firearm; or
(b) Any injury indicating that the person may be a victim of a criminal offense.
(2) The report provided to the law enforcement agency pursuant to subsection (1) of this
section shall include the name and address of the injured person, the character and extent of the
person's injuries, and the medical basis for making the report.
(3) Any person operating a medical facility, or any physician, resident on a hospital staff, intern,
physician assistant, nurse or emergency medical technician shall be held harmless from any civil
liability for his reasonable compliance with the provisions of this section.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Idaho Code § 19-5303. Cost of medical exams to be paid by law enforcement.
When the victim of any crime is directed or authorized by a law enforcement agency to obtain a
medical examination for the purpose of procuring evidence for use by a law enforcement agency
in the investigation or prosecution of the crime, the expense incurred shall be paid by the law
enforcement agency. Provided however, the cost of forensic and/or medical examinations of
alleged victims of sexual assault shall be paid for from the crimes victims compensation account,
as established by section 72-1009, Idaho Code. The provisions of this section shall not be
construed to require a law enforcement agency to bear the expense of any medical treatment of
the victim.
Idaho Code § 72-1019. Compensation benefits.
(1) A claimant is entitled to weekly compensation benefits when the claimant has a total actual
loss of wages due to injury as a result of criminally injurious conduct. During the time the
claimant seeks such weekly benefits, the claimant, as a result of such injury, must have no
reasonable prospect of being regularly employed in the normal labor market. The weekly benefit
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amount is sixty-six and two-thirds percent (66 2/3%) of the wages received at the time of the
criminally injurious conduct, subject to a maximum of one hundred seventy-five dollars ($ 175).
Weekly compensation payments shall be made at the end of each two (2) week period. No
weekly compensation payments may be paid for the first week after the criminally injurious
conduct occurred, but if total actual loss of wages continues for one (1) week, weekly
compensation payments shall be paid from the date the wage loss began. Weekly compensation
payments shall continue until the claimant has a reasonable prospect of being regularly
employed in the normal labor market.
(2) The commission may order payment of reasonable expenses actually incurred by the
claimant for reasonable services by a physician or surgeon, reasonable hospital services and
medicines, mental health counseling and care, and such other treatment as may be approved by
the commission for the injuries suffered due to criminally injurious conduct. Payment for the
costs of forensic and medical examinations of alleged victims of sexual assault performed for the
purposes of gathering evidence for possible prosecution, after collections from any third party
who has liability, shall be made by the commission. The commission shall establish a procedure
for summary processing of such claims.
(3) (a) The dependents of a victim who is killed as a result of criminally injurious conduct are
entitled to receive aggregate weekly benefits amounting to sixty-six and two-thirds percent (66
2/3%) of the wages received at the time of the criminally injurious conduct causing the death,
subject to a maximum of one hundred seventy-five dollars ($ 175) per week. Weekly
compensation payments shall be made at the end of each two (2) week period.
(b) Benefits under subsection (3)(a) of this section shall be paid to the spouse for the
benefit of the spouse and other dependents unless the commission determines that
other payment arrangements should be made. If a spouse dies or remarries, benefits
under subsection (3)(a) shall cease to be paid to the spouse but shall continue to be paid
to the other dependents so long as their dependent status continues.
(4) Reasonable funeral and burial or cremation expenses of the victim, together with actual
expenses of transportation of the victim's body, shall be paid in an amount not exceeding five
thousand dollars ($ 5,000) if all other collateral sources have properly paid such expenses but
have not covered all such expenses.
(5) (a) Compensation payable to a victim and all of the victim's dependents in cases of the
victim's death, because of injuries suffered due to an act or acts of criminally injurious conduct
involving the same offender and occurring within a six (6) month period, may not exceed twenty-
five thousand dollars ($ 25,000) in the aggregate.
(b) The limitation of subsection (5)(a) of this section is subject to the further limitation
that payments for mental health treatment received as a result of the victim's injury
may not exceed two thousand five hundred dollars ($ 2,500) unless the industrial
commission finds extenuating circumstances. If the commission finds a victim to have
extenuating circumstances as defined in section 72-1003, Idaho Code, the victim is
eligible for payments up to the maximum benefit allowed under paragraph (a) of this
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subsection (5). The commission shall reevaluate the victim's qualifications for
extenuating circumstances not less often than annually.
(6) Compensation benefits are not payable for pain and suffering or property damage.
(7) (a) A person who has suffered injury as a result of criminally injurious conduct and as a result
of such injury has no reasonable prospect of being regularly employed in the normal labor
market, who was employable but was not employed at the time of such injury, may in the
discretion of the commission be awarded weekly compensation benefits in an amount
determined by the commission not to exceed one hundred fifty dollars ($ 150) per week. Weekly
compensation payments shall continue until the claimant has a reasonable prospect of being
regularly employed in the normal labor market or for a shorter period as determined by the
commission. The claimant shall be awarded benefits as provided in subsection (2) of this section.
(b) The dependents of a victim who is killed as a result of criminally injurious conduct
and who was employable but not employed at the time of death, may, in the discretion
of the commission, be awarded, in an aggregate amount payable to all dependents, a
sum not to exceed one hundred fifty dollars ($ 150) per week which shall be payable in
the manner and for the period provided by subsection (3)(b) of this section or for such
shorter period as determined by the commission. The claimant shall be awarded
benefits as provided in subsection (4) of this section.
(c) Compensation payable to a victim or a victim's dependents under this subsection
may not exceed twenty thousand dollars ($ 20,000), and the limitations of subsection
(6) of this section apply to compensation under this subsection (7).
(8) Amounts payable as weekly compensation may not be commuted to a lump sum and may
not be paid less frequently than every two (2) weeks.
(9) (a) Subject to the limitations in subsections (9)(b) and (9)(c) of this section, the spouse,
parent, grandparent, child, grandchild, brother or sister of a victim who is killed, kidnapped,
sexually assaulted or subjected to domestic violence or child injury is entitled to reimbursement
for mental health treatment received as a result of such criminally injurious conduct.
(b) Total payments made under subsection (9)(a) of this section, may not exceed five
hundred dollars ($ 500) for each person or one thousand five hundred dollars ($ 1,500)
for a family.
(c) With regard to claims filed pursuant to this section, in order for family members of
victims of crime to be entitled to benefits, the victim of the crime must also have been
awarded benefits for the crime itself.
(10) A claimant or a spouse, parent, child or sibling of a claimant or victim may be reimbursed
for his or her expenses for necessary travel incurred in connection with obtaining benefits
covered pursuant to this chapter and in accordance with rules of the commission.
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ILLINOIS
Summary: There is no specific requirement to report a rape; however, there is a
requirement to report injuries sustained as a victim as a result of the commission of a
criminal offense.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
20 ILCS 2630/3.2. Duty to report injuries resulting from discharge of firearm or
sustained in commission of or as victim of criminal offense.
It is the duty of any person conducting or operating a medical facility, or any physician or nurse
as soon as treatment permits to notify the local law enforcement agency of that jurisdiction
upon the application for treatment of a person who is not accompanied by a law enforcement
officer, when it reasonably appears that the person requesting treatment has received:
(1) any injury resulting from the discharge of a firearm; or
(2) any injury sustained in the commission of or as a victim of a criminal offense.
Any hospital, physician or nurse shall be forever held harmless from any civil liability for
their reasonable compliance with the provisions of this Section.
INDIANA
Summary: There is no specific requirement to report rape; however, there is a duty to
report injuries from guns, firearms, knives, ice picks, and other sharp pointed
instruments, as well as certain burns and injuries caused by the manufacture or use of
destructive devices. The victim services division of the Indiana criminal justice institute
shall reimburse a hospital for its costs in providing services related to forensic medical
examinations.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Burns Ind. Code Ann. § 35-47-7-1. Report of injuries from gun, firearm, knife, ice pick
or other sharp or pointed instrument.
Every case of a bullet wound, gunshot wound, powder burn, or any other injury arising from or
caused by the discharge of a firearm, and every case of a wound which is likely to or may result
in death and is actually or apparently inflicted by a knife, ice pick, or other sharp or pointed
instrument, shall be reported at once to the law enforcement authorities of the county, city, or
town in which the person reporting is located by either the physician attending or treating the
case, or by the manager, superintendent, or other person in charge if the case is treated in a
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hospital, clinic, sanitarium, or other facility or institution. A person who violates this section
commits a Class A misdemeanor.
Burns Ind. Code Ann. § 35-47-7-3. Burn injury reports.
(a) As used in this section, “burn” includes chemical burns, flash burns, and thermal burns.
(b) If a person is treated for:
(1) A second or third degree burn to ten percent (10%) or more of the body;
(2) Any burn to the upper respiratory tract or laryngeal edema due to the inhalation of
superheated air; or
(3) A burn that results in serious bodily injury;
the physician treating the person, or the hospital administrator or the hospital
administrator’s designee of the hospital or ambulatory outpatient surgical center (if the
person is treated in a hospital or outpatient surgical center), shall report the case to the
state fire marshal within seventy-two (72) hours. This report may be made orally or in
writing and shall be considered confidential information.
(c) If a person is treated for a second or third degree burn to less than ten percent (10%) of the
body, the attending physician may report the case to the state fire marshal under subsection (b).
(d) The state fire marshal shall ascertain the following when a report is made under this chapter:
(1) Victim’s name, address, and date of birth.
(2) Address where burn injury occurred.
(3) Date and time of injury.
(4) Degree of burns and percent of body burned.
(5) Area of body burned.
(6) Injury severity.
(7) Apparent cause of burn injury.
(8) Name and address of reporting facility.
(9) Attending physician.
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LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Burns Ind. Code Ann. § 16-21-8-5
(a) The division shall award compensation or reimbursement under this chapter for forensic
medical exams.
(b) The division is not required to award compensation or reimbursement under this chapter for
additional forensic services unless the following conditions are met:
(1) The victim is at least eighteen (18) years of age.
(2) If the victim is less than eighteen (18) years of age, a report of the sex crime must be
made to child protective services or a law enforcement officer.
(3) The sex crime occurred in Indiana.
If the division finds a compelling reason for failure to comply with the requirements of
this section, the division may suspend the requirements of this section.
(c) A claim filed for services provided at a time before the provision of the forensic medical
exams and additional forensic services for which an application for reimbursement is filed is not
covered under this chapter.
Burns Ind. Code Ann. § 5-2-6.1-39
(a) When a hospital acting under IC 16-21-8 provides a forensic medical exam to an alleged sex
crime victim, the hospital shall furnish the forensic medical exam described in IC 16-21-8-6
without charge. The victim services division of the Indiana criminal justice institute shall
reimburse a hospital for its costs in providing these services and shall adopt rules and
procedures to provide for reasonable reimbursement. A hospital may not charge the victim for
services required under this chapter, despite delays in reimbursement from the victim services
division of the Indiana criminal justice institute.
(b) When a hospital acting under IC 16-21-8 provides a forensic medical exam to an alleged sex
crime victim, the hospital may also furnish additional forensic services to the alleged sex crime
victim. However, the additional forensic services, if furnished, shall be furnished without charge.
The victim services division of the Indiana criminal justice institute shall reimburse a hospital for
its costs in providing these services and may adopt rules and procedures to provide for
reasonable reimbursement. A hospital may not charge the victim for services required under this
chapter even if there is a delay in receiving reimbursement from the victim services division of
the Indiana criminal justice institute.
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(c) Costs incurred by a hospital or other emergency medical facility for the examination of the
victim of a sex crime (under IC 35-42-4) not covered under IC 16-21-8 or incest (under IC 35-46-
1-3), if the examination is performed for the purposes of gathering evidence for possible
prosecution, may not be charged to the victim of the crime.
(d) When a licensed medical service provider not covered by subsection (a) or (b) elects to
provide a forensic medical exam to an alleged victim of one (1) or more of the sex crimes listed
in IC 16-21-8-1(b), the medical service provider shall furnish the exam without charge. The victim
services division of the Indiana criminal justice institute shall reimburse a medical service
provider for costs in providing forensic medical exams. A medical service provider may not
charge the victim for a forensic medical exam required under this chapter even if there is a delay
in receiving reimbursement from the victim services division of the Indiana criminal justice
institute.
(e) When a licensed medical service provider not covered by subsection (a) or (b) elects to
provide additional forensic services to an alleged sex crime victim, the medical service provider
shall furnish the services without charge. The victim services division of the Indiana criminal
justice institute shall reimburse a medical service provider for costs in providing the additional
forensic services. A medical service provider may not charge the victim for services required
under this chapter even if there is a delay in receiving reimbursement from the victim services
division of the Indiana criminal justice institute.
(f) The victim services division of the Indiana criminal justice institute is not required to
reimburse a medical service provider for costs in providing additional forensic services unless the
following conditions are met:
(1) The victim is at least eighteen (18) years of age.
(2) If the victim is less than eighteen (18) years of age, a report of the sex crime must be
made to child protective services or a law enforcement officer.
(3) The sex crime occurred in Indiana.
If the division finds a compelling reason for failure to comply with the requirements of
this section, the division may suspend the requirements of this section.
(g) Costs incurred by a licensed medical service provider for the examination of the victim of a
sex crime (under IC 35-42-4) not covered under IC 16-21-8 or incest (under IC 35-46-1-3) may not
be charged to the victim of the crime if the examination is performed for the purposes of
gathering evidence for possible prosecution.
IOWA
Summary: Iowa does not have a specific requirement that rape cases be reported to law
enforcement. However, Iowa law requires medical providers treating gunshot, stab
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wound or other “serious injuries” which appear to have been received in connection with
the commission of a criminal offense to report the injuries to law enforcement. The cost
of the medical examination done for the purpose of gathering evidence shall be paid
from the fund in section 915.94.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Iowa Code § 147.111. Report treatment of wounds and other injuries.
1. A person licensed under the provisions of this subtitle who administers any treatment to any
person suffering a gunshot or stab wound or other serious injury, as defined in section 702.18,
which appears to have been received in connection with the commission of a criminal offense,
or a motor vehicle accident or crash, or to whom an application is made for treatment of any
nature because of any such gunshot or stab wound or other serious injury, as defined in section
702.18, shall at once but not later than twelve hours thereafter, report that fact to the law
enforcement agency within whose jurisdiction the treatment was administered or an application
for treatment was made, or if ascertainable, to the law enforcement agency in whose
jurisdiction the gunshot or stab wound or other serious injury occurred, stating the name of such
person, the person’s residence if ascertainable, and giving a brief description of the gunshot or
stab wound or other serious injury.
2. A person certified under the provisions of chapter 147A who administers any treatment to
any person suffering a gunshot or stab wound or other serious injury, as defined in section
702.18, which appears to have been received in connection with the commission of a criminal
offense, or a motor vehicle accident or crash, or to whom an application is made for treatment
of any nature because of any such gunshot or stab wound or other serious injury, may report
that fact to the law enforcement agency within whose jurisdiction the treatment was
administered or application for treatment was made, or if ascertainable, to the law enforcement
agency in whose jurisdiction the gunshot or stab wound or other serious injury occurred, stating
the name of the person, the person’s residence if ascertainable, and giving a brief description of
the gunshot or stab wound or other serious injury.
3. Any provision of law or rule of evidence relating to a confidential communication is
suspended for communications under this section.
Iowa Code § 147.112. Investigation and report by law enforcement agency.
The law enforcement agency who has received any report required by this chapter and who has
any reason to believe that the person injured was involved in the commission of any crime,
either as perpetrator or victim, shall at once commence an investigation into the circumstances
of the gunshot or stab wound or other serious injury and make a report of the investigation to
the county attorney in whose jurisdiction the gunshot or stab wound or other serious injury
occurred. Law enforcement personnel shall not divulge any information received under the
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provisions of this section and section 147.111 to any person other than a law enforcing officer,
and then only in connection with the investigation of the alleged commission of a crime.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Iowa Code § 915.41. Medical examination costs.
The cost of a medical examination of a victim for the purpose of gathering evidence and the cost
of treatment of a victim for the purpose of preventing venereal disease shall be paid from the
fund established in section 915.94.
61 IAC 9.80(915). Administration of sexual abuse examination payment.
The crime victim assistance program of the department of justice shall administer the sexual
abused examination program as provided in Iowa Code section 915.41. That section states in
part:
o "The cost of a medical examination for the purpose of gathering evidence and the
cost of treatment for the purpose of preventing sexually transmitted disease shall
be borne by the department of justice."
Requests for payment should be addressed to: Sexual Abuse Examination Payments, Crime
Victim Assistance Division, Lucas State Office Building, Ground Floor, 321 East 12
th
Street, Des
Moines, Iowa 50319; telephone (515)281-5044 or 1-800-373-5044.
61 IAC 9.82(915). Application for sexual abuse examination payment.
9.82(1) Consideration for payment. The department will consider payment upon receipt of a
claim for reimbursement from a medical provider indicating that the claim is for the collection of
evidence by sexual abuse examination. In the case that a victim, guardian of a victim, person
responsible for the victim, or dependent of a victim who died of injuries sustained in a sexual
assault has paid part or all of the charges incurred, a copy of the provider bill and documentation
of personal payment of the bill must be submitted for reimbursement. An application for sexual
abuse examination payment must include the federal identification number or social security
number of the claimant.
9.82(1) Application filing. To apply for payment under the sexual abuse examination program,
the form or bill submitted must identify the sexual assault victim by name, birth date, and
patient number, indicate that the claim is for a sexual abuse examination, and itemize all
services rendered and the fee for each service.
61 IAC 9.83(915). Computation of sexual abuse examination payments.
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9.83(1) Payment for examination. The department shall make payment for sexual abuse
examinations, as appropriate, for services including, but not limited to:
a. Examiner's fee for collection of:
(1) Patient's medical history;
(2) Physical examination;
(3) Collection of laboratory specimens;
(4) Return visits to test for sexually transmitted disease;
(5) Treatment for the prevention of sexually transmitted disease.
b. Examination facility.
(1) Emergency room, clinic room or office room fee;
(2) Pelvic tray and medically required supplies.
c. Laboratory collection and processing of specimens for; criminal evidence; sexually
transmitted disease; and pregnancy testing.
9.83(2) Provider payment. The department will pay up to $ 300 for the examination facility and $
200 for examiner fees. Any charges in excess of these amounts will require additional
documentation from the provider. The crime victim assistance program will pay only those
charges determined by the department to be reasonable and fair.
The Iowa department of public safety division of criminal investigation makes sexual
abuse examination kits available to health care providers at no cost.
61 IAC 9.84(915). Victim responsibility for payment.
A victim of sexual abuse is not responsible for the payment of the costs of a sexual abuse
examination determined to be eligible for payment by the department. A medical provider shall
not submit any remaining balance after sexual abuse examination program payment to the
sexual abuse victim.
61 IAC 9.85(915). Sexual abuse examination – right to restitution.
In all criminal cases under Iowa Code chapter 709 and sections 726.2 and 710.2 in which there is
a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is
rendered, restitution may be ordered from the offender to the crime victim assistance program
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for the cost paid by the department for a sexual abuse examination rendered to the victim of
that crime pursuant to Iowa Code section 910.2.
KANSAS
Summary: There is no mandatory reporting requirement for sexual assault. It is
mandatory to report gunshot and stab wounds. Forensic sexual assault examination is
paid for when done at the request of the victim or a law enforcement officer.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
K.S.A. § 21-6319. [Previously K.S.A. §21-4213] Unlawful failure to report a wound.
(a) Unlawful failure to report a wound is, with no requirement of a culpable mental state, the
failure by an attending physician or other person to report such person’s treatment of any of the
following wounds, to the office of the chief of police of the city or the office of the sheriff of the
county in which such treatment took place:
(1) Any bullet wound, gunshot wound, powder burn or other injury arising from or
caused by the discharge of a firearm; or
(2) any wound which is likely to or may result in death and is apparently inflicted by a
knife, ice pick or other sharp or pointed instrument.
(b) Unlawful failure to report a wound is a class C misdemeanor.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
K.S.A. § 65-448. Qualified persons at medical care facilities to examine victims of
sexual offenses, when; remedy for refusal; costs.
(a) Upon the request of any law enforcement officer and with the written consent of the
reported victim, or upon the request of the victim, any physician, a licensed physician assistant,
who has been specially trained in performing sexual assault evidence collection, or a registered
professional nurse, who has been specially trained in performing sexual assault evidence
collection, on call or on duty at a medical care facility of this state, as defined by subsection (h)
of K.S.A. 65-425, and amendments thereto, shall examine persons who may be victims of sexual
offenses cognizable as violations of K.S.A. 2013 Supp. 21-5503, 21-5504, 21-5506 or 21-5604,
and amendments thereto, using Kansas bureau of investigation sexual assault evidence
collection kits or similar kits approved by the Kansas bureau of investigation, for the purposes of
gathering evidence of any such crime. If an examination has taken place solely upon the request
of the victim, the medical care facility shall not notify any law enforcement agency without the
written consent of the victim, unless otherwise required by law. If the physician, licensed
physician assistant or registered professional nurse refuses to perform such physical
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examination the prosecuting attorney is hereby empowered to seek a mandatory injunction
against such physician, licensed physician assistant or registered professional nurse to enforce
the provisions of this act. Any refusal by a physician, licensed physician assistant or registered
professional nurse to perform an examination which has been requested pursuant to this section
shall be reported by the county or district attorney to the state board of healing arts or the
board of nursing, whichever is applicable, for appropriate disciplinary action. The department of
health and environment, in cooperation with the Kansas bureau of investigation, shall establish
procedures for gathering evidence pursuant to this section. A minor may consent to examination
under this section. Such consent is not subject to disaffirmance because of minority, and consent
of parent or guardian of the minor is not required for such examination. The hospital or medical
facility shall give written notice to the parent or guardian of a minor that such an examination
has taken place.
(b) All sexual assault kits collected that are not released to law enforcement shall be sealed by
either the sexual assault nurse examiner program or the facility that provided the examination
and kept for five years in the evidence storage facilities of the Kansas bureau of investigation.
After five years, such kits shall be destroyed by the Kansas bureau of investigation.
(c) The fee chargeable for conducting an examination of a victim as herein provided shall be
established by the department of health and environment. Such fee, including the cost of the
sexual assault evidence collection kit shall be charged to and paid by the county where the
alleged offense was committed, and refusal of the victim to report the alleged offense to law
enforcement shall not excuse or exempt the county from paying such fee. The fee for conducting
an examination of a victim as herein provided shall not be charged or billed to the victim or to
the victim’s insurance carrier. Such county shall be reimbursed such fee upon the costs being
paid by the defendant as court costs assessed pursuant to K.S.A. 28-172a, and amendments
thereto.
(d) No medical care facility shall incur any civil, administrative or criminal liability as a result of
notifying or failing to notify any law enforcement agency if an examination has taken place solely
upon the request of the victim and such notification is not otherwise required by law.
(e) The Kansas bureau of investigation may adopt rules and regulations as deemed necessary to
implement the provisions of this section.
KENTUCKY
Summary: Kentucky does not have mandatory reporting in rape, sodomy or other sex
offense cases where the victim is an adult unless the perpetrator is the victim’s spouse. It
is mandatory to report incidents of domestic violence to the Kentucky Cabinet for Family
and Children. The statute which requires hospitals providing emergency services to have
staff available to provide forensic/medical exams without charge to the victim/patient is
conditioned upon the victim reporting to the police. If the test is done to collect evidence,
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then it can be reimbursed by the Crime Victims’ Compensation Board. It is mandatory to
report gunshot wounds.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE
KRS § 209.030. Administrative regulations – Reports of adult abuse, neglect, or
exploitation – Cabinet actions – Status and disposition reports.
(1) The secretary may promulgate administrative regulations in accordance with KRS Chapter
13A to effect the purposes of this chapter. While the cabinet shall continue to have primary
responsibility for investigation and the provision of protective services under this chapter,
nothing in this chapter shall restrict the powers of another authorized agency to act under its
statutory authority.
(2) Any person, including but not limited to physician, law enforcement officer, nurse, social
worker, cabinet personnel, coroner, medical examiner, alternate care facility employee, or
caretaker, having reasonable cause to suspect that an adult has suffered abuse, neglect, or
exploitation, shall report or cause reports to be made in accordance with the provisions of this
chapter. Death of the adult does not relieve one of the responsibility for reporting the
circumstances surrounding the death.
(3) An oral or written report shall be made immediately to the cabinet upon knowledge of
suspected abuse, neglect, or exploitation of an adult.
(4) Any person making such a report shall provide the following information, if known:
(a) The name and address of the adult, or of any other person responsible for his care;
(b) The age of the adult;
(c) The nature and extent of the abuse, neglect, or exploitation, including any evidence
of previous abuse, neglect, or exploitation;
(d) The identity of the perpetrator, if known;
(e) The identity of the complainant, if possible; and
(f) Any other information that the person believes might be helpful in establishing the
cause of abuse, neglect, or exploitation.
(5) Upon receipt of the report, the cabinet shall conduct an initial assessment and take the
following action:
(a) Notify within twenty-four (24) hours of the receipt of the report the appropriate law
enforcement agency. If information is gained through assessment or investigation
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relating to emergency circumstances or a potential crime, the cabinet shall immediately
notify and document notification to the appropriate law enforcement agency;
(b) Notify each appropriate authorized agency. The cabinet shall develop standardized
procedures for notifying each appropriate authorized agency when an investigation
begins and when conditions justify notification during the pendency of an investigation;
(c) Initiate an investigation of the complaint; and
(d) Make a written report of the initial findings together with a recommendation for
further action, if indicated.
(6)
(a) The cabinet shall, to the extent practicable, coordinate its investigation with the
appropriate law enforcement agency and, if indicated, any appropriate authorized
agency or agencies.
(b) The cabinet shall, to the extent practicable, support specialized multidisciplinary
teams to investigate reports made under this chapter. This team may include law
enforcement officers, social workers, Commonwealth’s attorneys and county attorneys,
representatives from other authorized agencies, medical professionals, and other
related professionals with investigative responsibilities, as necessary.
(7) Any representative of the cabinet may enter any health facility or health service licensed by
the cabinet at any reasonable time to carry out the cabinet’s responsibilities under this chapter.
Any representative of the cabinet actively involved in the conduct of an abuse, neglect, or
exploitation investigation under this chapter shall also be allowed access to financial records and
the mental and physical health records of the adult which are in the possession of any hospital,
firm, financial institution, corporation, or other facility if necessary to complete the investigation
mandated by this chapter. These records shall not be disclosed for any purpose other than the
purpose for which they have been obtained.
(8) Any representative of the cabinet may with consent of the adult or caretaker enter any
private premises where any adult alleged to be abused, neglected, or exploited is found in order
to investigate the need for protective services for the purpose of carrying out the provisions of
this chapter. If the adult or caretaker does not consent to the investigation, a search warrant
may be issued upon a showing of probable cause that an adult is being abused, neglected, or
exploited, to enable a representative of the cabinet to proceed with the investigation.
(9) If a determination has been made that protective services are necessary when indicated by
the investigation, the cabinet shall provide such services within budgetary limitations, except in
such cases where an adult chooses to refuse such services.
(10) In the event the adult elects to accept the protective services to be provided by the cabinet,
the caretaker shall not interfere with the cabinet when rendering such services.
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(11) The cabinet shall consult with local agencies and advocacy groups, including but not limited
to long-term care ombudsmen, law enforcement agencies, bankers, attorneys, providers of
nonemergency transportation services, and charitable and faith-based organizations, to
encourage the sharing of information, provision of training, and promotion of awareness of adult
abuse, neglect, and exploitation, crimes against the elderly, and adult protective services.
(12)
(a) By November 1 of each year and in accordance with state and federal confidentiality
and open records laws, each authorized agency that receives a report of adult abuse,
neglect, or exploitation shall submit a written report to the cabinet that provides the
current status or disposition of each case referred to that agency by the cabinet under
this chapter during the preceding year. The Elder Abuse Committee established in KRS
209.005 may recommend practices and procedures in its model protocol for reporting
to the cabinet under this section.
(b) By December 30 of each year, the cabinet shall provide a written report to the
Governor and the Legislative Research Commission that summarizes the status of and
actions taken on all reports received from authorized agencies and specific departments
within the cabinet under this subsection. The cabinet shall identify any report required
under paragraph (a) of this subsection that is not received by the cabinet. Identifying
information about individuals who are the subject of a report of suspected adult abuse,
neglect, or exploitation shall not be included in the report under this paragraph. The
report shall also include recommendations, as appropriate, to improve the coordination
of investigations and the provision of protective services. The cabinet shall make the
report available to community human services organizations and others upon request.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
2007 Bill Text KY S.B. 40. An Act relating to the required reporting of wounds.
SECTION 1. A NEW SECTION OF KRS CHAPTER 216 IS CREATED TO READ AS FOLLOWS:
[A> (1) A PHYSICIAN OR OTHER PERSON IN CHARGE OF CARE PROVIDED AT A HOSPITAL,
CLINIC, EMERGENCY CARE CENTER, OR OTHER HEALTH FACILITY LICENSED UNDER KRS
CHAPTER 216B SHALL REPORT AT ONCE TO THE LAW ENFORCEMENT AUTHORITIES
EVERY CASE INVOLVING THE TREATMENT OF: <A]
[A> (A) A BULLET WOUND, GUNSHOT WOUND, POWDER BURN, OR ANY OTHER INJURY
ARISING FROM OR CAUSED BY THE DISCHARGE OF A FIREARM; OR <A]
[A> (B) A WOUND WHICH IS LIKELY TO OR MAY RESULT IN DEATH AND IS ACTUALLY OR
APPARENTLY INFLICTED BY A KNIFE, ICE PICK, OR OTHER SHARP OR POINTED
INSTRUMENT. <A]
[A> (2) ANY PERSON ACTING UPON REASONABLE CAUSE IN THE MAKING OF A REPORT
OR ACTING UNDER THIS SECTION IN GOOD FAITH SHALL HAVE IMMUNITY FROM ANY
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LIABILITY, CIVIL OR CRIMINAL, THAT MIGHT OTHERWISE BE INCURRED OR IMPOSED.
ANY PERSON MAKING A REPORT UNDER THIS SECTION SHALL HAVE IMMUNITY WITH
RESPECT TO PARTICIPATION IN ANY JUDICIAL PROCEEDING RESULTING FROM THE
REPORT OR ACTION. <A]
[A> (3) THIS SECTION SHALL NOT BE CONSTRUED TO SUPERSEDE ANY OTHER
REPORTING REQUIREMENT UNDER LAW FOR THE REPORTING OF CRIMINAL ACTIVITY.
<A]
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
KRS § 216B.400. Emergency care – Examination services for victims of sexual offenses
– Examination expenses paid by Crime Victims’ Compensation Board – 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 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 in the Commonwealth
and credentialed by the Kentucky Board of Nursing as provided under KRS 314.142, or another
qualified medical professional, as defined by administrative regulation promulgated by the
Justice and Public Safety Cabinet in consultation with the Sexual Assault Response Team
Advisory Committee as defined in KRS 403.707, is available on call twenty-four (24) hours each
day for the examinations of persons seeking treatment as victims of sexual offenses as defined
by KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, 510.130,
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 KRS 216B.015. An
examination under this section shall apply only to an 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 developed by the Justice and Public
Safety Cabinet in consultation with the Sexual Assault Response Team Advisory Committee as
defined in KRS 403.707, and promulgated by the secretary of justice and public safety pursuant
to KRS Chapter 13A shall, upon the request of any peace officer or prosecuting attorney, and
with the consent of the victim, or upon the request of the victim, examine such person for the
purposes of providing basic medical care relating to the incident and gathering samples that may
be used as physical evidence. This examination shall include but not be limited to:
(a) Basic treatment and sample gathering services; and
(b) Laboratory tests, as appropriate.
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(5) Each victim shall be informed of available services for treatment of sexually transmitted
infections, pregnancy, and other medical and psychiatric problems. 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 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, and consent of the
parents or guardians of the minor is not required for the 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 Sexual Assault
Response Team Advisory Committee as defined in KRS 403.707.
(b) Upon receipt of a completed claim form supplied by the board and an itemized
billing for a forensic sexual assault examination or related services that are within the
scope of practice of the respective provider and were performed no more than twelve
(12) months prior to submission of the form, the board shall reimburse the hospital or
sexual assault examination facility, pharmacist, health department, physician, sexual
assault nurse examiner, or other qualified medical professional as provided in
administrative regulations promulgated by the board pursuant to KRS Chapter 13A.
Reimbursement shall be made to an out-of-state nurse who is credentialed in the other
state to provide sexual assault examinations, an out-of-state hospital, or an out-of-state
physician if the 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 may require
additional documentation or proof that the forensic medical 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 health department, the
sexual assault nurse examiner, other qualified medical 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 abuse and neglect of a
child, spouse, and other vulnerable adult is required, as set forth in KRS 209.030,
209A.030, and 620.030. No victim shall be denied an examination because the victim
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chooses not to file a police report, cooperate with law enforcement, or otherwise
participate in the criminal justice system.
(b) If the victim chooses to report to law enforcement, the hospital shall notify law
enforcement within twenty-four (24) hours.
(c)
1. All samples collected during an exam where the victim has chosen not to
immediately report to law enforcement shall be stored, released, and
destroyed, if appropriate, in accordance with an administrative regulation
promulgated by the Justice and Public Safety Cabinet in consultation with the
Sexual Assault Response Team Advisory Committee as defined in KRS 403.707.
2. Facilities collecting samples pursuant to this section may provide the
required secure storage, sample destruction, and related activities, or may
enter into agreements with other agencies qualified to do so, pursuant to
administrative regulation.
3. All samples collected pursuant to this section shall be stored for at least one
(1) year from the date of collection in accordance with the administrative
regulation promulgated pursuant to this subsection.
4. Notwithstanding KRS 524.140, samples collected during exams where the
victim chose not to report immediately or file a report within one (1) year after
collection may be destroyed as set forth in accordance with the administrative
regulation promulgated pursuant to this subsection. The victim shall be
informed of this process at the time of the examination. No hospital, sexual
assault examination facility, or designated storage facility shall be liable for
destruction of samples after the required storage period has expired.
107 KAR 2:010. Payment schedule for sexual assault examinations.
Section 1. Definitions.
(1) "Examination facility" means a sexual assault examination facility as defined in KRS
216B.015(26).
(2) "HIV" means human immunodeficiency virus.
(3) "Qualified medical professional" means any physician's assistant or advanced
practice registered nurse whose training and scope of practice include performance of
speculum examinations.
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(4) "Sexual assault examination" means the forensic-medical examination and related
services established by KRS 216B.400 and 502 KAR 12:010.
Section 2. Reimbursement for performing a sexual assault examination shall be the actual
amount billed and shall not exceed the following limits:
(1) A physician, sexual assault nurse examiner, or another qualified medical
professional performing the examination - $ 200;
(2) An examination facility for use of an emergency or examination room - $ 250;
(3) An examination facility or laboratory to perform diagnostic laboratory testing - $
100; and
(4) An examination facility for administered medications and pharmaceuticals
prescribed as a result of the examination and as part of basic treatment - $ 100.
Section 3. Reimbursement for additional services related to a sexual assault examination
requiring HIV postexposure prophylaxis shall be the actual amount billed and shall not exceed
the following limits:
(1) Three (3) follow-up examinations - $ 150, not to exceed a total of fifty (50) dollars
per examination;
(2) Laboratory testing:
(a) Initial testing conducted during the sexual assault examination in the
examination facility - $ 150; and
(b) Follow-up testing conducted during the three (3) follow-up examinations - $
215, not to exceed:
1. Fifty (50) dollars for testing conducted during day five (5) to day
seven (7) of prophylactic treatment;
2. Ninety (90) dollars for testing conducted after day twelve (12) of
prophylactic treatment; and
3. Seventy five (75) dollars for testing conducted near or at the end of
prophylactic treatment; and
(3) Medications:
(a) Twenty-eight (28) day supply of HIV prophylaxis medication - $ 800, not to
exceed:
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1. $ 200 for the first seven (7) day supply; and
2. $ 600 for the remaining twenty-one (21) day supply; and
(b) Twenty-eight (28) day supply of anti-nausea medication - not to exceed
thirty (30) dollars.
This is to certify that the Sexual Assault Response Team Advisory
Committee has consulted with the Crime Victims' Compensation Board
on this administrative regulation prior to its adoption, as required by
KRS 216B.400(8)(a).
LOUISIANA
Summary: There is no mandatory reporting requirement specific to sexual assault;
however, it is mandatory to report gunshot wounds and certain burns. No victim shall be
billed for a forensic examination. With the consent of the victim, the victim’s health
insurance company will be billed. In all other cases, or in the case of an uninsured
patient, the Crime Victims Reparations Fund will pay for the examination.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
La. R.S. § 14:403.5. Gunshot wounds; mandatory reporting.
A. The purpose of this Section is to aid law enforcement in combating violent crime through the
rapid identification and reporting of all gunshot wounds or injuries treated by any medical
professionals, practitioners, or associated personnel.
B. In every case of a gunshot wound or injury presented for treatment to a medical professional,
practitioner, or associated person, that professional, practitioner, or associated person shall
make an oral notification to either the sheriff of the parish in which the wounded person was
presented for treatment, or the chief or superintendent of police in the municipality in which the
wounded person was presented for treatment immediately after complying with all applicable
state and federal laws, rules, and regulations related to the treatment of emergencies and
before the wounded person is released from the hospital. A written notation of this action shall
be made on the emergency record.
C. The provisions of this Section shall not apply to any wounds or injuries received from the
firing of an air gun.
D. Any report of a gunshot wound or injury required to be reported by this Section which does
not result in criminal prosecution shall not become public record and shall be destroyed by the
law enforcement agency receiving the information.
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E. Any person who fails to file a report under this Section shall be fined not more than five
hundred dollars or imprisoned for not more than six months, or both. Any person who knowingly
files a false report under this Section shall be fined not more than five hundred dollars or
imprisoned for not more than six months, or both.
La. R.S. § 14:403.4. Burn injuries and wounds; reports; registry; immunity; penalties.
A. The purpose of this Section is to combat arson through the rapid identification and
apprehension of suspected arsonists who may suffer burn injuries during the commission of
their crimes. It is the further intent of this Section to provide for a central registry for burn
injuries and wounds data from which effective fire and arson prevention and fire safety
education programs may be developed.
B. Every case of a burn injury or wound in which the victim sustains second or third degree
burns to five percent or more of the body or any burns to the upper respiratory tract or
laryngeal edema due to the inhalation of super- heated air, and every case of a burn injury or
wound that is likely to or may result in death shall be reported to the office of state fire marshal,
code enforcement and building safety, hereinafter sometimes referred to as the “office”. The
office may notify the appropriate local or state investigatory agency or law enforcement agency
of the receipt of such report and its contents.
C.
(1) A report shall be made within two hours of the initial examination or treatment of
the victim. The report shall be made by the physician attending or treating the case, or
by the manager, superintendent, director, or other person in charge whenever such
case is treated in a hospital, burn center, sanitarium, or other medical facility. The
report may be recorded electronically or in any other suitable manner, by the office of
state fire marshal.
(2) The oral report shall contain the following information if known:
(a) Victim’s name, address, and date of birth.
(b) Address where the burn injury occurred.
(c) Date and time of the burn injury.
(d) Degree of burns and percent of body burned.
(e) Area of body injured.
(f) Injury severity.
(g) Apparent cause of burn injury.
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(h) Name and address of reporting facility.
(i) Name of the attending physician.
D.
(1) The office shall maintain a central registry of all reported cases of the treatment or
examination of persons with burn injuries or wounds. The registry may be used to
provide information to those agencies whose duties include the investigation into
possible arson activities.
(2) The office of state fire marshal may adopt rules and regulations as may be necessary
in carrying out the provisions of this Section. Specifically such rules shall provide for
cooperation with local investigatory and law enforcement agencies and may also
authorize law enforcement personnel and the state fire marshal to review those medical
records of reported victims that relate to the burn without the consent of the victim.
E. No cause of action shall exist against any person who in good faith makes a report pursuant
to this Section, cooperates in an investigation by any agency, or participates in any judicial
proceeding resulting from such report.
F. Any person who knowingly files a false report shall be fined not more than five hundred
dollars or imprisoned for not more than six months, or both.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
La. R.S. § 40:1300.41. Procedures for victims of a sexually-oriented criminal offense; immunity;
regional plans; maximum allowable costs; definitions.
A. All licensed hospitals and healthcare providers in Louisiana shall adhere to the following
procedures in the event that a person, male or female, presents himself or herself or is
presented for treatment as a victim of a sexually-oriented criminal offense:
(1) The victim shall make the decision of whether or not the incident will be reported to
law enforcement officials. No hospital or healthcare provider shall require the person to
report the incident in order to receive medical attention.
(2)
(a) If the victim does not wish to report the incident to law enforcement
officials, the victim shall be examined and treated as any other patient. Any
injuries requiring medical attention shall be treated in the standard manner.
Tests and treatments exclusive to a victim of a sexually-oriented criminal
offense shall be explained and offered to the patient. The patient shall decide
whether or not such tests shall be conducted.
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(b) Any examination and treatment shall include the preservation, in strict
confidentiality, for a period of at least one year from the time the victim is
presented for treatment, of tests or procedures, or both, and samples that may
serve as potential evidence. The patient shall be informed of the length of time
for which the specimens will be preserved. If the victim does not wish to report
the incident to law enforcement authorities, the responsibilities of the hospital
or healthcare provider, beyond medical treatment, shall be limited to the
collection of tests, procedures, or samples that may serve as potential evidence.
(c) Any evidence collected shall be assigned a code number and the hospital or
healthcare provider shall maintain code records for a period of at least one year
from the date the victim is presented for treatment. The hospital or healthcare
provider shall assign the code number by affixing to the evidence container a
code to be used in lieu of the victim’s identifying information to maintain
confidentiality. The code number is to be used for identification should the
victim later choose to report the incident.
(d) For unreported cases, once a code number has been assigned, custody of
the evidence shall be transferred to an appropriate criminal justice agency or
the local law enforcement agency having jurisdiction in the parish in which the
crime occurred or to the appropriate criminal justice agency or local law
enforcement agency having jurisdiction in the parish in which the hospital or
healthcare provider is located, if the jurisdiction of the crime is unknown, and
responsibility for the custody of the evidence shall belong to that criminal
justice agency or local law enforcement agency. The law enforcement agency
shall retrieve from the hospital or healthcare provider the evidence no later
than seven days after receiving notification that a code number has been
assigned to the evidence. The hospital or healthcare provider shall coordinate
the transfer of the evidence with the criminal justice agency or law
enforcement agency in a manner designed to protect its evidentiary integrity.
Evidence which is transferred to the custody of the appropriate criminal justice
agency or local law enforcement agency shall bear only the code number
assigned by the hospital or healthcare provider.
(3) If the victim wishes to report the incident to law enforcement officials, the hospital
staff or healthcare provider shall contact the appropriate law enforcement agency. After
the incident has been reported, the victim shall be examined and treated as any other
patient, any injuries requiring medical attention shall be treated in the standard
manner, and specimens shall be kept for evidence. The evidence shall be turned over to
the law enforcement officers when they arrive to assume responsibility for investigation
of the incident and in no event shall the evidence remain at the hospital more than
seven days after the law enforcement agency receives the notification from the hospital.
(4)
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(a) Notwithstanding any other provisions of this Section, if any person sixteen
years old or younger presents himself or herself or is presented for treatment
as a victim of a sexually-oriented criminal offense, the hospital or healthcare
provider shall immediately notify the appropriate law enforcement official. The
appropriate law enforcement official shall have seven days from the receipt of
the notification to retrieve any evidence collected by the hospital pursuant to
this Subparagraph.
(b) The coroner of the parish, the district attorney, appropriate law
enforcement officials, hospital personnel, and healthcare providers may
develop procedures pursuant to R.S. 15:440.1 through 440.6 to make a
videotape of the person provided for in Subparagraph (a) of this Paragraph
when a person fourteen years old or younger has been the victim of physical or
sexual abuse. The costs of such videotaping may be allocated among the
agencies and facilities involved.
(5) Notwithstanding any other provisions of this Section, if the victim is physically or
mentally incapable of making the decision to report, the hospital or healthcare provider
shall immediately notify the appropriate law enforcement officials.
(6) No hospital or healthcare provider shall directly bill a victim of a sexually-oriented
criminal offense for any healthcare services rendered in conducting a forensic medical
examination as provided for in R.S. 15:622. The expenses shall include the following:
(a) Forensic examiner and hospital or healthcare facility services directly
related to the exam, including integral forensic supplies.
(b) Scope procedures directly related to the forensic exam including but not
limited to anoscopy and colposcopy.
(c) Laboratory testing directly related to the forensic examination, including
drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia
culture, gonorrhea coverage culture, blood test for HIV screening, hepatitis B
and C, herpes culture, and any other sexually transmitted disease testing
directly related to the forensic examination.
(d) Any medication provided during the forensic medical examination.
(7) A healthcare provider may submit a claim for payment of healthcare services
rendered in conducting a forensic medical exam for a victim of a sexually- oriented
offense to any of the following:
(a) With the consent of the victim, to the victim’s health insurance issuer.
Notwithstanding any provision to the contrary, a health insurance issuer
receiving a claim for covered healthcare services rendered in conducting a
forensic medical exam shall waive any applicable deductible, co-insurance, and
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co-pay and the healthcare provider shall submit a claim to the Crime Victims
Reparations Fund for satisfaction of any non-covered services, not to exceed
one thousand dollars. In addition, the health insurance issuer shall allow the
victim to designate any address to be used for purposes of transmitting an
explanation of benefits or allow the victim to designate that no explanation of
benefits be generated or transmitted.
(b) The Louisiana Medicaid, Medicare, or Tricare programs, if the victim is
enrolled as beneficiary of any of these programs.
(c) If the victim does not consent to the healthcare provider submitting a claim
to his or her health insurance issuer or the victim is not otherwise insured, the
Crime Victims Reparations Board. The Crime Victims Reparations Board shall
reimburse at the rate as promulgated by the board for healthcare services
rendered but in no case shall reimburse in any amount greater than one
thousand dollars.
(8) Except for those services specifically set forth in the provision of this Section, no
other services shall be subject to the reimbursement or billing provisions of this Section
and shall continue to be reimbursable under the ordinary billing procedures of the
hospital or healthcare provider. In addition, a victim of a sexually- oriented offense may
seek reimbursement for these services through the Crime Victims Reparations Board.
(9) The department shall make available to every hospital and healthcare provider
licensed under the laws of this state a pamphlet containing an explanation of the billing
process for services rendered pursuant to this Section. Every hospital and healthcare
provider shall provide a copy of the pamphlet to any person presented for treatment as
a victim of a sexually-oriented criminal offense.
B.
(1) These procedures shall constitute minimum standards for the operation and
maintenance of hospitals under the provisions of this Part and failure to comply with the
standards shall constitute grounds for denial, suspension, or revocation of license under
provisions of this Part.
(2) Failure to comply with the provisions of this Section may constitute grounds for
denial, suspension, or revocation of the healthcare provider’s license by the appropriate
licensing board or commission.
C. When a licensed hospital or healthcare provider fails to examine and treat a person, male or
female, who has presented himself or herself or who has been presented as a victim of a
sexually-oriented criminal offense, the coroner of the parish or his designee shall examine the
alleged victim and, if necessary, make arrangements for the treatment of the victim. The coroner
may select the hospital or healthcare provider named as the lead entity for sexual assault
examinations in the regional plan required by this Section as his designee to perform the
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forensic medical examination. No coroner shall refuse to examine and assist an alleged victim on
the grounds the alleged offense occurred outside of or the victim is not a resident of the
jurisdiction. Nothing in this Subsection shall relieve a licensed hospital or healthcare provider of
its obligations under Subsections A and B of this Section.
D.
(1) Any member of the hospital staff or a healthcare provider who in good faith notifies
the appropriate law enforcement official pursuant to Paragraphs (A)(4) and (A)(5) of this
Section shall have immunity from any civil liability that otherwise might be incurred or
imposed because of the notification. The immunity shall extend to participation in any
judicial proceeding resulting from the report.
(2) The hospital or healthcare provider staff member who notifies the appropriate law
enforcement official shall document the date, time, and method of notification and the
name of the official who received the notification.
(3) On or before January first of each year, each law enforcement agency shall provide
each hospital located in its respective jurisdiction with the name of the responsible
contact person along with the responsible person’s contact information in order to
comply with the provisions of this Section.
E.
(1) The Department of Health and Hospitals, through the medical directors of each of its
nine regional health service districts, shall coordinate an annual sexual assault response
plan for each district. Each district shall submit a proposed plan for review by the
secretary no later than November first of each year. An approved plan shall become
effective February first of the following year.
(2) When developing the annual response plan, each district shall incorporate a sexual
assault response team protocol to the extent possible; however, at a minimum, each
district shall develop the annual plan to do all of the following:
(a) Provide an inventory of all available resources and existing infrastructure in
the region and clearly outline how the resources and infrastructure will be
incorporated in the most effective manner.
(b) Clearly outline the entity responsible for the purchase of sexual assault
collection kits and the standards and procedures for the storage of the kits prior
to use in a forensic medical examination.
(c) Clearly outline the standards and procedures for a victim to receive a
forensic medical examination, as defined in R.S. 15:622, to ensure access to
such an examination in every parish. The plan shall designate a hospital or
healthcare provider to be the lead entity for sexual assault examinations for
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adult victims and a hospital or healthcare provider to be the lead entity for
sexual assault examinations for pediatric victims. The plan shall also include
specific details directing first responders in the transport of victims of a
sexually-oriented crime, the appropriate party to perform the forensic medical
examination, and any required training for a person performing a forensic
medical examination.
(d) Clearly outline the standards and procedures for the handling and payment
of medical bills related to the forensic medical examination to clarify and
ensure that those standards and procedures are in compliance with this Section
and any other applicable section of law.
(e) Clearly outline the standards and procedures for the transfer of sexual
assault collection kits for both reported and unreported crimes to an
appropriate criminal justice agency or the local law enforcement agency having
jurisdiction in the parish in which the crime was committed, if known, or if
unknown, to an appropriate criminal justice agency or the local law
enforcement agency having jurisdiction in the parish in which the hospital or
healthcare provider is located. The plan shall include a maximum time period
for the transfer to occur not to exceed seven days after the criminal justice
agency or local law enforcement agency receives a request for the transfer from
the hospital or healthcare provider.
(3) When developing the annual response plan, the department shall solicit the input of
interested stakeholders in the region including but not limited to all of the following:
(a) The sheriff for each parish within the region.
(b) The chief of police for any political subdivision located within the region.
(c) All hospitals located within the region.
(d) The coroner for each parish within the region.
(e) First responder organizations located within the region.
(f) Higher education institutions located within the region.
(g) The school board for each parish located within the region.
(h) Sexual assault advocacy organizations and children’s advocacy centers
providing services within the region.
(i) The district attorney for each parish within the region or his designee.
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(j) Each crime lab located within the region.
(4) The annual response plan shall be approved by the stakeholders as provided for in
Paragraph (3) of this Subsection.
F. All sexual assault collection kits used in a forensic medical examination shall meet the
standards developed by the Department of Health and Hospitals and the Department of Public
Safety and Corrections.
G. For purposes of this Section the following definitions apply:
(1) “Forensic medical examination” has the same meaning as defined in R.S. 15:622.
(2) “Healthcare provider” means either of the following:
(a) A physician or other healthcare practitioner licensed, certified, registered,
or otherwise authorized to perform specified healthcare services consistent
with state law.
(b) A facility or institution providing healthcare services, including but not
limited to a hospital or other licensed inpatient center, ambulatory surgical or
treatment center, skilled nursing facility, inpatient hospice facility, residential
treatment center, diagnostic, laboratory, or imaging center, or rehabilitation or
other therapeutic health setting.
(3) “Healthcare services” means services, items, supplies, or drugs for the diagnosis,
prevention, treatment, cure, or relief of a health condition, illness, injury, or disease
ancillary to a sexually-oriented criminal offense.
(4) “Sexually-oriented criminal offense” has the same meaning as defined in R.S.
15:622.
MAINE
Summary: It is not mandatory in Maine to report sexual assault. It is mandatory to
report gunshot wounds. Victims’ compensation fund will pay for sexual assault forensic
examinations. The hospital may not identify victims when seeking reimbursement.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
17-A.M.R.S § 512. Failure to report treatment of a gunshot wound.
1. A person is guilty of failure to report treatment of a gunshot wound if, being a health care
practitioner or emergency medical services person, that person treats a human being for a
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wound apparently caused by the discharge of a firearm and knowingly fails to report the same to
a law enforcement agency immediately by the quickest means of communication.
2. Failure to report treatment of a gunshot wound is a Class E crime.
3. As used in this section, “health care practitioner” has the same meaning as in Title 24, section
2502, subsection 1-A, and “emergency medical services person” has the same meaning as in Title
32, section 83, subsection 12.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
§ 3360-M. Payment for forensic examinations for alleged victims of gross sexual
assault.
1. Payment. The board shall pay the costs of forensic examiner training as well as the costs of
forensic examinations for alleged victims of gross sexual assault from the Victims’ Compensation
Fund. The board shall track expenditures for forensic examinations separately from all other
expenditures. Forensic examination payments are not subject to any other provision of this
chapter.
2. Forensic examination; forensic examiner training and education. The board shall determine
by rule what a forensic examination may include for purposes of payment. An examination must
include at least all services directly related to the gathering of forensic evidence and related
testing and treatment for pregnancy and sexually transmitted diseases. The board shall pay a
licensed hospital or licensed health care practitioner the actual cost of the forensic examination
up to a maximum of $750.
The cost of sexual assault forensic examiner training and education provided by the
sexual assault forensic examiner program must be paid from the Victims’ Compensation
Fund in an amount that may not exceed $50,000 per year.
3. Process for payment. A licensed hospital or licensed health care practitioner that performs
forensic examinations for alleged victims of gross sexual assault shall submit a bill to the Victims’
Compensation Board directly for payment of the forensic examinations. The hospital or health
care practitioner that performs a forensic examination shall take steps necessary to ensure the
confidentiality of the alleged victim’s identity. The bill submitted by the hospital or health care
practitioner may not identify the alleged victim by name but must be assigned a tracking number
that corresponds to the forensic examination kit. The tracking number may not be the alleged
victim’s social security number. The hospital or health care practitioner that performs the
examination may not bill the alleged victim or the alleged victim’s insurer, nonprofit hospital or
medical service organization or health maintenance organization for payment of the
examination. The alleged victim is not required to report the alleged offense to a law
enforcement agency.
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4. Other reimbursement. The fact that forensic examinations are paid for separately through
the Victims’ Compensation Fund does not preclude alleged victims of gross sexual assault from
seeking reimbursement for expenses other than those for the forensic examination. A victim
seeking reimbursement from the Victims’ Compensation Fund for expenses other than the
forensic examination is subject to all other provisions of this chapter.
5. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5,
chapter 375, subchapter II-A.
24 M.R.S. § 2986 Performing forensic examinations for alleged victims of gross sexual
assault.
1. Standard forensic examination kit. All licensed hospitals and licensed health care
practitioners shall use a standard forensic examination kit developed and furnished by the
Department of Public Safety pursuant to Title 25, section 2915 to perform forensic examinations
for alleged victims of gross sexual assault.
2. Victims’ Compensation Board billing. All licensed hospitals and licensed health care
practitioners that perform forensic examinations for alleged victims of gross sexual assault shall
submit a bill to the Victims’ Compensation Board directly for payment of the forensic
examinations. The Victims’ Compensation Board shall determine what a forensic examination
includes pursuant to Title 5, section 3360-M. The hospital or health care practitioner that
performs a forensic examination shall take steps necessary to ensure the confidentiality of the
alleged victim’s identity. The bill submitted by the hospital or health care practitioner may not
identify the alleged victim by name but must be assigned a tracking number that corresponds to
the forensic examination kit. The tracking number may not be the alleged victim’s social security
number. The Victims’ Compensation Board shall pay the actual cost of the forensic examination
up to a maximum of $750. Licensed hospitals and licensed health care practitioners that perform
forensic examinations for alleged victims of gross sexual assault may not bill the alleged victim or
the alleged victim’s insurer, nonprofit hospital or medical service organization or health
maintenance organization for payment for the examination.
3. Completed kit. If the alleged victim has not reported the alleged offense to a law
enforcement agency when the examination is complete, the hospital or health care practitioner
shall then notify the nearest law enforcement agency, which shall transport and store the
completed forensic examination kit for at least 90 days. The completed kit may be identified only
by the tracking number. If during that 90-day period an alleged victim decides to report the
alleged offense to a law enforcement agency, the alleged victim may contact the hospital or
health care practitioner to determine the tracking number. The hospital or health care
practitioner shall provide the alleged victim with the tracking number on the forensic
examination kit and shall inform the alleged victim which law enforcement agency is storing the
kit.
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If the alleged victim reports the alleged offense to a law enforcement agency by the
time the examination is complete, the investigating agency shall retain custody of the
forensic examination kit.
If an examination is performed under subsection 5 and the alleged victim does not,
within 60 days, regain a state of consciousness adequate to decide whether or not to
report the alleged offense, the State may file a motion in the District Court relating to
storing or processing the forensic examination kit. Upon finding good cause and after
considering factors, including, but not limited to, the possible benefits to public safety in
processing the kit and the likelihood of the alleged victim’s regaining a state of
consciousness adequate to decide whether or not to report the alleged offense in a
reasonable time, the District Court may order either that the kit be stored for additional
time or that the kit be transported to the Maine State Police Crime Laboratory for
processing, or such other disposition that the court determines just. In the interests of
justice or upon motion by the State, the District Court may conduct hearings required
under this paragraph confidentially and in camera and may impound pleadings and
other records related to them.
4. Other payment. A licensed hospital or licensed health care practitioner is not precluded from
seeking other payment for treatment or services provided to an alleged victim that are outside
the scope of the forensic examination.
5. Implied consent. If an alleged victim of gross sexual assault is unconscious and a reasonable
person would conclude that exigent circumstances justify conducting a forensic examination, a
licensed hospital or licensed health care practitioner may perform an examination in accordance
with the provisions of this section.
A forensic examination kit completed in accordance with this subsection must be
treated in accordance with Title 25, section 3821 and must preserve the alleged victim’s
anonymity. In addition, the law enforcement agency shall immediately report to the
district attorney for the district in which the hospital or health care practitioner is
located that such a forensic examination has been performed and a forensic
examination kit has been completed under this subsection.
6. Liability. A licensed hospital or licensed health care practitioner in the exercise of due care is
not liable for an act done or omitted in performing a sexual assault forensic examination under
this section.
5 M.R.S. § 3360-M. Payment for forensic examinations for alleged victims of gross
assault.
1. Payment. The board shall pay the costs of forensic examiner training as well as the costs of
forensic examinations for alleged victims of gross sexual assault from the Victims’ Compensation
Fund. The board shall track expenditures for forensic examinations separately from all other
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expenditures. Forensic examination payments are not subject to any other provision of this
chapter.
2. Forensic examination; forensic examiner training and education. The board shall determine
by rule what a forensic examination may include for purposes of payment. An examination must
include at least all services directly related to the gathering of forensic evidence and related
testing and treatment for pregnancy and sexually transmitted diseases. The board shall pay a
licensed hospital or licensed health care practitioner the actual cost of the forensic examination
up to a maximum of $750.
The cost of sexual assault forensic examiner training and education provided by the
sexual assault forensic examiner program must be paid from the Victims’ Compensation
Fund in an amount that may not exceed $50,000 per year.
3. Process for payment. A licensed hospital or licensed health care practitioner that performs
forensic examinations for alleged victims of gross sexual assault shall submit a bill to the Victims’
Compensation Board directly for payment of the forensic examinations. The hospital or health
care practitioner that performs a forensic examination shall take steps necessary to ensure the
confidentiality of the alleged victim’s identity. The bill submitted by the hospital or health care
practitioner may not identify the alleged victim by name but must be assigned a tracking number
that corresponds to the forensic examination kit. The tracking number may not be the alleged
victim’s social security number. The hospital or health care practitioner that performs the
examination may not bill the alleged victim or the alleged victim’s insurer, nonprofit hospital or
medical service organization or health maintenance organization for payment of the
examination. The alleged victim is not required to report the alleged offense to a law
enforcement agency.
4. Other reimbursement. The fact that forensic examinations are paid for separately through
the Victims’ Compensation Fund does not preclude alleged victims of gross sexual assault from
seeking reimbursement for expenses other than those for the forensic examination. A victim
seeking reimbursement from the Victims’ Compensation Fund for expenses other than the
forensic examination is subject to all other provisions of this chapter.
5. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5,
chapter 375, subchapter II-A.
MARYLAND
Summary: It is not mandatory in Maryland to report sexual assault. It is mandatory to
report gunshot wounds.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Md. HEALTH-GENERAL Code Ann. § 20-703. Gunshot.
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(a) Required. -- A physician, pharmacist, dentist, or nurse who treats an individual for an injury
that was caused or shows evidence of having been caused by a gunshot of any type, or the
individual in charge of a hospital that treats the injured individual, shall notify the county sheriff,
the county police, or the Department of State Police of the injury as soon as practicable.
(b) Contents. -- A report of injury shall include:
(1) The injured individual's name and address, if known;
(2) A description of the injury; and
(3) Any other facts concerning the matter that might assist in detecting crime.
(c) Penalty. -- A person who fails to make a report required by this section is guilty of a
misdemeanor and on conviction is subject to a fine not exceeding $ 25.
MASSACHUSETTS
Summary: Massachusetts has mandatory rape reporting; however, the report may not
include the victim's name, address or any other identifying information. Massachusetts
also has a mandatory reporting requirement for gunshot wounds.
LAWS MANDATING RAPE REPORTING
ALM GL ch. 112, § 12A ½. Reporting of Rape or Sexual Assault Crimes; Confidentiality
of Victim’s Identity; Penalty.
Every physician attending, treating, or examining a victim of rape or sexual assault, or, whenever
any such case is treated in a hospital, sanatorium or other institution, the manager,
superintendent or other person in charge thereof, shall report such case at once to the
department of criminal justice information services and to the police of the town where the rape
or sexual assault occurred but shall not include the victim’s name, address, or any other
identifying information. The report shall describe the general area where the attack occurred.
Whoever violates any provision of this section shall be punished by a fine of not less than fifty
dollars nor more than one hundred dollars.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
ALM GL ch. 112, § 12A. Reports of Treatment of Certain Wounds; Exceptions; Penalty.
Every physician attending or treating a case of bullet wound, gunshot wound, powder burn or
any other injury arising from or caused by the discharge of a gun, pistol, BB gun, or other air rifle
or firearm, or examining or treating a person with a burn injury affecting five per cent or more of
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the surface area of his body, or, whenever any such case is treated in a hospital, sanatorium or
other institution, the manager, superintendent or other person in charge thereof, shall report
such case at once to the colonel of the state police and to the police of the town where such
physician, hospital, sanatorium or institution is located or, in the case of burn injuries,
notification shall be made at once to the state fire marshal and to the police of the town where
the burn injury occurred. This section shall not apply to such wounds, burns or injuries received
by any member of the armed forces of the United States or of the commonwealth while engaged
in the actual performance of duty. Every physician attending or treating a case of wound or
injury caused by a knife or sharp or pointed instrument shall, if in his opinion a criminal act was
involved, report such case forthwith to the police authorities of the town in which he attended
or treated such wound or injury. Whoever violates any provision of this section shall be punished
by a fine of not less than fifty nor more than one hundred dollars. The colonel of state police
shall make available to the commissioner of public health all reports regarding: (i) bullet wounds,
gunshot wounds, powder burns or any other injury arising from or caused by the discharge of a
rifle, shotgun, firearm or air rifle; (ii) burn injuries affecting 5 per cent or more of the surface
area of the human body; and (iii) wounds or injuries caused by a knife or other sharp or pointed
instrument; provided, however, that personal information identifying the victim or the
perpetrator may be redacted if the release of such information may compromise an
investigation.
In cases of examination or treatment of a person with injuries resulting from opiate, illegal or
illicit drug overdose, a hospital, community health center or clinic shall report information
related to the incident to the commissioner of public health in a manner determined by the
commissioner that complies with 42 U. S. C. section 290dd-2, 42 C. F. R. Part 2 and 45 C. F. R.
section 164.512. The department of public health may promulgate regulations to enforce this
section and to ensure that serious adverse drug events are reported to the Food and Drug
Administration’s MedWatch Program.
MICHIGAN
Summary: Mandatory reporting required is not specifically required for rape; however, it
is required where persons are suffering from a wound or other injury inflicted by means
of a knife, gun, pistol or other deadly weapon or other means of violence. No victim shall
pay for the cost of a forensic examination.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE
MCLS § 750.411. Hospitals, pharmacies, physicians; duty to report injuries; violation as
misdemeanor; immunity; limitations
(1) A person, firm, or corporation conducting a hospital or pharmacy in this state, the person
managing or in charge of a hospital or pharmacy, or the person in charge of a ward or part of a
hospital to which 1 or more persons come or are brought suffering from a wound or other injury
inflicted by means of a knife, gun, pistol, or other deadly weapon, or by other means of violence,
has a duty to report that fact immediately, both by telephone and in writing, to the chief of
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police or other head of the police force of the village or city in which the hospital or pharmacy is
located, or to the county sheriff if the hospital or pharmacy is located outside the incorporated
limits of a village or city. The report shall state the name and residence of the person, if known,
his or her whereabouts, and the cause, character, and extent of the injuries and may state the
identification of the perpetrator, if known.
(2) A physician or surgeon who has under his or her charge or care a person suffering from a
wound or injury inflicted in the manner described in subsection (1) has a duty to report that fact
in the same manner and to the same officer as required by subsection (1).
(3) A person, firm, or corporation that violates this section is guilty of a misdemeanor.
(4) To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to
691.1415, a person who makes a report in good faith under subsection (1) or (2) or who
cooperates in good faith in an investigation, civil proceeding, or criminal proceeding conducted
as a result of such a report is immune from civil or criminal liability that would otherwise be
incurred by making the report or cooperating in the investigation or civil or criminal proceeding.
A person who makes a report under subsection (1) or (2) or who cooperates in an investigation,
civil proceeding, or criminal proceeding conducted as a result of such a report is presumed to
have acted in good faith. The presumption created by this subsection may be rebutted only by
clear and convincing evidence.
(5) The immunity from civil and criminal liability granted under subsection (4) extends only to
the actions described in subsection (4) and does not extend to another act or omission that is
negligent or that amounts to professional malpractice, or both, and that causes personal injury
or death.
(6) The physician-patient privilege created under section 2157 of the revised judicature act of
1961, 1961 PA 236, MCL 600.2157, a health professional-patient privilege created under article
15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and any other health
professional-patient privilege created or recognized by law do not apply to a report made under
subsection (1) or (2), are not valid reasons for a failure to comply with subsection (1) or (2), and
are not a defense to a misdemeanor charge filed under this section.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
MCLS § 750.411
[See Above]
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
MCLS § 18.355a. Sexual assault medical forensic examination; payment to health care
provider; conditions; definitions.
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(1) A health care provider is eligible to be paid for a sexual assault medical forensic examination
under this section only if that examination includes all of the following:
(a) The collection of a medical history.
(b) A general medical examination, including, but not limited to, the use of laboratory
services and the dispensing of prescribed pharmaceutical items.
(c) One or more of the following:
(i) A detailed oral examination.
(ii) A detailed anal examination.
(iii) A detailed genital examination.
(d) Administration of a sexual assault evidence kit under section 21527 of the public
health code, 1978 PA 368, MCL 333.21527, and related medical procedures and
laboratory and pharmacological services.
(2) A health care provider shall not submit a bill for any portion of the costs of a sexual assault
medical forensic examination to the victim of the sexual assault, including any insurance
deductible or co-pay, denial of claim by an insurer, or any other out-of-pocket expense.
(3) A health care provider seeking payment under this section for a sexual assault medical
forensic examination shall do all of the following:
(a) Advise the victim, orally and in writing, that a claim shall not be submitted to his or
her insurance carrier without his or her express written consent, and that he or she may
decline to consent if he or she believes that submitting a claim to the insurance carrier
would substantially interfere with his or her personal privacy or safety.
(b) If the victim gives his or her consent as provided under subdivision (a), submit a
claim for the cost of a sexual assault medical forensic examination to the victim’s
insurance carrier, including, but not limited to, medicaid and medicare.
(4) A health care provider may seek payment from 1 or both of the following if reimbursement
cannot be obtained from the victim’s insurance or insurance is unavailable:
(a) The commission under this section.
(b) From another entity other than the victim.
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(5) A health care provider that is reimbursed for a sexual assault medical forensic examination
by a victim’s insurance carrier shall not submit to the commission any portion of the claim
reimbursable by the insurance carrier.
(6) A health care provider that is reimbursed for a sexual assault medical forensic examination
by another entity shall not submit to the commission any portion of the claim reimbursable by
the other entity.
(7) The commission shall pay a health care provider not more than $600.00 for the cost of
performing a sexual assault medical forensic examination, including, but not limited to, the cost
of 1 or more of the following:
(a) Not more than $400.00 for the use of an emergency room, clinic, or examination
room, and the sexual assault medical forensic examination and related procedures other
than services and items described in subdivisions (b) and (c).
(b) Not more than $125.00 for laboratory services.
(c) Not more than $75.00 for dispensing pharmaceutical items related to the sexual
assault.
(8) A claim for compensation under subsection (7) shall be submitted to the commission in a
form and in the manner prescribed by the commission.
(9) Except with the victim’s consent or as otherwise provided in this subsection, information
collected by the commission under this section that identifies a victim of sexual assault is exempt
from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, shall
not be obtained by subpoena or in discovery, and is inadmissible as evidence in any civil,
criminal, or administrative proceeding. Information collected by the commission under this
section that identifies a victim of sexual assault is confidential and shall only be used for the
purposes expressly provided in this act, including, but not limited to, investigating and
prosecuting a civil or criminal action for fraud related to reimbursement provided by the
commission under this section.
(10) A victim of sexual assault shall not be required to participate in the criminal justice system
or cooperate with law enforcement as a condition of being administered a sexual assault medical
forensic examination. For payments authorized under this section, the victim’s request for a
sexual assault medical forensic examination satisfies the requirements for prompt law
enforcement reporting and victim cooperation under sections 6 and 10.
(11) As used in this section:
(a) “Health care provider” means any of the following:
(i) A health professional licensed or registered under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838.
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(ii) A health facility or agency licensed under article 17 of the public health
code, 1978 PA 368, MCL 333.20101 to 333.22260.
(iii) A local health department as that term is defined in section 1105 of the
public health code, 1978 PA 368, MCL 333.1105.
(b) “Sexual assault” means a criminal violation of sections 520a to 520l of the Michigan
penal code, 1931 PA 328, MCL 750.520a to 750.520l.
(c) “Sexual assault medical forensic examination” means that term as described in
subsection (1)(a) to (d).
MINNESOTA
Summary: Minnesota does not have a mandatory reporting requirement for sexual
assaults against adults. Costs of a sexual assault forensic examination shall be paid by
the county when the purpose is to gather evidence. Health care providers are required to
report gunshot wounds, burns, and other injuries the medical provider has reasonable
cause to believe have been inflicted by a perpetrator of a crime by a dangerous weapon
other than a firearm.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Minn. Stat. § 626.52. Reporting Suspicious Wounds by Health Professionals.
Subdivision 1. Definition. — As used in this section, “health professional” means a physician,
surgeon, person authorized to engage in the practice of healing, superintendent or manager of a
hospital, nurse, or pharmacist.
Subd. 2. Health professionals required to report. — A health professional shall immediately
report, as provided under section 626.53, to the local police department or county sheriff all
bullet wounds, gunshot wounds, powder burns, or any other injury arising from, or caused by
the discharge of any gun, pistol, or any other firearm, which wound the health professional is
called upon to treat, dress, or bandage.
A health professional shall report to the proper police authorities any wound that the
reporter has reasonable cause to believe has been inflicted on a perpetrator of a crime
by a dangerous weapon other than a firearm as defined under section 609.02,
subdivision 6.
Subd. 3. Reporting burns. — A health professional shall file a written report with the state fire
marshal within 72 hours after being notified of a burn injury or wound that the professional is
called upon to treat, dress, or bandage, if the victim has sustained second- or third-degree burns
to five percent or more of the body, the victim has sustained burns to the upper respiratory tract
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or sustained laryngeal edema from inhaling superheated air, or the victim has sustained a burn
injury or wound that may result in the victim’s death. The state fire marshal shall provide the
form for the report.
Subd. 4. Immunity from liability. — Any person reporting in good faith and exercising due care
shall have immunity from any liability, civil or criminal, that otherwise might result by reason of
the person’s actions pursuant to this section or section 626.53. No cause of action may be
brought against any person for not making a report pursuant to this section or section 626.53.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Minn. Stat. § 609.35. Costs of Medical Examination.
(a) Costs incurred by a county, city, or private hospital or other emergency medical facility or by
a private physician for the examination of a victim of criminal sexual conduct when the
examination is performed for the purpose of gathering evidence shall be paid by the county in
which the criminal sexual conduct occurred. These costs include, but are not limited to, full cost
of the rape kit examination, associated tests relating to the complainant’s sexually transmitted
disease status, and pregnancy status.
(b) Nothing in this section shall be construed to limit the duties, responsibilities, or liabilities of
any insurer, whether public or private. However, a county may seek insurance reimbursement
from the victim’s insurer only if authorized by the victim. This authorization may only be sought
after the examination is performed. When seeking this authorization, the county shall inform the
victim that if the victim does not authorize this, the county is required by law to pay for the
examination and that the victim is in no way liable for these costs or obligated to authorize the
reimbursement.
(c) The applicability of this section does not depend upon whether the victim reports the
offense to law enforcement or the existence or status of any investigation or prosecution.
MISSISSIPPI
Summary: There is no mandatory reporting requirement for sexual assault. There is a
mandatory reporting requirement for gunshot and stab wounds. Sexual assault forensic
examinations are only paid for by the Division of Victim Compensation when the victim
cooperates with law enforcement.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Miss. Code Ann. § 45-9-31. Medical personnel required to report injuries from
gunshots, knifings, and hunting or boating accidents.
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Any physician, surgeon, dentist, veterinarian, paramedical employee, or nurse, or any employee
of a hospital, clinic, or any other medical institution or office where patients regularly receive
care, who treats, at any location, any human being suffering from a wound or injury and who has
reason to believe or ought to know that the wound or injury was caused by gunshot or knifing,
or receiving a request for such treatment, shall report the same immediately to the municipal
police department or sheriff’s office of the municipality or county in which such treatment is
administered or request for such treatment is received. If the wound or injury is the result of a
hunting or boating accident, the injury shall be reported immediately to the Mississippi
Department of Wildlife, Fisheries and Parks.
Any person making a report or the reports required by this section shall be immune from civil
liability for the making of the said reports.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Miss. Code Ann. § 99-37-25. Payment by Division of Victim Compensation of costs
associated with medical forensic examination and sexual assault evidence collection
kit; defendant to make restitution to Division of Victim Compensation.
(1) (a) When a person is brought into a doctor's office, a hospital or a medical clinic by a law
enforcement agency as the victim of an alleged rape or sexual assault having occurred in this
state, or comes into a doctor's office, a hospital or a medical clinic alleging rape or sexual assault
having occurred in this state, the bill for the medical forensic examination and the preparation of
the sexual assault evidence collection kit will be sent to the Division of Victim Compensation,
Office of the Attorney General. The Division of Victim Compensation shall pay for the medical
examination conducted for the procurement of evidence to aid in the investigation and
prosecution of the alleged offense. Such payment shall be limited to the customary and usual
hospital and physician charges for such services in the area. Such payment shall be made by the
Division of Victim Compensation directly to the health care provider. No bill for the examination
will be submitted to the victim, nor shall the medical facility hold the victim responsible for
payment. The victim may be billed for any further medical services not required for the
investigation and prosecution of the alleged offense. In cases where the damage caused by the
alleged sexual assault requires medical treatment or diagnosis in addition to the examination,
the patient will be given information about the availability of victim compensation and the
procedure for applying for such compensation.
(b) Upon application submitted by the district attorney, provided the proper warrant or
court order has been issued, the county in which an offense of sexual assault or of
felonious abuse or battery of a child as described in Section 97-5-39, touching or
handling a child for lustful purposes as described in Section 97-5-23, exploitation of
children as described in Section 97-5-33 or sexual battery as described in Section 97-3-
95, or statutory rape as defined in Section 97-3-65, or an attempt to commit such
offense has occurred shall pay for a medical forensic examination of the person
arrested, charged or convicted of such offense to determine if the person so arrested,
charged or convicted has any sexually transmitted disease and for the collection of
evidence. Such payment shall be made by the county directly to the health care provider
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or other service performing the collection of evidence and tests. At the victim's request,
a test for human immunodeficiency virus (HIV) shall be administered to the
defendant/accused not later than forty-eight (48) hours after the date on which the
information or indictment is presented, and the defendant/accused shall be subjected
to follow-up testing for HIV upon a determination that such follow-up testing is
medically necessary and reasonable. The results of any such test shall be confidential
but shall be made available to the victim or, if the victim is a child, to the guardian of the
victim. After an indictment, if the case is dismissed, the defendant is found not guilty or
the case is not prosecuted within three (3) years of the indictment, all records of tests
shall be returned to the accused or destroyed. Upon a showing of good cause, the court
may retain such records and allow a case to remain open after the expiration of the
three-year limitation provided herein.
(2) Any defendant who is convicted of, or pleads guilty or nolo contendere to, any offense or an
attempt to commit any such offense specified in subsection (1)(b) shall be ordered by the court
to make restitution to the Division of Victim Compensation in an amount equal to the
compensation paid by the Division of Victim Compensation to the victim or medical provider for
the medical forensic examination and to the county for tests for sexually transmitted diseases.
Such restitution shall be in addition to any restitution which the court orders the defendant to
pay the victim under the provisions of Chapter 37 of Title 99, (Sections 99-37-1 through 99-37-
21), Mississippi Code of 1972.
(3) The Division of Victim Compensation is hereby authorized, in its discretion, to make
application for and comply with such requirements as may be necessary to qualify for any
federal funds as may be available as a result of services rendered to crime victims under the
provisions of this section.
MISSOURI
Summary: Missouri does not have a statute that requires rape reporting. Gunshot
wounds are required to be reported. The department of public safety shall pay for the
forensic examination if a report of the examination is made on a form approved by the
attorney general.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
§ 578.350 R.S.Mo. Physicians, nurses, therapists, duty to repot, content – violation,
penalty [Effective until Jan. 1, 2017]
1. Any person licensed under chapter 334 or 335 who treats a person for a wound inflicted by
gunshot shall immediately report to a local law enforcement official the name and address of the
person, if known, and if unknown, a description of the person, together with an explanation of
the nature of the wound and the circumstances under which the treatment was rendered.
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2. Any person licensed under chapter 334 or 335 who knowingly fails to report the injuries
described in this section is guilty of the offense of medical deception.
3. Medical deception is an infraction.
§ 578.350 R.S.Mo. Medical deception – penalty – immunity, when [Effective Jan. 1,
2017]
1. A person licensed under chapter 334 or 335 who treats a person for a wound inflicted by
gunshot commits the infraction of medical deception if he or she knowingly fails to immediately
report to a local law enforcement official the name and address of the person, if known, and if
unknown, a description of the person, together with an explanation of the nature of the wound
and the circumstances under which the treatment was rendered.
2. A person licensed under chapter 334 or 335 who, in good faith, makes a report under this
section shall have immunity from civil liability that otherwise might result from such report and
shall have the same immunity with respect to any good faith participation in any judicial
proceeding in which the reported gunshot wound is an issue. Notwithstanding the provisions of
subdivision (5) of section 491.060, the existence of a physician-patient relationship shall not
prevent a physician from submitting the report required in this section, or testifying regarding
information acquired from a patient treated for a gunshot wound if such testimony is otherwise
admissible.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
§ 595.220 R.S.Mo. Forensic examinations, department of public safety to pay medical
providers, when – minor may consent to examination, when – attorney general to
develop forms – collection kits – definitions – rulemaking authority.
1. The department of public safety shall make payments to appropriate medical providers, out
of appropriations made for that purpose, to cover the reasonable charges of the forensic
examination of persons who may be a victim of a sexual offense if:
(1) The victim or the victim’s guardian consents in writing to the examination; and
(2) The report of the examination is made on a form approved by the attorney general
with the advice of the department of public safety. The department shall establish
maximum reimbursement rates for charges submitted under this section, which shall
reflect the reasonable cost of providing the forensic exam.
2. A minor may consent to examination under this section. Such consent is not subject to
disaffirmance because of minority, and consent of parent or guardian of the minor is not
required for such examination. The appropriate medical provider making the examination shall
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give written notice to the parent or guardian of a minor that such an examination has taken
place.
3. The attorney general, with the advice of the department of public safety, shall develop the
forms and procedures for gathering evidence during the forensic examination under the
provisions of this section. The department of health and senior services shall develop a checklist,
protocols, and procedures for appropriate medical providers to refer to while providing medical
treatment to victims of a sexual offense, including those specific to victims who are minors.
4. Evidentiary collection kits shall be developed and made available, subject to appropriation, to
appropriate medical providers by the highway patrol or its designees and eligible crime
laboratories. Such kits shall be distributed with the forms and procedures for gathering evidence
during forensic examinations of victims of a sexual offense to appropriate medical providers
upon request of the provider, in the amount requested, and at no charge to the medical
provider. All appropriate medical providers shall, with the written consent of the victim, perform
a forensic examination using the evidentiary collection kit, or other collection procedures
developed for victims who are minors, and forms and procedures for gathering evidence
following the checklist for any person presenting as a victim of a sexual offense.
5. In reviewing claims submitted under this section, the department shall first determine if the
claim was submitted within ninety days of the examination. If the claim is submitted within
ninety days, the department shall, at a minimum, use the following criteria in reviewing the
claim: examination charges submitted shall be itemized and fall within the definition of forensic
examination as defined in subdivision (3) of subsection 8 of this section.
6. All appropriate medical provider charges for eligible forensic examinations shall be billed to
and paid by the department of public safety. No appropriate medical provider conducting
forensic examinations and providing medical treatment to victims of sexual offenses shall charge
the victim for the forensic examination. For appropriate medical provider charges related to the
medical treatment of victims of sexual offenses, if the victim is an eligible claimant under the
crime victims’ compensation fund, the victim shall seek compensation under sections 595.010 to
595.075.
7. The department of public safety shall establish rules regarding the reimbursement of the
costs of forensic examinations for children under fourteen years of age, including establishing
conditions and definitions for emergency and nonemergency forensic examinations and may by
rule establish additional qualifications for appropriate medical providers performing
nonemergency forensic examinations for children under fourteen years of age. The department
shall provide reimbursement regardless of whether or not the findings indicate that the child
was abused.
8. For purposes of this section, the following terms mean:
(1) “Appropriate medical provider”:
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(a) Any licensed nurse, physician, or physician assistant, and any institution
employing licensed nurses, physicians, or physician assistants, provided that
such licensed professionals are the only persons at such institution to perform
tasks under the provisions of this section; or
(b) For the purposes of any nonemergency forensic examination of a child
under fourteen years of age, the department of public safety may establish
additional qualifications for any provider listed in paragraph (a) of this
subdivision under rules authorized under subsection 7 of this section;
(2) “Emergency forensic examination”, an examination of a person under fourteen
years of age that occurs within five days of the alleged sexual offense. The department
of public safety may further define the term emergency forensic examination by rule;
(3) “Evidentiary collection kit”, a kit used during a forensic examination that includes
materials necessary for appropriate medical providers to gather evidence in accordance
with the forms and procedures developed by the attorney general for forensic
examinations;
(4) “Forensic examination”, an examination performed by an appropriate medical
provider on a victim of an alleged sexual offense to gather evidence for the evidentiary
collection kit or using other collection procedures developed for victims who are minors;
(5) “Medical treatment”, the treatment of all injuries and health concerns resulting
directly from a patient’s sexual assault or victimization;
(6) “Nonemergency forensic examination”, an examination of a person under fourteen
years of age that occurs more than five days after the alleged sexual offense. The
department of public safety may further define the term nonemergency forensic
examination by rule.
9. The department shall have authority to promulgate rules and regulations necessary to
implement the provisions of this section. Any rule or portion of a rule, as that term is defined in
section 536.010, that is created under the authority delegated in this section shall become
effective only if it complies with and is subject to all of the provisions of chapter 536 and, if
applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the
powers vested with the general assembly pursuant to chapter 536 to review, to delay the
effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then
the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall
be invalid and void.
MONTANA
Summary: Montana does not have a duty to report sexual assault. It does have a duty to
report that a victim has been stabbed or shot. Law enforcement shall pay for a forensic
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examination when it is directed by the agency or when the evidence obtained is used for
the investigation, prosecution or resolution of an offense. The office of justice shall pay
for the medical examination if the cost is not the responsibility of local law enforcement.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
37-2-302, MCA. Gunshot or stab wounds to be reported.
The physician, nurse, or other person licensed to practice a health care profession treating the
victim of a gunshot wound or stabbing shall make a report to a law enforcement officer by the
fastest possible means. Within 24 hours after initial treatment or first observation of the wound,
a written report shall be submitted, including the name and address of the victim, if known, and
shall be sent by regular mail.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
46-15-411, MCA. Payment for medical evidence – alleged sexual offenses.
(1) The local law enforcement agency within whose jurisdiction an alleged incident of sexual
intercourse without consent, sexual assault, or incest occurs shall pay for the medical
examination of a victim of the alleged offense when the examination is directed by the agency or
when evidence obtained by the examination is used for the investigation, prosecution, or
resolution of an offense.
(2)
(a) The department of justice shall, as long as funds are available from an appropriation
made for this purpose, pay for the medical examination of a victim of an alleged
incident of sexual intercourse without consent, sexual assault, or incest if the cost is not
the responsibility of a local law enforcement agency under subsection (1).
(b) In administering the provisions of subsection (2)(a), the department shall:
(i) identify priorities for funding services, activities, and criteria for the receipt
of program funds;
(ii) monitor the expenditure of funds by organizations receiving funds under
this section;
(iii) evaluate the effectiveness of services and activities under this section; and
(iv) adopt rules necessary to implement this subsection (2).
(3) This section does not require a law enforcement agency or the state to pay any costs of
treatment for injuries resulting from the alleged offense.
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NEBRASKA
Summary: Nebraska does not have a specific requirement that rape be reported;
however, it has a requirement that wounds or injuries of violence which appear to have
been received in connection with the commission of a criminal offense be reported. A
forensic examination shall be paid for by the Sexual Assault Payment Program Cash
Fund.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE
R.R.S. Neb. § 28-902. Failure to report injury of violence; physician or surgeon;
emergency room or first-aid station attendant; penalty.
(1) Every person engaged in the practice of medicine and surgery, or who is in charge of any
emergency room or first-aid station in this state, shall report every case, in which he is consulted
for treatment or treats a wound or injury of violence which appears to have been received in
connection with the commission of a criminal offense, immediately to the chief of police of the
municipality or to the sheriff of the county wherein the consultation or treatment occurs. Such
report shall include the name of such person, the residence, if ascertainable, and a brief
description of the injury. Any provision of law or rule of evidence relative to confidential
communications is suspended insofar as the provisions of this section are concerned.
(2) Any person who fails to make the report required by subsection (1) of this section commits a
Class III misdemeanor.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
R.R.S. Neb. § 81-2010.03. Sexual assaults; forensic medical examination; payment;
forensic DNA testing; requirements. [Effective July 21, 2016; Operative July 1, 2017].
The full out-of-pocket cost or expense that may be charged to a sexual assault victim in
connection with a forensic medical examination shall be paid from the Sexual Assault Payment
Program Cash Fund. A report of a forensic medical examination shall not be remitted to the
patient or his or her insurance for payment.
Except as provided under section 81-2010, all forensic DNA tests shall be performed by a
laboratory which is accredited by the American Society of Crime Laboratory
Directors/Laboratory Accreditation Board or by any other national accrediting body or public
agency which has requirements that are substantially equivalent to or more comprehensive than
those of the society.
The full out-of-pocket cost or expense to be paid from the Sexual Assault Payment Program Cash
Fund for a forensic medical examination described in subsection (1) of this section shall include:
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An examiner’s fee for:
Examination of physical trauma;
(ii) Determination of penetration or force;
(iii) Patient interview; and
(iv) Collection and evaluation of evidence;
An examination facility fee for the:
Emergency room, clinic room, office room, or child advocacy center; and
(ii) Pelvic tray and other medically required supplies; and
The laboratory fees for collection and processing of specimens for criminal evidence, the
determination of the presence of any sexually transmitted disease, and pregnancy
testing.
There is established within the Department of Justice, under the direction of the Attorney
General, the position of administrator for the Sexual Assault Payment Program. The purpose of
the program and the responsibilities of the administrator shall be to coordinate the distribution
of forensic medical examination kits to health care providers at no cost to the providers, oversee
forensic medical examination training throughout the state, and coordinate payments from the
Sexual Assault Payment Program Cash Fund.
The Sexual Assault Payment Program Cash Fund is created. The fund shall be administered by
the commission. The fund shall consist of any money appropriated to it by the Legislature and
any money received by the commission for the program, including federal and other public and
private funds. The fund shall be used for the payment of the full out-of-pocket costs or expenses
for forensic medical examinations pursuant to subsection (3) of this section, for the purpose set
forth in subsection (4) of this section, and for the purchase of forensic medical examination kits.
The fund shall be used to pay only those charges determined by the commission to be
reasonable and fair. The fund shall be used to pay up to two hundred dollars for the examiner’s
fee and up to three hundred dollars for the examination facility fee. The examiner and facility
shall provide additional documentation as determined by the commission for payment of
charges in excess of such amounts. The fund may also be used to facilitate programs that reduce
or prevent the crimes of domestic violence, dating violence, sexual assault, stalking, child abuse,
child sexual assault, human trafficking, labor trafficking, or sex trafficking or that enhance the
safety of victims of such crimes. Any money in the fund available for investment shall be
invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the
Nebraska State Funds Investment Act.
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NEVADA
Summary: It is not mandatory to report sexual assault. It is mandatory to report knife
and gunshot wounds as well as certain burns. The filing of a report with law enforcement
is a prerequisite to receiving medical treatment at county expense for sexual assault.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Nev. Rev. Stat. Ann. § 629.041. Provider of health care to report persons having
certain injuries.
Every provider of health care to whom any person comes or is brought for treatment of an injury
which appears to have been inflicted by means of a firearm or knife, not under accidental
circumstances, shall promptly report the person’s name, if known, his or her location and the
character and extent of the injury to an appropriate law enforcement agency.
Nev. Rev. Stat. Ann. § 629.045. Provider of health care to report persons having
certain burns.
1. Every provider of health care to whom any person comes or is brought for the treatment of:
(a) Second or third degree burns to 5 percent or more of the body;
(b) Burns to the upper respiratory tract or laryngeal edema resulting from the
inhalation of heated air; or
(c) Burns which may result in death,
shall promptly report that information to the appropriate local fire department.
2. The report required by subsection 1 must include:
(a) The name and address of the person treated, if known;
(b) The location of the person treated; and
(c) The character and extent of the injuries.
3. A person required to make a report pursuant to subsection 1 shall, within 3 working days
after treating the person, submit a written report to:
(a) The appropriate local fire department in counties whose population is 45,000 or
more; or
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(b) The State Fire Marshal in counties whose population is less than 45,000.
The report must be on a form provided by the State Fire Marshal.
4. A provider of health care and his or her agents and employees are immune from any civil
action for any disclosures made in good faith in accordance with the provisions of this section or
any consequential damages.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Nev. Rev. Stat. Ann. § 217.310. Application for medical and psychological treatment of
victim and spouse; companionship during counseling; prerequisite to approval; certain
costs of treatment for victim of sexual assault or other eligible person to be charged to
county.
1. If any victim of sexual assault requires medical treatment for physical injuries as a result of
the sexual assault, in addition to any initial emergency medical care provided, or if any victim or
spouse of such a victim suffers emotional trauma as a result of the sexual assault, the victim or
spouse may, upon submitting an affidavit as required by subsection 2, apply to the board of
county commissioners in the county where the sexual assault occurred for treatment at county
expense.
2. The board shall approve an application for treatment upon receiving an affidavit from the
applicant declaring that:
(a) The applicant is a victim of sexual assault or spouse of such a victim;
(b) The sexual assault occurred in the county; and
(c) The victim requires medical treatment for physical injuries, or the victim or spouse
has suffered emotional trauma, as a result of the sexual assault.
3. A victim who has suffered emotional trauma may select a relative or close friend to receive
counseling with the victim if the counselor agrees that such companionship will be helpful to the
victim. If the victim's application for treatment is approved, counseling for the relative or friend
must also be approved.
4. A victim must file a report with the appropriate law enforcement agency or submit to a
forensic medical examination pursuant to NRS 217.300 as a prerequisite for the victim or any
other person eligible to qualify for treatment under the provisions of this section.
5. Whenever costs are incurred by a hospital for treatment which has been approved by the
board of county commissioners pursuant to this section for the victim of a sexual assault and any
other person eligible for treatment, the costs of the treatment, not to exceed $1,000, must be
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charged to the county which authorized the treatment. Any remainder must be handled the
same as other hospital costs.
Nev. Rev. Stat. Ann. § 449.244. Payment of cost of initial medical care of victim;
payment of costs incurred by hospital for forensic medical examination of victim.
1. The county in whose jurisdiction a sexual assault is committed shall:
(a) Pay any costs incurred for medical care for any physical injuries resulting from the
sexual assault which is provided to the victim not later than 72 hours after the victim
first arrives for treatment.
(b) Pay any costs incurred by a hospital for the forensic medical examination of the
victim.
2. Any costs incurred pursuant to subsection 1:
(a) Must not be charged directly to the victim of sexual assault.
(b) Must be charged to the county in whose jurisdiction the offense was committed.
3. The filing of a report with the appropriate law enforcement agency must not be a
prerequisite to qualify for a forensic medical examination pursuant to this section.
4. The costs associated with a forensic medical examination must not be included in the costs
for medical treatment pursuant to NRS 217.310.
5. As used in this section, “forensic medical examination” means an examination by a health
care provider to obtain evidence from a victim of sexual assault.
NEW HAMPSHIRE
Summary: Mandatory reporting is not required. There is a requirement that gunshot
wounds and other injuries caused by criminal acts be reported; however, there is an
exception for sexual assault victims 18 years and older not also suffering from a gunshot
wound or other serious bodily injury. The Department of Justice pays for the medical
services as long as the responsibility is not up to a third party or under a health insurance
policy and the examination is done to gather evidence of the crime.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE
RSA § 631:6. Failure to Report Injuries.
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I. Except as provided in paragraph II, a person is guilty of a misdemeanor if, having knowingly
treated or assisted another for a gunshot wound or for any other injury he believes to have been
caused by a criminal act, he fails immediately to notify a law enforcement official of all the
information he possesses concerning the injury.
II. A person who has rendered treatment or assistance is excepted from the reporting provisions
of paragraph I if the person seeking or receiving treatment or other assistance: (a) is 18 years of
age or older, (b) has been a victim of a sexual assault offense or abuse as defined in RSA 173-B:1,
and (c) objects to the release of any information to law enforcement officials. This exception
shall not apply if the sexual assault or abuse victim is also being treated for a gunshot wound or
other serious bodily injury.
III. [Repealed.]
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
RSA § 631:6. Failure to report Injuries.
[See Above]
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
RSA § 21-M:8-c. Victim of Alleged Sexual Offense.
If a physician or a hospital provides any physical examination of a victim of an alleged sexual
offense to gather information and evidence of the alleged crime, these services shall be provided
without charge to the individual. Upon submission of appropriate documentation, the physician
or hospital shall be reimbursed for the cost of such examination by the department of justice to
the extent such costs are not the responsibility of a third party under a health insurance policy or
similar third party obligation. The bill for the medical examination of a sexual assault victim shall
not be sent or given to the victim or the family of the victim. The privacy of the victim shall be
maintained to the extent possible during third party billings. Billing forms shall be subject to the
same principles of confidentiality applicable to any other medical record under RSA 151:13.
Where such forms are released for statistical or accounting services, all personal identifying
information shall be deleted from the forms prior to release.
NEW JERSEY
Summary: There is no requirement to report sexual assault. It is mandatory to report
gunshot wounds, stab wounds, wounds caused by weapons and certain burns. There is a
Statewide Sexual Assault Nurse Examiner Program Fund.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
N.J. Stat. § 2C:58-8. Certain wounds and injuries to be reported.
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a. Every case of a wound, burn or any other injury arising from or caused by a firearm,
destructive device, explosive or weapon shall be reported at once to the law enforcement
agency of the municipality where the person reporting is located and to the Division of State
Police by the physician consulted, attending or treating the case or the administrator or
administrator’s designee, whenever such case is presented for treatment or treated in a general
hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
This subsection shall not, however, apply to wounds, burns or injuries received by a member of
the armed forces of the United States or the State of New Jersey while engaged in the actual
performance of duty.
b. Every case which contains the criteria defined in this subsection shall be reported at once to
the law enforcement agency of the municipality where the person reporting is located, or to the
Division of State Police, by the physician consulted, attending, or treating the injury, or by the
administrator or administrator’s designee, whenever such case is presented for treatment or
treated in a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), or an
office where medical care is provided. This subsection shall not apply to injuries received by a
member of the armed forces of the United States or the State of New Jersey while engaged in
the actual performance of duty.
The defined criteria shall consist of a flame burn injury accompanied by one or more of the
following factors:
(1) A fire accelerant was used in the incident causing the injury and the presence of an
accelerant creates a reasonable suspicion that the patient committed arson in violation
of N.J.S.2C:17-1.
(2) Treatment for the injury was sought after an unreasonable delay of time.
(3) Changes or discrepancies in the account of the patient or accompanying person
concerning the cause of the injury which creates a reasonable suspicion that the patient
committed arson in violation of N.J.S.2C:17-1.
(4) Voluntary statement by the patient or accompanying person that the patient was
injured during the commission of arson in violation of N.J.S.2C:17-1.
(5) Voluntary statement by the patient or accompanying person that the patient was
injured during a suicide attempt or the commission of criminal homicide in violation of
N.J.S.2C:11-1.
(6) Voluntary statement by the patient or accompanying person that the patient has
exhibited fire setting behavior prior to the injury or has received counseling for such
behavior.
(7) Any other factor determined by the bureau of fire safety in the Department of
Community Affairs from information in the burn patient arson registry established
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under section 4 of P.L.1991, c.433 (C.52:27D-25d3) to typify a patient whose injuries
were caused during the commission of arson in violation of N.J.S.2C:17-1.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
N.J. Stat. § 52:4B-59. “Statewide Sexual Assault Nurse Examiner Program Fund.”
There is hereby established the “Statewide Sexual Assault Nurse Examiner Program Fund” as a
nonlapsing, revolving fund. This fund shall be administered by the Attorney General, and all
moneys deposited therein pursuant to section 11 of P.L. 2001, c. 81 (C. 2C:43-3.6) shall be used
in accordance with guidelines established by the Attorney General for the operational expenses
of the sexual assault nurse examiner program in each county. This fund shall be used in
coordination with and in supplementation of any available federal funding under the “Victims of
Crime Act of 1984,” 42 U.S.C. § 10601 et seq., or any other grant funding for this purpose.
N.J. Stat. § 26:2H-12.6c. Provision of emergency care to sexual assault victim.
An emergency health care facility shall provide emergency care to a sexual assault victim. It shall
be the standard of care for an emergency health care facility to:
a. provide each sexual assault victim with medically and factually accurate and
objective oral and written information about emergency contraception and sexually
transmitted diseases, as provided for in section 4 of this act;
b. orally inform each sexual assault victim of her option to be provided emergency
contraception at the health care facility; and
c. provide emergency contraception to the sexual assault victim, upon her request,
unless contraindicated. If the emergency contraceptive is in the form of pills, the
provision of the emergency contraception shall include the initial dose that the victim
may take at the emergency health care facility, as well as the follow-up dose that the
victim can self-administer later.
An emergency health care facility shall not be required to provide emergency contraception to a
sexual assault victim who is pregnant.
NEW MEXICO
Summary: There is no requirement to report a sexual assault. Victims are entitled to free
forensic examinations.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
N.M. Stat. Ann. § 29-11-7. Free forensic medical exams for victims of sexual crimes.
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The administrator shall:
A. provide free forensic medical exams to victims of sexual crimes;
B. arrange for victims of sexual crimes to obtain free forensic medical exams; or
C. reimburse victims of sexual crimes for the cost of forensic medical exams, provided
that:
(1) the reimbursement covers the full cost of the forensic medical exam,
without any deductible requirement or limit on the amount of the
reimbursement;
(2) the victim of a sexual crime is entitled to apply for reimbursement for a
period of one year from the date of the forensic medical exam;
(3) reimbursement is provided not later than ninety days after the
administrator receives written notification of the expense incurred by the
victim for the forensic medical exam; and
(4) all victims of sexual crimes, including victims with limited or no English
proficiency, are provided with information at the time of the forensic medical
exam regarding how to obtain reimbursement for the cost of the exam.
NEW YORK
Summary: There is no requirement to report rape in New York. There is a requirement to
report wounds caused by a gun, knife, ice pick or other sharp instrument as well as
certain burn injuries. Sexual assault forensic examinations will be paid for when the
crime is reported within a reasonable time.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
NY CLS Penal § 265.25. Certain wounds to be reported.
Every case of a bullet wound, gunshot wound, powder burn or any other injury arising from or
caused by the discharge of a gun or firearm, and every case of a wound which is likely to or may
result in death and is actually or apparently inflicted by a knife, icepick or other sharp or pointed
instrument, shall be reported at once to the police authorities of the city, town or village where
the person reporting is located by: (a) the physician attending or treating the case; or (b) the
manager, superintendent or other person in charge, whenever such case is treated in a hospital,
sanitarium or other institution. Failure to make such report is a class A misdemeanor. This
subdivision shall not apply to such wounds, burns or injuries received by a member of the armed
forces of the United States or the state of New York while engaged in the actual performance of
duty.
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NY CLS Penal § 265.26. Burn injury and wounds to be reported.
Every case of a burn injury or wound, where the victim sustained second or third degree burns to
five percent or more of the body and/or any burns to the upper respiratory tract or laryngeal
edema due to the inhalation of super-heated air, and every case of a burn injury or wound which
is likely to or may result in death, shall be reported at once to the office of fire prevention and
control. The state fire administrator shall accept the report and notify the proper investigatory
agency. A written report shall also be provided to the office of fire prevention and control within
seventy-two hours. The report shall be made by (a) the physician attending or treating the case;
or (b) the manager, superintendent or other person in charge, whenever such case is treated in a
hospital, sanitarium, institution or other medical facility.
The intentional failure to make such report is a class A misdemeanor.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
NY CLS Pub Health § 2805-i. Treatment of sexual offense victims and maintenance of
evidence in a sexual offense.
1. Every hospital providing treatment to alleged victims of a sexual offense shall be responsible
for:
(a) maintaining sexual offense evidence and the chain of custody as provided in
subdivision two of this section.
(b) contacting a rape crisis or victim assistance organization, if any, providing victim
assistance to the geographic area served by that hospital to establish the coordination
of non-medical services to sexual offense victims who request such coordination and
services.
(c) offering and making available appropriate HIV post-exposure treatment therapies;
including a seven day starter pack of HIV post-exposure prophylaxis, in cases where it
has been determined, in accordance with guidelines issued by the commissioner, that a
significant exposure to HIV has occurred, and informing the victim that payment
assistance for such therapies may be available from the office of victim services
pursuant to the provisions of article twenty-two of the executive law. With the consent
of the victim of a sexual assault, the hospital emergency room department shall provide
or arrange for an appointment for medical follow-up related to HIV post-exposure
prophylaxis and other care as appropriate.
2. The sexual offense evidence shall be collected and kept in a locked separate and secure area
for not less than thirty days unless: (a) such evidence is not privileged and the police request its
surrender before that time, which request shall be complied with; or (b) such evidence is
privileged and (i) the alleged sexual offense victim nevertheless gives permission to turn such
privileged evidence over to the police before that time, or (ii) the alleged sexual offense victim
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signs a statement directing the hospital to not collect and keep such privileged evidence, which
direction shall be complied with. The sexual offense evidence shall include, but not be limited to,
slides, cotton swabs, clothing and other items. Where appropriate such items must be
refrigerated and the clothes and swabs must be dried, stored in paper bags and labeled. Each
item of evidence shall be marked and logged with a code number corresponding to the patient’s
medical record. The alleged sexual offense victim shall be notified that after thirty days, the
refrigerated evidence will be discarded in compliance with state and local health codes and the
alleged sexual offense victim’s clothes will be returned to the alleged sexual offense victim upon
request.
3. Upon admittance or commencement of treatment of the alleged sexual offense victim, the
hospital shall advise the victim of the availability of the services of a local rape crisis or victim
assistance organization, if any, to accompany the victim through the sexual offense examination.
If after receiving such advice the sexual offense victim wishes the presence of a rape crisis or
victim assistance advocate, the hospital shall contact the appropriate organization and request
that one be provided, provided, however, that if in the professional judgment of the treating
practitioner a delay in treatment is detrimental to the provision of medical treatment, then
examination or treatment need not be delayed pending the arrival of such advocate and further
provided that the presence or continued presence of such advocate does not interfere with the
provision of necessary medical care to the victim.
4. No hospital or treating practitioner shall be liable in civil damages for failing to comply with
the requirements of subdivision one, two or three of this section or acting in good faith to
provide treatment as provided in subdivision three of this section.
4-a. On and after April first, two thousand one, a hospital providing treatment to alleged victims
of sexual offenses shall be eligible to receive from the division of criminal justice services, at no
cost, sexual offense evidence collection kits.
4-b.
(a) The commissioner shall, with the consent of the directors of interested hospitals in
the state and in consultation with the commissioner of the division of criminal justice
services, designate hospitals in the state as the sites of a twenty-four hour sexual assault
forensic examiner program. The hospital sites shall be designated in urban, suburban
and rural areas to give as many state residents as possible ready access to the sexual
assault forensic examiner program. The commissioner, in consultation with the
commissioner of the division of criminal justice services, shall consider the following
criteria when designating these sexual assault forensic examiner program sites:
(1) the location of the hospital;
(2) the hospital’s capacity to provide on-site comprehensive medical services to
victims of sexual offenses;
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(3) the capacity of the hospital site to coordinate services for victims of sexual
offenses including medical treatment, rape crisis counseling, psychological
support, law enforcement assistance and forensic evidence collection;
(4) the hospital’s capacity to provide access to the sexual assault forensic
examiner site for disabled victims;
(5) the hospital’s existing services for victims of sexual offenses;
(6) the capacity of the hospital site to collect uniform data and insure
confidentiality of such data; and
(7) the hospital’s compliance with state and federally mandated standards of
medical care.
(b) Each sexual assault forensic examiner program site designated pursuant to this
subdivision shall comply with the requirements of subdivisions one, two and three of
this section, and shall also provide treatment to the victim as follows:
(1) The victim shall, absent exigent circumstances, be met by a sexual assault
forensic examiner within sixty minutes of arriving at the hospital, who shall be a
nurse practitioner, physician assistant, registered nurse or physician specially
trained in forensic examination of sexual offense victims and the preservation
of forensic evidence in such cases and certified as qualified to provide such
services pursuant to regulations promulgated by the commissioner. Such
program shall assure that such a specially-trained forensic examiner is on-call
and available on a twenty-four hour a day basis every day of the year.
(2) An examination of the victim shall be performed promptly by such forensic
examiner in a private room designated for such examinations. An
obstetrician/gynecologist or other appropriate medical doctor shall be readily
available to the forensic examiner if there is a need for more specialized
medical evaluation or treatment.
(3) Promptly after the examination is completed, the victim shall be permitted
to shower, be provided with a change of clothing, and receive follow-up
information, counseling, medical treatment and referrals for same.
(c) Nothing in this subdivision shall affect the existence or continued existence of any
program in this state through which a trained nurse practitioner, physician assistant,
registered nurse or physician is providing appropriate forensic examinations and related
services to survivors of sexual assault.
5. The commissioner shall promulgate such rules and regulations as may be necessary and
proper to carry out effectively the provisions of this section. Prior to promulgating such rules and
regulations, the commissioner shall consult with relevant police agencies, forensic laboratories,
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rape crisis centers, hospitals, and other such persons as the commissioner deems necessary.
Such rules and regulations shall identify the offenses subject to the provisions of this section,
provide a specific definition of sexual offense evidence and require each hospital to contact its
local police agency and forensic laboratory to determine their specific needs or requirements.
6. On or before November thirtieth, two thousand two, the commissioner shall make a report to
the governor, the temporary president of the senate and the speaker of the assembly
concerning the sexual assault forensic examiner program established under subdivision four-b of
this section. Such report shall include an evaluation of the efficacy of such program in obtaining
useful forensic evidence in sexual offense cases and assuring quality treatment to sex offense
victims. Such report shall also recommend whether this program should be expanded and shall
estimate the financial cost, if any, of such expansion.
NY CLS Exec § 631. Awards.
1. No award shall be made unless the office finds that (a) a crime was committed, (b) such crime
directly resulted in personal physical injury to or the exacerbation of a preexisting disability, or
condition, or death of, the victim, and (c) criminal justice agency records show that such crime
was promptly reported to the proper authorities; and in no case may an award be made where
the criminal justice agency records show that such report was made more than one week after
the occurrence of such crime unless the office, for good cause shown, finds the delay to have
been justified; provided, however, in cases involving an alleged sex offense as contained in
article one hundred thirty of the penal law or incest as defined in section 255.25, 255.26 or
255.27 of the penal law or labor trafficking as defined in section 135.35 of the penal law or sex
trafficking as defined in section 230.34 of the penal law or an offense chargeable as a family
offense as described in section eight hundred twelve of the family court act or section 530.11 of
the criminal procedure law, the criminal justice agency report need only be made within a
reasonable time considering all the circumstances, including the victim’s physical, emotional and
mental condition and family situation. For the purposes of this subdivision, “criminal justice
agency” shall include, but not be limited to, a police department, a district attorney’s office, and
any other governmental agency having responsibility for the enforcement of the criminal laws of
the state provided, however, that in cases involving such sex offense a criminal justice agency
shall also mean a family court, a governmental agency responsible for child and/or adult
protective services pursuant to title six of article six of the social services law and/or title one of
article nine-B of the social services law, and any medical facility established under the laws of the
state that provides a forensic physical examination for victims of rape and sexual assault.
1-a. No award shall be made for a frivolous lawsuit unless the office finds that the victim has
been awarded costs pursuant to section eighty-three hundred three-a of the civil practice law
and rules and the individual responsible for the payment of costs is unable to pay such costs
provided, however, that in no event shall the amount of such costs exceed two thousand five
hundred dollars.
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2. Any award made pursuant to this article shall be in an amount not exceeding out-of-pocket
expenses, including indebtedness reasonably incurred for medical or other services necessary as
a result of the injury upon which the claim is based; loss of earnings or support resulting from
such injury not to exceed thirty thousand dollars; burial expenses not exceeding six thousand
dollars of a victim who died as a direct result of a crime; the costs of crime scene cleanup and
securing of a crime scene not exceeding twenty-five hundred dollars; reasonable relocation
expenses not exceeding twenty-five hundred dollars; and the unreimbursed cost of repair or
replacement of articles of essential personal property lost, damaged or destroyed as a direct
result of the crime. An award for loss of earnings shall include earnings lost by a parent or
guardian as a result of the hospitalization of a child victim under age eighteen for injuries
sustained as a direct result of a crime. In addition to the medical or other services necessary as a
result of the injury upon which the claim is based, an award may be made for rehabilitative
occupational training for the purpose of job retraining or similar employment-oriented
rehabilitative services based upon the claimant’s medical and employment history. For the
purpose of this subdivision, rehabilitative occupational training shall include but not be limited
to educational training and expenses. An award for rehabilitative occupational training may be
made to a victim, or to a family member of a victim where necessary as a direct result of a crime.
3. Any award made for loss of earnings or support shall, unless reduced pursuant to other
provisions of this article, be in an amount equal to the actual loss sustained, provided, however,
that no such award shall exceed six hundred dollars for each week of lost earnings or support.
Awards with respect to livery operator victims pursuant to paragraphs (f) and (g) of subdivision
one of section six hundred twenty-seven of this article shall be granted in the amount and in the
manner provided therein. The aggregate award for all such losses pursuant to this subdivision,
including any awards made pursuant to paragraphs (f) and (g) of subdivision one of section six
hundred twenty-seven of this article, shall not exceed thirty thousand dollars. If there are two or
more persons entitled to an award as a result of the death of a person which is the direct result
of a crime, the award shall be apportioned by the office among the claimants.
4. Any award made pursuant to this article shall be reduced by the amount of any payments
received or to be received by the claimant as a result of the injury (a) from or on behalf of the
person who committed the crime, (b) under insurance programs mandated by law, (c) from
public funds, (d) under any contract of insurance wherein the claimant is the insured or
beneficiary, (e) as an emergency award pursuant to section six hundred thirty of this article.
Notwithstanding the foregoing, where the person injured is a livery operator victim, because
undue hardship may result to the claimant if immediate payment is not made, any award
pursuant to paragraphs (f) and (g) of subdivision one of section six hundred twenty-seven of this
article shall be granted without reduction for workers’ compensation benefits to be received, if
any.
5.
(a) In determining the amount of an award, the office shall determine whether,
because of his conduct, the victim of such crime contributed to the infliction of his
injury, and the office shall reduce the amount of the award or reject the claim
altogether, in accordance with such determination.
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(b) Notwithstanding the provisions of paragraph (a) of this subdivision, the office shall
disregard for this purpose the responsibility of the victim for his own injury where the
record shows that the person injured was acting as a good samaritan, as defined in this
article.
(c) Notwithstanding any inconsistent provision of this article, where the person injured
acted as a good samaritan, the office may, without regard to the financial difficulty of
the claimant, make an award for out-of-pocket losses. Such award may also include
compensation for any loss of property up to five thousand dollars suffered by the victim
during the course of his actions as a good samaritan.
(d) Notwithstanding any inconsistent provision of this article, where a person acted as a
good samaritan, and was killed as a direct result of the crime, the office may, without
regard to the financial difficulty of the claimant, make a lump sum award to such
claimant for actual loss of support not to exceed thirty thousand dollars.
(e) Notwithstanding any inconsistent provision of this article, where a police officer or
firefighter, both paid and volunteer, dies from injuries received in the line of duty as a
direct result of a crime, the office may, without regard to the financial difficulty of the
claimant, make an award for the unreimbursed counseling expenses of the eligible
spouse, parents, brothers, sisters or children of such victim, and/or the reasonable
burial expenses incurred by the claimant.
6.
(a) Claims may be approved only if the office finds that unless the claimant’s award is
approved he or she will suffer financial difficulty. However, no finding of financial
difficulty is required for a claim for an emergency award or an award less than
1
ten
thousand dollars. In determining financial difficulty, the office shall consider all relevant
factors, including but not limited to:
(1) the number of claimant’s dependents;
(2) reasonable living expenses of the claimant and his family;
(3) any special health, rehabilitative or educational needs of the claimant and
his dependents;
(4) the claimant’s employment situation including income and potential
earning capacity;
(5) the claimant’s net financial resources after authorized deduction as
provided in paragraphs (b) and (c) of this subdivision;
(6) whether claimant’s financial resources will become exhausted during his
lifetime; and
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(7) the nature and the amount of claimant’s total debt and liabilities, including
the amount of debt incurred or to be incurred to pay for losses and expenses of
the crime, and the extent to which claimant’s essential assets will have to be
liquidated.
(b) Claimant’s net financial resources do not include the present value of future
earnings, and shall be determined by the office by deducting from his total financial
resources the value, within reasonable limits, of the following items:
(1) a homestead, not exceeding five hundred thousand dollars, or a total of ten
years’ rent for a renter;
(2) personal property consisting of clothing and strictly personal effects;
(3) household furniture, appliances and equipment;
(4) tools and equipment necessary for the claimant’s trade, occupation or
business;
(5) a family automobile;
(6) life insurance, except in death claims; and
(7) retirement, education and health plans or contributions to a retirement or
pension program including but not limited to contributions to: (i) employee
profit sharing plans, (ii) employee money purchase plans, (iii) 401 (k) plans, (iv)
simplified employee pensions (SEP), (v) individual retirement accounts (IRA), (vi)
403 (b) plans, (vii) 457 plans, (viii) Keogh plans, (self employed), and (ix) any
other plan or account for which contributions are made primarily for retirement
purposes.
(c) The office, after taking into consideration the claimant’s financial resources, may
exempt that portion of the victim’s or claimant’s annual income required to meet
reasonable living expenses and the value of inventory or other property necessary for
the claimant’s business or occupation or the production of income required to meet
reasonable living expenses. In no event shall the aggregate value of exemptions under
this paragraph exceed one hundred thousand dollars.
(d) Nothing contained in this subdivision shall be construed to mean that the office
must maintain the same standard of living enjoyed by the claimant prior to the death or
injury.
(e) The director shall promulgate such rules and regulations as are necessary for the
implementation of this section.
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7. Notwithstanding the provisions of subdivision six of this section, an award shall include out-
of-pocket expenses, including indebtedness reasonably incurred by the victim of a sex offense or
the person responsible for the victim of such sex offense, as such sex offense is defined in article
one hundred thirty of the penal law, for a hospital or medical examination in connection with
the investigation or prosecution of any such offense.
8. Notwithstanding the provisions of subdivisions one, two and three of this section, an elderly
or disabled victim who has not been physically injured as a direct result of a crime, shall only be
eligible for an award that includes the unreimbursed cost of repair or replacement of essential
personal property that has been lost, damaged or destroyed as a direct result of a crime,
transportation expenses incurred for necessary court appearances in connection with the
prosecution of such crimes and the unreimbursed cost of counselling provided to the elderly or
disabled victim on account of mental or emotional stress or financial counselling provided to the
elderly or disabled victim on account of financial difficulty resulting from the incident in which
the crime occurred if such counselling or financial counselling is commenced within one year
from the date of the incident.
9. Any award made for the cost of repair or replacement of essential personal property,
including cash losses of essential personal property, shall be limited to an amount of five
hundred dollars, except that all cash losses of essential personal property shall be limited to the
amount of one hundred dollars. In the case of medically necessary life-sustaining equipment
which was lost or damaged as the direct result of a crime, the award shall be limited to the
amount of ten thousand dollars.
10. Notwithstanding any contrary provision of law, an award shall include reasonable
transportation expenses incurred for necessary court appearances in connection with the
prosecution of such crimes upon which the claim is based.
11. Notwithstanding the provisions of subdivisions one, two and three of this section, an
individual who was a victim of either the crime of unlawful imprisonment in the first degree as
defined in section 135.10 of the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law or kidnapping in the first degree as defined in section 135.25 of the
penal law who has not been physically injured as a direct result of such crime shall only be
eligible for an award that includes loss of earnings or support and the unreimbursed costs of
counseling provided to such victim on account of mental or emotional stress resulting from the
incident in which the crime occurred.
12. Notwithstanding the provisions of subdivisions one, two and three of this section, an
individual who was a victim of either the crime of menacing in the second degree as defined in
subdivision two or three of section 120.14 of the penal law, menacing in the first degree as
defined in section 120.13 of the penal law, criminal obstruction of breathing or blood circulation
as defined in section 121.11 of the penal law, harassment in the second degree as defined in
subdivision two or three of section 240.26 of the penal law, harassment in the first degree as
defined in section 240.25 of the penal law, aggravated harassment in the second degree as
defined in subdivision five of section 240.30 of the penal law, aggravated harassment in the first
degree as defined in subdivision two of section 240.31 of the penal law, criminal contempt in the
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first degree as defined in paragraph (ii) or (iv) of subdivision (b) or subdivision (c) of section
215.51 of the penal law, or stalking in the fourth, third, second or first degree as defined in
sections 120.45, 120.50, 120.55 and 120.60 of the penal law, respectively, who has not been
physically injured as a direct result of such crime shall only be eligible for an award that includes
loss of earning or support, the unreimbursed cost of repair or replacement of essential personal
property that has been lost, damaged or destroyed as a direct result of such crime, the
unreimbursed cost for security devices to enhance the personal protection of such victim,
transportation expenses incurred for necessary court expenses in connection with the
prosecution of such crime, the unreimbursed costs of counseling provided to such victim on
account of mental or emotional stress resulting from the incident in which the crime occurred,
reasonable relocation expenses, and for occupational or job training.
13. Notwithstanding any other provision of law, rule, or regulation to the contrary, when any
New York state accredited hospital, accredited sexual assault examiner program, or licensed
health care provider furnishes services to any sexual assault survivor, including but not limited to
a health care forensic examination in accordance with the sex offense evidence collection
protocol and standards established by the department of health, such hospital, sexual assault
examiner program, or licensed healthcare provider shall provide such services to the person
without charge and shall bill the office directly. The office, in consultation with the department
of health, shall define the specific services to be covered by the sexual assault forensic exam
reimbursement fee, which must include at a minimum forensic examiner services, hospital or
healthcare facility services related to the exam, and related laboratory tests and necessary
pharmaceuticals; including but not limited to HIV post-exposure prophylaxis provided by a
hospital emergency room at the time of the forensic rape examination pursuant to paragraph (c)
of subdivision one of section twenty-eight hundred five-i of the public health law. Follow-up HIV
post-exposure prophylaxis costs shall continue to be reimbursed according to established office
procedure. The office, in consultation with the department of health, shall also generate the
necessary regulations and forms for the direct reimbursement procedure. The rate for
reimbursement shall be the amount of itemized charges not exceeding eight hundred dollars, to
be reviewed and adjusted annually by the office in consultation with the department of health.
The hospital, sexual assault examiner program, or licensed health care provider must accept this
fee as payment in full for these specified services. No additional billing of the survivor for said
services is permissible. A sexual assault survivor may voluntarily assign any private insurance
benefits to which she or he is entitled for the healthcare forensic examination, in which case the
hospital or healthcare provider may not charge the office. A hospital, sexual assault examiner
program or licensed health care provider shall, at the time of the initial visit, request assignment
of any private health insurance benefits to which the sexual assault survivor is entitled on a form
prescribed by the office; provided, however, such sexual assault survivor shall be advised orally
and in writing that he or she may decline to provide such information regarding private health
insurance benefits if he or she believes that the provision of such information would
substantially interfere with his or her personal privacy or safety and in such event, the sexual
assault forensic exam fee shall be paid by the office. Such sexual assault survivor shall also be
advised that providing such information may provide additional resources to pay for services to
other sexual assault victims. If he or she declines to provide such health insurance information,
he or she shall indicate such decision on the form provided by the hospital, sexual assault
examiner program or licensed health care provider, which form shall be prescribed by the office.
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14. Notwithstanding any inconsistent provision of this article, where a victim dies from injuries
received as a direct result of the World Trade Center terrorist attacks on September eleventh,
two thousand one, the office may make an award for the unreimbursed and unreimbursable
expense or indebtedness reasonably incurred for the cost of counseling for the eligible spouse,
grandparents, parents, stepparents, guardians, brothers, sisters, stepbrothers, stepsisters,
children, or stepchildren of such victim. Any award for such expense incurred on or before
December thirty-first, two thousand seven, shall be made without regard to the financial
difficulty of the claimant.
15. Notwithstanding any inconsistent provision of this article, where a victim is injured as a
direct result of the World Trade Center terrorist attacks on September eleventh, two thousand
one, the office may make an award for the unreimbursed and unreimbursable expense or
indebtedness reasonably incurred by the claimant for medical care or counseling services
necessary as a result of such injury. Any award for such expense or indebtedness incurred on or
before December thirty-first, two thousand seven, shall be made without regard to the financial
difficulty of the claimant.
16. Notwithstanding any inconsistent provision of this article, and without regard to the
financial difficulty of the claimant, where a victim dies from injuries received as a direct result of
the World Trade Center terrorist attacks on September eleventh, two thousand one, the office
may make an award of reasonable burial expenses for such victim.
17. Notwithstanding the provisions of subdivision one of this section, where a child victim has
not been physically injured as a direct result of a crime, or has witnessed a crime in which no
physical injury occurred, the claimant shall only be eligible for an award that includes the
unreimbursed cost of repair or replacement of essential personal property of the child victim
that has been lost, damaged or destroyed as a direct result of a crime, transportation expenses
incurred by the claimant for necessary court appearances of the child victim in connection with
the prosecution of such crimes, and, if counseling is commenced within one year from the date
of the incident or its discovery, (1) the unreimbursed cost of counseling provided to the child
victim on account of mental or emotional stress resulting from the incident in which the crime
occurred, and/or (2) the unreimbursed cost of counseling provided to the claimant eligible under
paragraph (h) of subdivision one of section six hundred twenty-four of this article and resulting
from the incident in which the crime occurred.
18. Notwithstanding any inconsistent provision of this article and subject to any applicable
maximum award limitations contained in this section, where a victim has died as a direct result
of the crime upon which the claim is based and the crime occurred in the residence of a person
eligible pursuant to paragraph (k) of subdivision one of section six hundred twenty-four of this
article, the office may make no more than one award for crime scene clean-up related to such
residence.
NORTH CAROLINA
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Summary: North Carolina does not have mandatory rape reporting. Forensic medical
examinations are paid for by the Assistance Program for Victims of Rape and Sex
Offenses. It is mandatory to report gunshot and stab wounds.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
N.C. Gen. Stat. § 90-21.20. Reporting by physicians and hospitals of wounds, injuries
and illnesses.
(a) Such cases of wounds, injuries or illnesses as are enumerated in subsection (b) shall be
reported as soon as it becomes practicable before, during or after completion of treatment of a
person suffering such wounds, injuries, or illnesses. If such case is treated in a hospital,
sanitarium or other medical institution or facility, such report shall be made by the Director,
Administrator, or other person designated by the Director or Administrator, or if such case is
treated elsewhere, such report shall be made by the physician or surgeon treating the case, to
the chief of police or the police authorities of the city or town of this State in which the hospital
or other institution, or place of treatment is located. If such hospital or other institution or place
of treatment is located outside the corporate limits of a city or town, then the report shall be
made by the proper person in the manner set forth above to the sheriff of the respective county
or to one of his deputies.
(b) Cases of wounds, injuries or illnesses which shall be reported by physicians, and hospitals
include every case of a bullet wound, gunshot wound, powder burn or any other injury arising
from or caused by, or appearing to arise from or be caused by, the discharge of a gun or firearm,
every case of illness apparently caused by poisoning, every case of a wound or injury caused, or
apparently caused, by a knife or sharp or pointed instrument if it appears to the physician or
surgeon treating the case that a criminal act was involved, and every case of a wound, injury or
illness in which there is grave bodily harm or grave illness if it appears to the physician or
surgeon treating the case that the wound, injury or illness resulted from a criminal act of
violence.
(c) Each report made pursuant to subsections (a) and (b) above shall state the name of the
wounded, ill or injured person, if known, and the age, sex, race, residence or present location, if
known, and the character and extent of his injuries.
(c1) In addition to the reporting requirements of subsection (b) of this section, cases involving
recurrent illness or serious physical injury to any child under the age of 18 years where the
illness or injury appears, in the physician's professional judgment, to be the result of non-
accidental trauma shall be reported by the physician as soon as it becomes practicable before,
during, or after completion of treatment. If the case is treated in a hospital, sanitarium, or other
medical institution or facility, the report shall be made by the Director, Administrator, or other
person designated by the Director or Administrator of the medical institution or facility, or if the
case is treated elsewhere, the report shall be made by the physician or surgeon treating the case
to the chief of police or the police authorities of the city or town in this State in which the
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hospital or other institution or place of treatment is located. If the hospital or other institution or
place of treatment is located outside the corporate limits of a city or town, then the report shall
be made by the proper person in the manner set forth above to the sheriff of the respective
county or to one of the sheriff's deputies. This reporting requirement is in addition to the duty
set forth in G.S. 7B-301 to report child abuse, neglect, dependence, or the death of any juvenile
as the result of maltreatment to the director of the department of social services in the county
where the juvenile resides or is found.
(d) Any hospital, sanitarium, or other like institution or Director, Administrator, or other
designated person, or physician or surgeon participating in good faith in the making of a report
pursuant to this section shall have immunity from any liability, civil or criminal, that might
otherwise be incurred or imposed as the result of the making of such report.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
N.C. Gen. Stat. § 143B-1200
(a) Establishment of Program. -- There is established an Assistance Program for Victims of Rape
and Sex Offenses, hereinafter referred to as the "Program." The Secretary shall administer and
implement the Program and shall have authority over all assistance awarded through the
Program. The Secretary shall promulgate rules and guidelines for the Program.
(b) Victims to Be Provided Free Forensic Medical Examinations. -- It is the policy of this State
to arrange for victims to obtain forensic medical examinations free of charge. Whenever a
forensic medical examination is conducted as a result of a sexual assault or an attempted sexual
assault that occurred in this State, the Program shall pay for the cost of the examination. A
medical facility or medical professional that performs a forensic medical examination on the
victim of a sexual assault or attempted sexual assault shall not seek payment for the
examination except from the Program.
(c) No Billing of Victim. -- A medical facility or medical professional that performs a forensic
medical examination shall accept payment made under this section as payment in full of the
amount owed for the cost of the examination and other eligible expenses and shall not bill
victims, their personal insurance, Medicaid, Medicare, or any other collateral source for the
examination. Furthermore, a medical facility or medical professional shall not seek
reimbursement from the Program after one year from the date of the examination.
(d) Eligible Expenses. -- Medical facilities and medical professionals who perform forensic
medical examinations shall do so using a Sexual Assault Evidence Collection Kit. Payments by the
Program for the forensic medical examination shall be limited to the following:
Service
Maximum Amount
Paid by Program
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Physician or SANE Nurse
$ 350.00
Hospital/Facility Fee
$ 250.00
Other Expenses Deemed Eligible
by the Program
$ 200.00
Total:
$ 800.00
(e) Payment Directly to Provider. -- The Program shall make payment directly to the medical
facility or medical professional. Bills submitted to the Program for payment shall specify under
which categories of expense set forth in subsection (d) of this section the billed services fall.
(f) Additional Victim Notification Requirements. -- A medical facility or medical professional
who performs a forensic medical examination shall encourage victims to submit an application
for reimbursement of medical expenses beyond the forensic examination to the Crime Victims
Compensation Commission for consideration of those expenses. Medical facilities and medical
professionals shall not seek reimbursement from the Program after one year from the date of
the exam.
(g) Judicial Review. -- Upon an adverse determination by the Secretary on a claim for assistance
under this Part, a victim is entitled to judicial review of that decision. The person seeking review
shall file a petition in the Superior Court of Wake County.
(h) The Secretary shall adopt rules to encourage, whenever practical, the use of licensed
registered nurses trained under G.S. 90-171.38(b) to conduct medical examinations and
procedures.
(i) Definitions. -- The following definitions apply in this section:
(1) Forensic medical examination. -- An examination provided to a sexual assault
victim by medical personnel trained to gather evidence of a sexual assault in a manner
suitable for use in a court of law. The examination should include at a minimum an
examination of physical trauma, a patient interview, a determination of penetration or
force, and a collection and evaluation of evidence. This definition shall be interpreted
consistently with 28 C.F.R. § 90.2(b) and other relevant federal law.
(2) SANE nurse. -- A Sexual Assault Nurse Examiner that is a licensed registered nurse
trained pursuant to G.S. 90-171.38(b) who obtains preliminary histories, conducts in-
depth interviews, and conducts medical examinations of rape victims or victims of
related sexual offenses.
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(3) Sexual assault. -- Any of the following crimes:
a. First-degree forcible rape as defined in G.S. 14-27.21.
b. Second-degree forcible rape as defined in G.S. 14-27.22.
c. First-degree statutory rape as defined in G.S. 14-27.24.
d. Statutory rape of a person who is 15 years of age or younger as defined in
G.S. 14-27.25.
e. First-degree forcible sexual offense as defined in G.S. 14-27.26.
f. Second-degree forcible sexual offense as defined in G.S. 14-27.27.
g. First-degree statutory sexual offense as defined in G.S. 14-27.29.
h. Statutory sexual offense with a person who is 15 years of age or younger as
defined in G.S. 14-27.30.
(4) Sexual Assault Evidence Collection Kit. -- The kit assembled and paid for by the
Program and used to conduct forensic medical examinations in this State.
NORTH DAKOTA
Summary: Mandatory reporting is not specifically required in North Dakota; however,
wounds, injury or physical trauma caused in violation of any criminal law are required to
be reported. Victims may only receive crime victims’ compensation if they report the
sexual assault to the police within 72 hours, unless there is good cause shown for the
delayed report.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
N.D. Cent. Code, § 43-17-41. Duty of physicians and others to report injury – Penalty.
1. Any physician, physician assistant, naturopath licensed under chapter 43-58, acupuncturist
licensed under chapter 43-61, or any individual licensed under chapter 43-12.1 who performs
any diagnosis or treatment for any individual suffering from any wound, injury, or other physical
trauma:
a. Inflicted by the individual’s own act or by the act of another by means of a knife, gun,
or pistol shall as soon as practicable report the wound, injury, or trauma to a law
enforcement agency in the county in which the care was rendered; or
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b. Which the individual performing diagnosis or treatment has reasonable cause to
suspect was inflicted in violation of any criminal law of this state, shall as soon as
practicable report the wound, injury, or trauma to a law enforcement agency in the
county in which the care was rendered.
2. The report under subsection 1 must state the name of the injured individual and the
character and extent of the individual’s injuries, except when the individual’s physical injury is
the result of a sexual offense, as defined in chapter 12.1-20, in which case the individual’s name,
address, and any identifying information may not be included in the report without the
individual’s written release.
3. When a report of domestic violence, as defined in section 14-07.1-01, or a report of physical
injury resulting from a sexual offense, as defined in chapter 12.1-20, is made to a law
enforcement agency as required by this section, the injured individual must be provided with
information regarding a domestic violence sexual assault organization as defined in section 14-
07.1-01 or other victims’ assistance program by the physician, physician assistant, naturopath,
acupuncturist licensed under chapter 43-61, or any individual licensed under chapter 43-12.1,
unless it is known that the information has previously been provided to the injured individual.
4. The reports mandated by this section must be made as soon as practicable and may be either
oral or in writing. Oral reports must be followed by written reports within forty-eight hours if so
requested by the sheriff or state’s attorney to whom the oral report is originally made.
5. Any individual required to report as provided by this section who willfully fails to do so is
guilty of an infraction.
6. Any individual making or not making a report in good faith pursuant to this section is immune
from liability for making or not making a report.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
N.D. Cent. Code, § 54-23.4-06. Application for compensation – Awards – Limitations on
awards.
1. An applicant for an award of compensation shall apply in writing in a form that conforms
substantially to that prescribed by the division. If a resident of this state is a victim of criminally
injurious conduct, but the criminally injurious conduct occurred outside the geographical
boundaries of this state, the resident has the same rights under this chapter as if the criminally
injurious conduct occurred within this state upon a showing that the state, territory, country, or
political subdivision of the country in which the criminally injurious conduct occurred does not
have a crime victims compensation law which covers the bodily injury or death of the victim.
2. A claim for compensation must be filed within one year from the date the criminally injurious
conduct was reported to a law enforcement officer. The division may extend the time for filing if
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it determines that the interests of justice so require. There is no appeal from a decision of the
division not to extend the filing time, not to reopen, or not to reinvestigate a claim.
3. Compensation may not be awarded to a claimant who is the offender or an accomplice of the
offender, nor to any claimant if the award would unjustly benefit the offender or an accomplice.
4. Compensation may not be awarded unless the criminally injurious conduct resulting in injury
or death was reported to a law enforcement officer within ninety-six hours after its occurrence
or the division finds there was good cause for the failure to report within that time. In the case
of child abuse or sexual molestation of a child, the criminally injurious conduct must be reported
to a law enforcement officer within three years after the child reaches the age of majority.
5. The division, upon finding that the claimant has not fully cooperated with appropriate law
enforcement agencies, may deny, reconsider, or reduce an award of compensation.
6. Compensation otherwise payable to a claimant must be reduced or denied:
a. To the extent the economic loss upon which the claim is based is recouped from
other persons, including collateral sources;
b. To the extent the division deems reasonable because of the contributory misconduct
of the claimant or of a victim on whose behalf compensation is claimed; and
c. To the extent the division deems reasonable when it is determined that a victim was
under the influence of an alcoholic beverage or a controlled substance at the time the
criminally injurious conduct occurred and the victim’s intoxication was a factor causing
the criminally injurious conduct.
7. Compensation for work loss, replacement services loss, dependent’s economic loss, and
dependent’s replacement services loss may not exceed three hundred dollars per week.
8. Compensation payable to a victim and to all other claimants sustaining economic loss
because of injury to or death of that victim may not exceed twenty-five thousand dollars in the
aggregate. If a resident of this state is the victim of criminally injurious conduct outside the
geographical boundaries of this state and the total amount of crime victims compensation
benefits payable where the criminally injurious conduct occurred is less than twenty-five
thousand dollars, the division may pay additional compensation to the victim. The maximum
additional compensation the division may pay is the difference between twenty-five thousand
dollars and the total amount of crime victims compensation benefits payable where the
criminally injurious conduct occurred.
OHIO
Summary: Mandatory reporting of rape by medical personnel is not specifically required;
however, gunshot wounds, stab wounds, serious physical harm that there is reason to
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believe resulted from an offense of violence and second degree burns or higher must be
reported. Note that it is a misdemeanor for any person having knowledge that a felony
has been committed to knowingly fail to report it. Hospitals and medical facilities can be
reimbursed for doing forensic examinations when they are done for the purpose of
gathering physical evidence for a possible prosecution.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
ORC Ann. 2921.22. Failure to report a crime or knowledge of a death or burn injury.
(A)
(1) Except as provided in division (A)(2) of this section, no person, knowing that a felony
has been or is being committed, shall knowingly fail to report such information to law
enforcement authorities.
(2) No person, knowing that a violation of division (B) of section 2913.04 of the Revised
Code has been, or is being committed or that the person has received information
derived from such a violation, shall knowingly fail to report the violation to law
enforcement authorities.
(B) Except for conditions that are within the scope of division (E) of this section, no physician,
limited practitioner, nurse, or other person giving aid to a sick or injured person shall negligently
fail to report to law enforcement authorities any gunshot or stab wound treated or observed by
the physician, limited practitioner, nurse, or person, or any serious physical harm to persons that
the physician, limited practitioner, nurse, or person knows or has reasonable cause to believe
resulted from an offense of violence.
(C) No person who discovers the body or acquires the first knowledge of the death of a person
shall fail to report the death immediately to a physician whom the person knows to be treating
the deceased for a condition from which death at such time would not be unexpected, or to a
law enforcement officer, an ambulance service, an emergency squad, or the coroner in a political
subdivision in which the body is discovered, the death is believed to have occurred, or
knowledge concerning the death is obtained.
(D) No person shall fail to provide upon request of the person to whom a report required by
division (C) of this section was made, or to any law enforcement officer who has reasonable
cause to assert the authority to investigate the circumstances surrounding the death, any facts
within the person’s knowledge that may have a bearing on the investigation of the death.
(E)
(1) As used in this division, “burn injury” means any of the following:
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(a) Second or third degree burns;
(b) Any burns to the upper respiratory tract or laryngeal edema due to the
inhalation of superheated air;
(c) Any burn injury or wound that may result in death;
(d) Any physical harm to persons caused by or as the result of the use of
fireworks, novelties and trick noisemakers, and wire sparklers, as each is
defined by section 3743.01 of the Revised Code.
(2) No physician, nurse, or limited practitioner who, outside a hospital, sanitarium, or
other medical facility, attends or treats a person who has sustained a burn injury that is
inflicted by an explosion or other incendiary device or that shows evidence of having
been inflicted in a violent, malicious, or criminal manner shall fail to report the burn
injury immediately to the local arson, or fire and explosion investigation, bureau, if
there is a bureau of this type in the jurisdiction in which the person is attended or
treated, or otherwise to local law enforcement authorities.
(3) No manager, superintendent, or other person in charge of a hospital, sanitarium, or
other medical facility in which a person is attended or treated for any burn injury that is
inflicted by an explosion or other incendiary device or that shows evidence of having
been inflicted in a violent, malicious, or criminal manner shall fail to report the burn
injury immediately to the local arson, or fire and explosion investigation, bureau, if
there is a bureau of this type in the jurisdiction in which the person is attended or
treated, or otherwise to local law enforcement authorities.
(4) No person who is required to report any burn injury under division (E)(2) or (3) of
this section shall fail to file, within three working days after attending or treating the
victim, a written report of the burn injury with the office of the state fire marshal. The
report shall comply with the uniform standard developed by the state fire marshal
pursuant to division (A)(15) of section 3737.22 of the Revised Code.
(5) Anyone participating in the making of reports under division (E) of this section or
anyone participating in a judicial proceeding resulting from the reports is immune from
any civil or criminal liability that otherwise might be incurred or imposed as a result of
such actions. Notwithstanding section 4731.22 of the Revised Code, the physician-
patient relationship is not a ground for excluding evidence regarding a person’s burn
injury or the cause of the burn injury in any judicial proceeding resulting from a report
submitted under division (E) of this section.
(F)
(1) Any doctor of medicine or osteopathic medicine, hospital intern or resident,
registered or licensed practical nurse, psychologist, social worker, independent social
worker, social work assistant, licensed professional clinical counselor, licensed
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professional counselor, independent marriage and family therapist, or marriage and
family therapist who knows or has reasonable cause to believe that a patient or client
has been the victim of domestic violence, as defined in section 3113.31 of the Revised
Code, shall note that knowledge or belief and the basis for it in the patient’s or client’s
records.
(2) Notwithstanding section 4731.22 of the Revised Code, the doctor-patient privilege
shall not be a ground for excluding any information regarding the report containing the
knowledge or belief noted under division (F)(1) of this section, and the information may
be admitted as evidence in accordance with the Rules of Evidence.
(G) Divisions (A) and (D) of this section do not require disclosure of information, when any of the
following applies:
(1) The information is privileged by reason of the relationship between attorney and
client; doctor and patient; licensed psychologist or licensed school psychologist and
client; licensed professional clinical counselor, licensed professional counselor,
independent social worker, social worker, independent marriage and family therapist, or
marriage and family therapist and client; member of the clergy, rabbi, minister, or priest
and any person communicating information confidentially to the member of the clergy,
rabbi, minister, or priest for a religious counseling purpose of a professional character;
husband and wife; or a communications assistant and those who are a party to a
telecommunications relay service call.
(2) The information would tend to incriminate a member of the actor’s immediate
family.
(3) Disclosure of the information would amount to revealing a news source, privileged
under section 2739.04 or 2739.12 of the Revised Code.
(4) Disclosure of the information would amount to disclosure by a member of the
ordained clergy of an organized religious body of a confidential communication made to
that member of the clergy in that member’s capacity as a member of the clergy by a
person seeking the aid or counsel of that member of the clergy.
(5) Disclosure would amount to revealing information acquired by the actor in the
course of the actor’s duties in connection with a bona fide program of treatment or
services for drug dependent persons or persons in danger of drug dependence, which
program is maintained or conducted by a hospital, clinic, person, agency, or services
provider certified pursuant to section 5119.36 of the Revised Code.
(6) Disclosure would amount to revealing information acquired by the actor in the
course of the actor’s duties in connection with a bona fide program for providing
counseling services to victims of crimes that are violations of section 2907.02 or 2907.05
of the Revised Code or to victims of felonious sexual penetration in violation of former
section 2907.12 of the Revised Code. As used in this division, “counseling services”
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include services provided in an informal setting by a person who, by education or
experience, is competent to provide those services.
(H) No disclosure of information pursuant to this section gives rise to any liability or
recrimination for a breach of privilege or confidence.
(I) Whoever violates division (A) or (B) of this section is guilty of failure to report a crime.
Violation of division (A)(1) of this section is a misdemeanor of the fourth degree. Violation of
division (A)(2) or (B) of this section is a misdemeanor of the second degree.
(J) Whoever violates division (C) or (D) of this section is guilty of failure to report knowledge of a
death, a misdemeanor of the fourth degree.
(K)
(1) Whoever negligently violates division (E) of this section is guilty of a minor
misdemeanor.
(2) Whoever knowingly violates division (E) of this section is guilty of a misdemeanor of
the second degree.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
ORC Ann. § 2907.28. Payment of cost of medical examination and test of victim or
accused.
(A) Any cost incurred by a hospital or emergency medical facility in conducting a medical
examination of a victim of an offense under any provision of sections 2907.02 to 2907.06 of the
Revised Code for the purpose of gathering physical evidence for a possible prosecution, including
the cost of any antibiotics administered as part of the examination and the cost of HIV post-
exposure prophylaxis provided as part of the examination, shall be paid out of the reparations
fund established pursuant to section 2743.191 of the Revised Code, subject to the following
conditions:
(1) The hospital or emergency facility shall follow a protocol for conducting such
medical examinations that is identified by the attorney general in rule adopted in
accordance with Chapter 119. of the Revised Code.
(2) The hospital or emergency facility shall submit requests for payment to the attorney
general on a monthly basis, through a procedure determined by the attorney general
and on forms approved by the attorney general. The requests shall identify the number
of sexual assault examinations performed and the number of sexual assault
examinations in which HIV post-exposure prophylaxis was provided and shall verify that
all required protocols were met for each examination form submitted for payment in
the request.
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(3) The attorney general shall review all requests for payment that are submitted under
division (A)(2) of this section and shall submit for payment as described in division (A)(5)
of this section all requests that meet the requirements of this section.
(4)
(a) The hospital or emergency facility shall accept a flat fee payment for
conducting each examination in the amount determined by the attorney
general pursuant to Chapter 119. of the Revised Code as payment in full for any
cost incurred in conducting a medical examination and test of a victim of an
offense under any provision of sections 2907.02 to 2907.06 of the Revised Code
for the purpose of gathering physical evidence for a possible prosecution of a
person, other than the cost of providing HIV post-exposure prophylaxis. The
attorney general shall determine a flat fee payment amount to be paid under
this division that is reasonable.
(b) The hospital or emergency facility shall accept a flat fee payment for
providing HIV post-exposure prophylaxis in the amount determined by the
attorney general pursuant to Chapter 119. of the Revised Code as payment in
full for any cost incurred in providing HIV post-exposure prophylaxis while
conducting a medical examination and test of a victim of an offense under any
provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of
gathering physical evidence for a possible prosecution of a person. The attorney
general shall determine a reasonable flat fee payment amount to be paid under
this division.
(5) In approving a payment under this section, the attorney general shall order the
payment against the state. The payment shall be accomplished only through the
following procedure, and the procedure may be enforced through a mandamus action
and a writ of mandamus directed to the appropriate official:
(a) The attorney general shall provide for payment in the amount set forth in
the order.
(b) The expense of the payment of the amount described in this section shall
be charged against all available unencumbered moneys in the reparations fund.
(B) No costs incurred by a hospital or emergency facility in conducting a medical examination
and test of any victim of an offense under any provision of sections 2907.02 to 2907.06 of the
Revised Code for the purpose of gathering physical evidence for a possible prosecution of a
person shall be billed or charged directly or indirectly to the victim or the victim’s insurer.
(C) Any cost incurred by a hospital or emergency medical facility in conducting a medical
examination and test of any person who is charged with a violation of division (B) of section
2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or
2907.25 of the Revised Code, with a violation of a municipal ordinance that is substantially
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equivalent to that division or any of those sections, or with a violation of a statute or municipal
ordinance under which by force or threat of force the accused compelled the victim to engage in
sexual activity, pursuant to division (B) of section 2907.27 of the Revised Code, shall be charged
to and paid by the accused who undergoes the examination and test, unless the court
determines that the accused is unable to pay, in which case the cost shall be charged to and paid
by the municipal corporation in which the offense allegedly was committed, or charged to and
paid by the county if the offense allegedly was committed within an unincorporated area. If
separate counts of an alleged offense or alleged separate offenses under division (B) of section
2903.11 or section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25
of the Revised Code, under a municipal ordinance that is substantially equivalent to that division
or any of those sections, or under a statute or municipal ordinance in violation of which by force
or threat of force the accused compelled the victim to engage in sexual activity took place in
more than one municipal corporation or more than one unincorporated area, or both, the local
governments shall share the cost of the examination and test. If a hospital or other emergency
medical facility has submitted charges for the cost of a medical examination and test to an
accused and has been unable to collect payment for the charges after making good faith
attempts to collect for a period of six months or more, the cost shall be charged to and paid by
the appropriate municipal corporation or county as specified in division (C) of this section.
(D) As used in this section:
(1) “AIDS” and “HIV” have the same meanings as in section 3701.24 of the Revised
Code.
(2) “HIV post-exposure prophylaxis” means the administration of medicines to prevent
AIDS or HIV infection following exposure to HIV.
Ohio Admin. Code § 109:7-1-01. Sexual assault examination protocol.
When conducting a medical examination of a victim of an offense under any provision of
sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence
for a possible prosecution, a hospital, children's advocacy center, or other emergency medical
facility shall follow the protocol designated in this rule and shall only use a sexual assault
evidence collection kit that meets that protocol in order to qualify for payment from the
reparations fund established pursuant to section 2743.191 of the Revised Code. The protocol
shall be as follows:
(A) For victims other than children, the hospital or other emergency medical facility
shall follow the protocol adopted by the Ohio department of health.
(B) For victims who are children, the hospital, children's advocacy center, or other
emergency medical facility shall follow the protocol adopted by the committee on child
abuse and neglect of the Ohio chapter of the American academy of pediatrics.
Ohio Admin. Code § 109:7-1-02. Sexual assault examination payment amount.
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A hospital, children’s advocacy center, or other emergency medical facility shall accept a flat fee
payment of six hundred thirty-two dollars as payment in full for any cost incurred in conducting
a medical examination and test of a victim of an offense under any provision of sections 2907.02
to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible
prosecution of a person, including the cost of any antibiotics administered as part of the
examination. The attorney general may increase the payment amount for inflation by a
reasonable percentage according to the consumer price index (all urban consumers, all items)
prepared by the bureau of labor statistics of the United States department of labor.
The attorney general may increase the payment amount for inflation by a reasonable percentage
according to the consumer price index (all urban consumers, all items) prepared by the bureau
of labor statistics of the United States department of labor.
OKLAHOMA
Summary: There is no requirement for reporting sexual assault. Sexual assault
examinations are paid for by the Crime Victims Compensation Board through the Sexual
Assault Examination Fund.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
21 OK St. § 142.20. Sexual Assault Examination Fund – Establishment.
A. A Sexual Assault Examination Fund shall be established for the purpose of providing to a
victim of a sexual assault a forensic medical examination by a qualified licensed health care
professional and to provide to the victim medications as directed by said health care
professional.
B. As used in this section:
1. “Sexual assault” means:
a. rape, or rape by instrumentation, as defined in Sections 1111, 1111.1 and
1114 of this title, or
b. forcible sodomy, as defined in Section 888 of this title; and
2. “Qualified licensed health care professional” means a physician, registered nurse, or
other licensed health care professional qualified by training and experience to perform
sexual assault examinations.
C. The Crime Victims Compensation Board is authorized to pay for this examination and the
medications directed by the qualified licensed health care professional upon application
submitted by the victim of a sexual assault.
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D. The Crime Victims Compensation Board shall establish the procedures for disbursement of
the Sexual Assault Examination Fund, but in no event shall the Crime Victims Compensation
Board pay an amount to exceed:
1. Four Hundred Fifty Dollars ($450.00) for a sexual assault examination; and
2. Fifty Dollars ($50.00) for medications which are related to the sexual assault and
directed and deemed necessary by said health care professional.
Such payments shall not exceed the amounts specified by this subsection regardless of
the amount of any individual bills comprising the claim. Payments shall be made only
upon claims signed by the victim or guardian and health care professional.
E. The District Attorneys Council is hereby authorized to transfer funds, as specified in the
appropriations bill annually, from the Crime Victims Compensation Fund to the Sexual Assault
Examination Fund for the payment of sexual assault forensic examinations and medications,
pursuant to this section.
OAC 185:15-1-1. Purpose.
The purpose of the Sexual Assault Examination Fund is to provide the victim of sexual assault
with a forensic medical examination for the procurement of evidence to aid in the investigation
and prosecution of a sexual assault offense and to provide to the victim medications as directed
by the medical authority conducting the examination. Medications provided to the victim by the
medical authority conducting the examination may only be provided to said victim on a one-time
initial basis for the immediate trauma and medical examination of said victim.
OAC 185:15-1-3. Application by victim.
(a) In order to be eligible for payment by the fund for expenses of a sexual assault forensic
examination, the victim of the crime must sign, prior to the examination, the portion of the
Official Sexual Assault Examination Application provided by the Oklahoma Crime Victims
Compensation Board. If the victim is under the age of 18, or under the supervision of a legal
guardian, the parent or guardian of the victim must sign the application form.
(b) The victim's application must be accompanied by a copy of an itemized statement from the
medical facility where the examination was conducted and/or from the Physician or Qualified
Registered Nurse, if applicable.
(c) Should medications be prescribed by the medical authority conducting the sexual assault
examination, a receipt will be required prior to reimbursement of said medication. Medication
fees may be included in the hospital bill, providing the medication was dispensed at the hospital.
OAC 185:15-1-4. Duties of the physician or qualified registered nurse.
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(a) The physician or qualified registered nurse who conducts the forensic examination of the
victim must complete and sign the portion of the Official Application for Sexual Assault
Examination Payment designated ". Examining Physician or Qualified Registered Nurse."
(b) The physician or qualified registered nurse is responsible for collecting the evidence in a
professional manner and preserving the evidence for shipment to a law enforcement forensic
laboratory in the manner designated by the law enforcement officer in charge of investigating
the sexual assault of the victim.
OAC 185:15-1-6. Insurance.
(a) The payment of a sexual assault examination will be made, regardless of whether the victim
is medically insured.
(b) In order to provide anonymity to the sexual assault victim and maintain confidentiality, any
victim who has obtained a forensic sexual assault examination, will not be required to provide
information to the Board relative to employment or insurance; and, shall not be required to file
a claim with any private insurance company for the payment of a forensic sexual assault
examination.
(c) If the victim or claimant chooses to file an insurance claim for the sexual assault examination,
reimbursement should be made to the Sexual Assault Examination Fund upon payment from the
insurance company.
(d) For sexual assault exams performed on adults and children, Medicaid or any other federally
funded program is considered a collateral source and payment will not be made unless the
denial of benefits is provided.
O.A.C. § 185:15-1-7. Limitation of payment by the fund.
(a) In all cases, the maximum payment by the fund for any one forensic sexual assault
examination shall not exceed the statutory maximum.
(b) Payments from the Fund shall be made directly to the medical facility where the
examination was performed.
(c) Under no circumstances shall the Fund make any payment for the expenses of medical
treatment of the victim, or for any other expense other than the expense of the forensic sexual
assault examination, unless authorized by statute.
(d) In the event there is a fee from the physician or a qualified registered nurse, as well as a bill
from the hospital, the statutory maximum shall be prorated between both service providers if
both bills are submitted at the same time.
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OREGON
Summary: There is no mandatory reporting requirement in Oregon. Examination must be
completed within 168 hours and use of the Oregon State Police SAFE kit must have been
authorized by law enforcement. Injuries caused by a knife, gun, pistol or other deadly
weapon must be reported.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
ORS § 146.730. Investigation.
A medical examiner or district attorney may investigation an injury whenever the injury occurred
under suspicious or unknown circumstances. All authority granted to the medical examiner or
district attorney by ORS 146.003 to 146.189 and 146.710 to 146.992 may be exercised in making
such investigation.
ORS § 146.740
Whenever the medical examiner concludes that a crime may have been committed by any
person in causing the injury, the medical examiner shall report the conclusion to the district
attorney.
ORS § 146.750. Injuries to be reported to law enforcement agency.
(1) Except as required in subsection (3) of this section, a physician, including an intern and
resident, a physician assistant licensed under ORS 677.505 to 677.525 or a registered nurse
licensed under ORS chapter 678, who has reasonable cause to suspect that a person brought to
the physician, physician assistant or registered nurse or coming before the physician, physician
assistant or registered nurse for examination, care or treatment has had injury, as defined in ORS
146.710, inflicted upon the person other than by accidental means, shall report or cause reports
to be made in accordance with the provisions of subsection (2) of this section.
(2) An oral report must be made immediately by telephone or otherwise, and followed as soon
thereafter as possible by a report in writing, to an appropriate law enforcement agency.
(3) When an injury as defined in ORS 146.710 or abuse as defined in ORS 419B.005 occurs to an
unmarried person who is under 18 years of age, the provisions of ORS 419B.005 to 419B.050
apply.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
OAR 137-084-0010. Claims Processing.
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(1) A victim of a sexual assault who wants the Fund to pay for a medical examination, collection
of forensic evidence using the Oregon State Police SAFE Kit, emergency contraception, or
sexually transmitted disease prophylaxis must indicate to the medical service provider that they
wish for the provider to submit a completed Application Form to the Department.
(2) To obtain payment from the Fund, an eligible medical services provider must submit the
Application Form to the Department within one year of the date the medical services are
provided. At the Department's discretion, the Department may choose to pay claims that are
received after one year of the date the medical services are provided.
(3) All medical services invoices must be submitted by the eligible medical services provider with
the Application Form. Invoices submitted separately will not be paid.
(4) To be paid for by the Fund, a complete medical assessment using the Oregon State Police
SAFE Kit must be completed within 84 hours (three and one-half days) of the sexual assault. The
Kit must have been released to appropriate law enforcement personnel in a timely manner after
its use for collection of information.
(5) To be paid for by the Fund, a partial medical assessment must be completed within 168
hours (seven days) of the sexual assault of the victim.
(6) Completed Application Forms submitted with medical services invoices will be processed for
payment by the Fund within 60 days of submission.
ED. NOTE: Forms referenced are available from the agency.
OAR 137-084-0020. Maximum Amounts Paid for Medical Services.
(1) The Fund will pay eligible medical services providers the actual costs incurred for providing
medical services to sexual assault victims up to the following maximum amounts:
(a) $ 380 for a medical examination plus collection of forensic evidence using the
Oregon State Police SAFE Kit;
(b) $ 175 for a medical examination without collection of forensic evidence using the
Oregon State Police SAFE Kit;
(c) $ 55 for emergency contraception (including pregnancy test);
(d) $ 100 for sexually transmitted disease prophylaxis;
(e) For dates of service April 1, 2016 or later, $ 75 for services provided by a Doctor of
Medicine or a Doctor of Osteopathy;
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(f) For dates of services January 1, 2015 or later, five (5) counseling sessions, not to
exceed $ 700.00:
(i) $ 140.00 per hour for a Doctor of Medicine;
(ii) $ 110.00 per hour for a PhD or PsyD;
(iii) $ 85.00 per hour for an LCSW, LCP, or LMFT;
(iv) $ 55.00 per hour for a QMHP.
(2) An additional payment of $ 75 will be made to eligible medical services providers who
document that the medical examination, as part of either a partial or complete medical
assessment, was conducted by a SANE/SAE certified nurse.
(3) The payment amounts set out in this rule will be reviewed at least every two years by the
Attorney General or the Attorney General's designee to determine whether they should be
adjusted to meet current circumstances.
(4) An eligible medical services provider (including subcontractor or other designee) who
submits a bill to the Fund under these rules may not bill the victim or the victim's insurance
carrier for a medical examination, collection of forensic evidence using the Oregon State Police
SAFE Kit, emergency contraception, or sexually transmitted disease prophylaxis, except to the
extent the Department is unable to pay the bill due to lack of funds or declines to pay the bill for
reasons other than untimely or incomplete submission of the bill to the Fund under OAR 137-
084-0030(2)(e).
OAR 137-084-0030. Payment Restrictions and Disqualifications.
(1) The Fund will not pay for any service not specifically described in ORS 147.397 or OAR 137-
084-0001 through 137-084-0030. Examples of services not covered by the Fund include, but are
not limited to: treatment of injuries; DNA testing; HIV testing; laboratory testing of blood for any
purpose, other than pregnancy; and prescriptions filled off-site of the location of a medical
examination. Nothing in this rule is intended to preclude an eligible medical services provider
from submitting a claim against the victim, the victim's insurance carrier or any other source for
payment for services not specifically described in ORS 147.395 through 147.397 or OAR 137-084-
0001 through 137-084-0030.
(2) The Fund reserves the right not to pay for medical services described in ORS 147.395
through 147.397 or OAR 137-084-0001 through 137-084-0030 for any one of the following
reasons:
(a) Services were not provided by an eligible medical services provider.
(b) Services were provided to someone other than an eligible victim.
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(c) Services were not provided in accordance with the requirements in ORS 147.395
through 147.397 or OAR 137-084-0001 through 137-084-0030, including the timeliness
requirements for complete medical assessments (within 84 hours (three and one-half
days) of the sexual assault) and partial medical assessments (within 168 hours (seven
days) of the sexual assault).
(d) Services provided were duplicate services for the same incident.
(e) Failure of the eligible medical services provider to submit a completed Application
Form, submission of incomplete invoice(s) for medical services or submission of the
Application Form or invoice(s) for medical services more than one year after date
services provided. At the Departments discretion, the Department may choose to pay
claims that are received after one year of the date the medical services are provided.
(f) Insufficient funds in the Fund to cover the services provided. The Fund will pay in full
for services provided and billed to the Fund until the money in the Fund is exhausted.
(3) If the Attorney General or the Attorney General's designee determines that the Fund will not
pay for one or more of the services described in ORS 147.395 through 147.397 or OAR 137-084-
0020(1) and (2) for reasons other than those set out in 137-084-0030(2)(e) above, the Attorney
General or the Attorney General's designee will provide notice to the medical services
provider(s) affected. After receiving such notice, a medical services provider may bill the victim,
the victim's insurance carrier or any other source for those medical services provided but not
paid for by the Fund.
ED. NOTE: Forms referenced are available from the agency.
PENNSYLVANIA
Summary: Pennsylvania does not have a specific requirement that rape be reported;
however, it requires that injuries caused by firearms or criminal acts be reported. An
exception exists for injuries caused by domestic violence. A hospital or other licensed
health care provider may submit a claim for reimbursement to the Office of Victims’
Services for the cost of a forensic rape examination if the cost is not covered by insurance
or if the victim requests that the insurance carrier not be billed. The crime must be
reported within 72 hours for the examination to be covered, unless the Office of Victims’
Services finds the delay justified. Upon filing of a claim, the Office of Victims' Services
shall promptly notify the prosecutor of the county where the crime is alleged to have
occurred.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE AND ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
18 Pa.C.S. § 5106. Failure to report injuries by firearm or criminal act.
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(a) Offense defined. — Except as set forth in subsection (a.1), a physician, intern or resident, or
any person conducting, managing or in charge of any hospital or pharmacy, or in charge of any
ward or part of a hospital, to whom shall come or be brought any person:
(1) suffering from any wound or other injury inflicted by his own act or by the act of
another which caused death or serious bodily injury, or inflicted by means of a deadly
weapon as defined in section 2301 (relating to definitions); or
(2) upon whom injuries have been inflicted in violation of any penal law of this
Commonwealth;
commits a summary offense if the reporting party fails to report such injuries
immediately, both by telephone and in writing, to the chief of police or other
head of the police department of the local government, or to the Pennsylvania
State Police. The report shall state the name of the injured person, if known,
the injured person’s whereabouts and the character and extent of the person’s
injuries.
(a.1) Exception. — In cases of bodily injury as defined in section 2301 (relating to definitions),
failure to report under subsection (a)(2) does not constitute an offense if all of the following
apply:
(1) The victim is an adult and has suffered bodily injury.
(2) The injury was inflicted by an individual who:
(i) is the current or former spouse of the victim;
(ii) is a current or former sexual or intimate partner of the victim;
(iii) shares biological parenthood with the victim; or
(iv) is or has been living as a spouse of the victim.
(3) The victim has been informed:
(i) of the duty to report under subsection (a)(2); and
(ii) that the report under subsection (a)(2) cannot be made without the victim’s
consent.
(4) The victim does not consent to the report under subsection (a)(2).
(5) The victim has been provided with a referral to the appropriate victim service
agency such as a domestic violence or sexual assault program.
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(b) Immunity granted. — No physician or other person shall be subject to civil or criminal
liability by reason of complying with this section.
(c) Physician-patient privilege unavailable. — In any judicial proceeding resulting from a report
pursuant to this section, the physician-patient privilege shall not apply in respect to evidence
regarding such injuries or the cause thereof. This subsection shall not apply where a report is not
made pursuant to subsection (a.1).
(d) Reporting of crime encouraged. — Nothing in this chapter precludes a victim from reporting
the crime that resulted in injury.
(e) Availability of information. — A physician or other individual may make available
information concerning domestic violence or sexual assault to any individual subject to the
provisions of this chapter.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
18 P.S. § 11.707. Awards.
(a) REQUIREMENTS.— No award shall be made unless it is determined by a preponderance of
the evidence that:
(1) A crime was committed.
(2) The person injured or killed was a direct victim or intervenor.
(3) The crime was promptly reported to the proper authorities. In no case may an
award be made if the record shows that the report was made more than 72 hours after
the occurrence of the crime unless:
(i) the victim is under 18 years of age at the time of the occurrence of the crime
and the alleged offender is the victim’s parent or a person responsible for the
victim’s welfare, an individual residing in the same home as the victim or a
paramour of the victim’s parent; or
(ii) the Office of Victims’ Services finds the delay to have been justified,
consistent with bureau regulations.
(4) The direct victim, intervenor or claimant has fully cooperated with all law
enforcement agencies and the Office of Victims’ Services unless the Office of Victims’
Services finds the noncompliance to have been justified consistent with Office of
Victims’ Services regulations.
(A.1) PROTECTION FROM ABUSE.— A claimant who satisfies the eligibility
requirements of subsection (a)(1), (2) and (4) may satisfy the eligibility
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requirement under subsection (a)(3) for reporting a crime to the proper
authorities by commencing an action brought in accordance with 23 Pa.C.S. Ch.
61 (relating to protection from abuse) and as provided for in the Pennsylvania
Rules of Civil Procedure. In no case may an award be made if the record shows
that the petition was:
(1) Withdrawn, unless the Office of Victim Services finds the
withdrawal to have been justified, consistent with regulations of the
Office of Victim Services.
(2) Filed more than 72 hours after the occurrence of the criminal
conduct leading to the commencement of the action, unless:
(i) the victim is under 18 years of age at the time of the
occurrence of the criminal conduct and the alleged offender is
the victim’s parent or a person responsible for the victim’s
welfare, an individual residing in the same home as the victim
or a paramour of the victim’s parent; or
(ii) the Office of Victim Services finds the delay to have been
justified, consistent with regulations of the Office of Victim
Services.
(b) AMOUNT.—
(1) Any award made under this chapter shall be in an amount not exceeding out-of-
pocket loss, together with loss of past, present or future earnings or support resulting
from such injury. In no case shall the total amount of an award exceed $ 35,000 except
for payment of the following:
(i) counseling, the maximum amount of which shall be in accordance with
paragraph (4.1);
(ii) forensic rape examination and medications directly related to the sexual
assault or rape, the amount of which shall not exceed $ 1,000; or
(iii) reasonable and necessary costs of cleaning the crime scene of a private
residence, the amount of which shall not exceed $ 500.
(2) An award made for loss of earnings or support shall, unless reduced pursuant to
other provisions of this chapter, be in an amount equal to the actual loss sustained. The
following shall apply:
(i) No such award shall exceed the average weekly wage for all persons covered
by the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1), known as
the Unemployment Compensation Law, in this Commonwealth as determined
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annually by the Department of Labor and Industry for each week of lost
earnings or support.
(ii) Except as set forth in subparagraph (iii), the aggregate award for the loss
shall not exceed $ 15,000.
(iii) In the case of death of a direct victim or intervenor, the aggregate award
shall not exceed $ 20,000.
(3) If an order of restitution has been entered on behalf of the direct victim, those
amounts actually collected shall be applied first to property losses incident to the crime
and secondly to personal injury losses as set forth in subsection (f).
(4) An award for counseling performed by or under the supervision of a psychiatrist,
psychologist, licensed professional counselor or licensed social worker and subject to
the provisions of paragraph (4.1) may be made to:
(i) a direct victim;
(ii) an individual responsible for the direct victim’s welfare;
(iii) an individual who is physically present at the crime scene and witnesses a
violent crime;
(iv) in the case of a homicide, an individual who discovers the body;
(v) anyone related to the direct victim within the second degree of
consanguinity or affinity;
(vi) anyone maintaining a common-law relationship with the direct victim;
(vii) anyone residing in the same household with the direct victim; or
(viii) anyone engaged to be married to the direct victim.
(4.1) In the case of an award made pursuant to paragraph (4), the following shall apply:
(i) The amount of an award under paragraph (4)(i) shall not exceed $ 5,000
where the direct victim is an adult and shall not exceed $ 10,000 where the
direct victim is a minor.
(ii) The amount of an award under paragraph (4)(ii), (v), (vi), (vii) or (viii) shall
not exceed $ 2,500 except in the case of a homicide whereby the amount of this
award shall not exceed $ 5,000.
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(iii) The amount of an award under paragraph (4)(iii) or
(iv) shall not exceed $ 1,500.
(5) An award for the reasonable and necessary costs for the replacement of prosthetic
devices, wheelchairs, canes, walkers, hearing aids, eyeglasses or other corrective lenses,
dental devices or prescription medications damaged or stolen as a result of the crime
shall be at a rate set by the Office of Victims’ Services. Expenses for prosthetic devices,
wheelchairs, canes, walkers, hearing aids, eyeglasses or other corrective lenses, dental
devices or prescription medications needed as a result of the crime shall be counted
against the $ 35,000 award limitation.
(c) PUBLIC ASSISTANCE.— PROVISIONS OF AWARDS MADE PURSUANT TO A STATUTE
COMPENSATING OR BENEFITING A DIRECT VICTIM OR CLAIMANT SHALL IN NO WAY AFFECT THE
CLAIMANT’S OR DIRECT VICTIM’S ELIGIBILITY UNDER PUBLIC ASSISTANCE OR ANY OTHER
FEDERAL OR COMMONWEALTH SOCIAL BENEFIT OR ASSISTANCE PROGRAM.
(d) APPORTIONMENT.— IF THERE ARE TWO OR MORE INDIVIDUALS ENTITLED TO AN AWARD
AS A RESULT OF THE DEATH OF A DIRECT VICTIM OR INTERVENOR, THE AWARD SHALL BE
APPORTIONED AMONG THE CLAIMANTS.
(e) REDUCTION.— EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, AN AWARD MADE UNDER
THIS CHAPTER SHALL BE REDUCED BY THE AMOUNT OF ANY PAYMENTS RECEIVED OR TO BE
RECEIVED BY THE CLAIMANT AS A RESULT OF THE INJURY:
(1) from or on behalf of the individual who committed the crime;
(2) under any insurance or health and welfare programs, including those mandated by
law;
(3) under any contract of insurance wherein the claimant is the beneficiary;
(4) from public funds;
(5) as an emergency award under section 706;
(6) under any pension program, including those providing for disability or survivor’s
benefits; or
(7) under a settlement or award made by or on behalf of a party alleged to be
responsible in whole or in part for the injury, without regard to the party’s criminal
culpability.
(f) DIRECT VICTIM RESPONSIBILITY.—
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(1) Except as set forth in paragraphs (2) and (3), in determining the amount of an
award, the Office of Victims’ Services shall determine whether the direct victim or
intervenor, because of conduct, contributed to the infliction of the injury. The Office of
Victims’ Services shall reduce the amount or deny the claim altogether in accordance
with the determination.
(2) If the crime involved is rape or sexual assault, the conduct of the direct victim shall
not be considered. If the crime involved is related to domestic violence, the conduct of
the direct victim shall not be considered unless the direct victim was the primary
aggressor.
(3) If the crime involved is a homicide, the conduct of the direct victim shall not be
considered for claims by eligible claimants for counseling.
(g) INTERVENOR RESPONSIBILITY.— IN DETERMINING THE AMOUNT OF AN AWARD TO AN
INTERVENOR, THE OFFICE OF VICTIMS’ SERVICES MAY CONSIDER WHETHER THE INTERVENOR,
BECAUSE OF CONDUCT, CONTRIBUTED TO THE INFLICTION OF THE INJURY. THE OFFICE OF
VICTIMS’ SERVICES SHALL REDUCE THE AMOUNT OR DENY THE CLAIM ALTOGETHER IN
ACCORDANCE WITH THE DETERMINATION.
(h) FORENSIC RAPE INVESTIGATION.—
(1) A hospital or other licensed health care provider may submit a claim for
reimbursement for the cost of a forensic rape examination if the cost is not covered by
insurance or if the victim requests that the insurance carrier not be billed. Upon filing of
a claim, the Office of Victims’ Services shall promptly notify the prosecutor of the county
where the crime is alleged to have occurred. The reimbursement, where applicable,
shall be at a rate set by the Office of Victims’ Services.
(2) The cost of a forensic rape examination and the cost of medications prescribed to
the direct victim shall not be charged to the victim.
(3) A sexual assault or rape victim need not be an applicant for any other compensation
under this chapter.
RHODE ISLAND
Summary: Rhode Island requires reports for sexual assault. Medical providers must
provide sexual assault examinations without discrimination on account of source of
payment. There is a requirement that gunshot wounds be reported.
LAWS MANDATING RAPE REPORTING
R.I. Gen. Laws § 11-37-13.3. Sexual assault reports.
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(a) A law enforcement officer who responds to or investigates a sexual assault or child
molestation sexual assault incident, shall, upon determination of probable cause for arrest
or referral to the attorney general's office, complete a sexual assault report (DV/SA-1).
(b) For the purpose of establishing data on the extent and severity of arrests for sexual
assault and child molestation sexual assault in the state and on the degree of compliance
with the requirements of this section the domestic violence training and monitoring unit of
the court system shall prescribe a form for making sexual assault reports. The form shall
include, but is not limited to, the following information:
o (1) Name of the parties;
o (2) Relationship of the parties;
o (3) Sex of the parties;
o (4) Date of birth of the parties;
o (5) Time and date of the alleged incident;
o (6) Whether children were allegedly involved or whether the alleged act of sexual
assault or child molestation sexual assault was committed in the presence of
children;
o (7) Type and extent of the alleged abuse;
o (8) Number and types of alleged weapons involved;
o (9) Existence of any prior court order; and
o (10) Any other data that may be necessary for a complete analysis of all
circumstances leading to the arrest.
(c) Each police department shall forward copies of the reports to the unit at the end of each
month.
(d) Upon adjudication of acquittal, dismissal or other exoneration the sexual assault report
form will be expunged by the domestic violence training and monitoring unit.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
R.I. Gen. Laws § 11-47-48. Report of gunshot wounds.
Every physician attending or treating a case of bullet wound, gunshot wound, powder burn, or
any other injuring arising from or caused by the discharge of a gun, pistol, or other firearm, or
whenever any case is treated in a hospital, sanitarium, dispensary, or other institution the
person is in charge of it, shall report the case at once to the police authorities of the town or city
where the physician, hospital, sanitarium, dispensary or institution is located. This section shall
not apply to wounds, burns, or injuries received by any member of the armed forces of the
United States or of this state while engaged in the actual performance of duty. Whoever violates
any provision of this section shall be punished by a fine of not less than fifty dollars ($50.00) nor
more than one hundred dollars ($100).
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
R.I. Gen. Laws § 23-17-26. Emergency health care.
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(a) Every health care facility that has an emergency medical care unit shall provide to every
person prompt life saving medical care treatment in an emergency, and a sexual assault
examination for victims of sexual assault without discrimination on account of economic status
or source of payment, and without delaying treatment for the purpose of a prior discussion of
the source of payment unless the delay can be imposed without material risk to the health of the
person.
(b) Violations of this section shall be reported to the director of the state department of health
who shall investigate the violations as the director deems appropriate.
SOUTH CAROLINA
Summary: There is no requirement that rape be reported; however, there is a
requirement that gunshot wounds be reported. The victim cannot be required to pay for
a medicolegal examination and the examination is covered by the Crime Victims’
Compensation Fund.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
S.C. Code Ann. § 16-3-1072. Reporting medical treatment for gunshot wound;
immunity; physician-patient privilege abrogated; penalties.
(A) Any physician, nurse, or any other medical or emergency medical services personnel of a
hospital, clinic, or other health care facility or provider who knowingly treats any person
suffering from a gunshot wound or who receives a request for such treatment shall report within
a reasonable time the existence of the gunshot wound to the sheriff's department of the county
in which the treatment is administered or a request is received. However, no report is necessary
if a law enforcement officer is present with the victim while treatment is being administered.
(B) The reports provided for in subsection (A) may be made orally, or otherwise. A hospital,
clinic, or other health care facility or provider may designate an individual to make the reports
provided for in this section. However, a report must be made as soon as possible, but no later
than the time of the victim's release from that facility.
(C) A person required to make a report pursuant to this section or who participates in judicial
proceedings resulting from the report, acting in good faith, is immune from civil and criminal
liability which might otherwise result by reason of these actions. In all such civil and criminal
proceedings, good faith is rebuttably presumed.
(D) For purposes of this section, the confidential or privileged nature of communication
between physician and patient and any other professional person and his patient or client is
abrogated and does not constitute grounds for failure to report or the exclusion of evidence
resulting from a report made pursuant to this section.
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(E) A person required to report the existence of a gunshot wound who knowingly fails to do so is
guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
S.C. Code Ann. § 16-3-1350. Medicolegal examinations for victims of criminal sexual
conduct or sexual abuse.
(A) The State must ensure that a victim of criminal sexual conduct in any degree, criminal sexual
conduct with a minor in any degree, or child sexual abuse must not bear the cost of his or her
routine medicolegal exam following the assault.
(B) These exams must be standardized relevant to medical treatment and to gathering evidence
from the body of the victim and must be based on and meet minimum standards for rape exam
protocol as developed by the South Carolina Law Enforcement Division, the South Carolina
Hospital Association, and the Governor's Office Division of Victim Assistance with production
costs to be paid from funds appropriated for the Victim's Compensation Fund. These exams
must include treatment for sexually transmitted diseases, and must include medication for
pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division
must distribute these exam kits to any licensed health care facility providing sexual assault
exams. When dealing with a victim of criminal sexual assault, the law enforcement agency
immediately must transport the victim to the nearest licensed health care facility which
performs sexual assault exams. A health care facility providing sexual assault exams must use the
standardized protocol described in this subsection.
(C) A licensed health care facility, upon completion of a routine sexual assault exam as described
in subsection (B) performed on a victim of criminal sexual conduct in any degree, criminal sexual
conduct with a minor in any degree, or child sexual abuse, may file a claim for reimbursement
directly to the South Carolina Crime Victim's Compensation Fund if the offense occurred in South
Carolina. The South Carolina Crime Victim's Compensation Fund must develop procedures for
health care facilities to follow when filing a claim with respect to the privacy of the victim. Health
care facility personnel must obtain information necessary for the claim at the time of the exam,
if possible. The South Carolina Crime Victim's Compensation Fund must reimburse eligible health
care facilities directly.
(D) The Governor's Office Division of Victim Assistance must utilize existing funds appropriated
from the general fund for the purpose of compensating licensed health care facilities for the cost
of routine medical exams for sexual assault victims as described above. When the director
determines that projected reimbursements in a fiscal year provided in this section exceed funds
appropriated for payment of these reimbursements, he must direct the payment of the
additional services from the Victim's Compensation Fund. For the purpose of this particular
exam, the one hundred dollar deductible is waived for award eligibility under the fund. The
South Carolina Victim's Compensation Fund must develop appropriate guidelines and
procedures and distribute them to law enforcement agencies and appropriate health care
facilities.
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SOUTH DAKOTA
Summary: There is no mandatory reporting requirement specific to sexual assault;
however, it is mandatory to report bullet wounds, gunshot wounds and injuries arising
from the discharge of a firearm. A forensic sexual assault examination shall be provided
without cost if the sexual assault is reported to the state.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
S.D. Codified Law § 23-13-10. Persons treating firearm injury – Reporting requirement.
Any person treating any bullet wound, gunshot wound, powder burn, or any other injury arising
from or caused by the discharge of any firearm, shall report such treatment to the sheriff of the
county in which the wound is treated.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
S.D. Codified Laws § 22-22-26. Examination of victim to gather evidence –
Responsibility for cost.
If a physician, hospital, or clinic examines the victim of an alleged rape or sexual offense the
examination shall be provided without cost to the victim. The physician, hospital, or clinic shall
be paid for the cost of the examination by the county where the alleged rape or sexual offense
occurred, which shall be reimbursed by any defendant if convicted.
TENNESSEE
Summary: There is no mandatory reporting requirement; however, there is a
requirement to report injuries caused by a knife, pistol, gun, deadly weapon or by other
means of violence. Forensic medical examinations are paid for by the criminal injuries
compensation fund.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Tenn. Code Ann. § 38-1-101. Reports to law enforcement officials of certain types of
injuries – Immunity for reporting – Exception.
(a) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, nurses, pharmacists,
undertakers, embalmers, or other persons called upon to tender aid to persons suffering from
any wound or other injury inflicted by means of a knife, pistol, gun, or other deadly weapon, or
by other means of violence, or suffering from the effects of poison, or suffocation, or where a
wound or injury is reasonably believed to have resulted from exposure to a methamphetamine
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laboratory or a methamphetamine related fire, explosion, or chemical release, or appears to be
suffering from or to have been the victim of female genital mutilation in violation of § 39-13-110,
shall report the same immediately to the chief of police, if the injured person is in or brought
into or the injury occurred in an incorporated town or city, or to the sheriff if the injured person
is in or brought into or the injury occurred in the county outside the corporate limits of any
incorporated town or city, and shall also, in either event, report the same immediately to the
district attorney general or a member of the district attorney general's staff of the judicial
district in which the injured person is, or has been brought into, or the injury occurred. Such
report shall state the name, residence, and employer of such person, if known, such person's
whereabouts at the time the report is made, the place the injury occurred, and the character
and extent of such injuries.
(b) Injuries to minors that are required to be reported by § 37-1-403 are not required to be
reported under this section.
(c)
(1) Where a person acts in good faith in making a report under subsection (a), that
person shall be immune from any civil liability and shall have an affirmative defense to
any criminal liability arising from that protected activity.
(2) There exists a rebuttable presumption that a person making a report under
subsection (a) is doing so in good faith.
(d) For purposes of this part, "person" means any individual, firm, partnership, co-partnership,
association, corporation, governmental subdivision or agency, or other organization or other
legal entity, or any agent, servant, or combination of persons thereof.
(e) (1) The reporting provisions in subsection (a) do not apply if the person seeking or receiving
treatment:
(A) Is 18 years of age or older;
(B) Objects to the release of any identifying information to law enforcement officials;
and
(C) Is a victim of a sexual assault offense or domestic abuse as defined in § 36-3-601.
(2) This exception shall not apply and the injuries shall be reported as provided
in subsection (a) if the injuries incurred by the sexual assault or domestic abuse
victim are considered by the treating healthcare professional to be life
threatening, or the victim is being treated for injuries inflicted by strangulation,
a knife, pistol, gun, or other deadly weapon.
(3) A hospital, healthcare provider or other person who is required to report
under subsection (a) shall be immune from civil liability for not reporting if in
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good faith the hospital, healthcare provider or other person does not report the
injury in order to comply with this subsection (e).
(4) If a person injured as provided in subsection (a) is first treated by an EMT,
EMT-P, emergency medical or rescue worker, firefighter or other first
responder, it shall not be the duty of the first responder to determine if the
patient comes within the provisions of subdivision (e)(1). If the first responder
transports the patient to a healthcare facility, the first responder's duty is to
notify the treating physician or emergency room staff at the facility of the
suspected cause of the patient's injury. If the patient is not transported to a
healthcare facility, the first responder shall report the result of the call to the
911 center.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Tenn. Code Ann. § 29-13-118. Forensic medical examinations in sexual assault cases.
(a) For purposes of this section, unless the context otherwise requires, "forensic medical
examination" means an examination provided to a victim of a sexually-oriented crime by any
health care provider who gathers evidence of a sexual assault in a manner suitable for use in
a court of law.
(b)
o (1) A victim of a sexually-oriented crime, defined as a violation of §§ 39-13-502 - 39-
13-506, 39-13-522, 39-13-527, 39-13-531, and 39-13-532, shall be entitled to
forensic medical examinations without charge to the victim. No bill for the
examination shall be submitted to the victim, nor shall the medical facility hold the
victim responsible for payment. All claims for forensic medical examinations are
eligible for payment from the criminal injuries compensation fund, created under §
40-24-107.
o (2) Notwithstanding any provision of this part to the contrary, the victims shall not
be required to report the incident to law enforcement officers or to cooperate in
the prosecution of the crime in order to be eligible for payment of forensic medical
examinations.
(c) A claim for compensation under this section shall be filed no later than one (1) year after
the date of the examination by the health care provider that performed the examination,
including a hospital, physician, SANE program, Child Advocacy Center, or other medical
facility. The claim shall be filed with the division, in person or by mail. The division is
authorized to prescribe and distribute forms for the filing of claims for compensation. The
claim shall set forth the name and address of the victim, and any other information required
by the division in order to satisfy federal regulations issued under the Victims of Crime Act of
1984, compiled generally in 42 U.S.C. § 10601 et seq. The claim shall be accompanied by an
itemized copy of the bill from the health care provider that conducted the examination. The
bill shall, at a minimum, set forth the name of the victim, the date the examination was
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performed, the amount of the bill, the amount of any payments made on the bill, and the
name and address of the health care provider that performed the examination.
(d) The amount of compensation that may be awarded under this section shall not exceed
one thousand dollars ($1,000), and shall constitute full compensation to the health care
provider that provided the service. No provider receiving compensation pursuant to this
section shall bill the victim for any additional cost related to the forensic medical
examination. The compensation shall be made pursuant to this subsection (d) no later than
ninety (90) days after receiving the documentation required under subsection (c).
(e) Payment to a health care provider under this section does not prohibit the victim from
receiving other payments for which the victim may be eligible under this part or any other
law.
TEXAS
Summary: There is no requirement that rape be reported. A law enforcement agency
that requests a medical examination of a victim of a sexual assault for use in the
investigation or prosecution of the offense shall pay all costs of the forensic examination.
The sexual assault must be reported within 96 hours. It is mandatory to report gunshot
wounds.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Tex. Health & Safety Code § 161.041. Mandatory Reporting of Gunshot Wounds.
A physician who attends or treats, or who is requested to attend or treat, a bullet or gunshot
wound, or the administrator, superintendent, or other person in charge of a hospital,
sanatorium, or other institution in which a bullet or gunshot wound is attended or treated or in
which the attention or treatment is requested, shall report the case at once to the law
enforcement authority of the municipality or county in which the physician practices or in which
the institution is located.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Tex. Code Crim. Proc. art. 56.06. Forensic Medical Examination for Sexual Assault
Victim Who Has Reported Assault; Costs.
(a) If a sexual assault is reported to a law enforcement agency within 96 hours of the assault,
the law enforcement agency, with the consent of the victim, a person authorized to act on
behalf of the victim, or an employee of the Department of Family and Protective Services, shall
request a forensic medical examination of the victim of the alleged assault for use in the
investigation or prosecution of the offense. A law enforcement agency may decline to request a
forensic medical examination under this subsection only if the person reporting the sexual
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assault has made one or more false reports of sexual assault to any law enforcement agency and
if there is no other evidence to corroborate the current allegations of sexual assault.
(b) If a sexual assault is not reported within the period described by Subsection (a), on receiving
the consent described by that subsection the law enforcement agency may request a forensic
medical examination of a victim of an alleged sexual assault as considered appropriate by the
agency.
(c) A law enforcement agency that requests a forensic medical examination of a victim of an
alleged sexual assault for use in the investigation or prosecution of the offense shall pay all costs
of the examination. On application to the attorney general, the law enforcement agency is
entitled to be reimbursed for the reasonable costs of that examination if the examination was
performed by a physician or by a sexual assault examiner or sexual assault nurse examiner, as
defined by Section 420.003, Government Code.
(d) A law enforcement agency or prosecuting attorney’s office may pay all costs related to the
testimony of a licensed health care professional in a criminal proceeding regarding the results of
the forensic medical examination or manner in which it was performed.
(e) This article does not require a law enforcement agency to pay any costs of treatment for
injuries.
(f) The attorney general may make a payment to or on behalf of an individual for the reasonable
costs incurred for medical care provided in accordance with Section 323.004, Health and Safety
Code.
Tex. Code Crim. Proc. art. 56.065. Medical Examination for Sexual Assault Victim Who
Has Not Reported Assault; Costs.
(a) In this article:
(1) “Crime laboratory” has the meaning assigned by Article 38.35.
(2) “Department” means the Department of Public Safety.
(3) “Sexual assault examiner” and “sexual assault nurse examiner” have the meanings
assigned by Section 420.003, Government Code.
(b) This article applies to the following health care facilities that provide diagnosis or treatment
services to victims of sexual assault:
(1) a general or special hospital licensed under Chapter 241, Health and Safety Code;
(2) a general or special hospital owned by this state;
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(3) an outpatient clinic; and
(4) a private physician’s office.
(c) In accordance with Subchapter B, Chapter 420, Government Code, and except as provided by
Subsection (e), a health care facility shall conduct a forensic medical examination of the victim of
an alleged sexual assault if:
(1) the victim arrives at the facility within 96 hours after the assault occurred;
(2) the victim consents to the examination; and
(3) at the time of the examination the victim has not reported the assault to a law
enforcement agency.
(d) The department shall pay the appropriate fees, as set by attorney general rule, for the
forensic portion of the medical examination and for the evidence collection kit if a physician,
sexual assault examiner, or sexual assault nurse examiner conducts the forensic portion of the
examination within 96 hours after the alleged sexual assault occurred. The attorney general shall
reimburse the department for fees paid under this subsection.
(e) If a health care facility does not provide diagnosis or treatment services to victims of sexual
assault, the facility shall refer a victim seeking a forensic medical examination under Subsection
(c) to a health care facility that provides services to those victims.
(f) The department, consistent with Chapter 420, Government Code, may develop procedures
regarding the submission or collection of additional evidence of the alleged sexual assault other
than through an examination as described by this article.
(g) The department, consistent with Chapter 420, Government Code, shall develop procedures
for the transfer and preservation of evidence collected under this article to a crime laboratory or
other suitable location designated by the public safety director of the department. The receiving
entity shall preserve the evidence until the earlier of:
(1) the second anniversary of the date the evidence was collected; or
(2) the date on which written consent to release the evidence is obtained as provided
by Section 420.0735, Government Code.
(h) The victim may not be required to:
(1) participate in the investigation or prosecution of an offense as a condition of
receiving a forensic medical examination under this article; or
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(2) pay for the forensic portion of the medical examination or for the evidence
collection kit.
(i) The attorney general and the department each shall adopt rules as necessary to implement
this article.
(j) A communication or record that contains identifying information regarding a person who
receives a forensic medical examination under this article and that is created by, provided to, or
in the control or possession of the department is confidential for purposes of Section 552.101,
Government Code. In this subsection, “identifying information” includes:
(1) information revealing the identity, personal history, or background of the person; or
(2) information concerning the victimization of the person.
(k) The attorney general may make a payment to or on behalf of an individual for the
reasonable costs incurred for medical care provided in accordance with Section 323.004, Health
and Safety Code.
UTAH
Summary: There is no specific requirement that rape be reported in Utah; however, there
is a requirement that injuries caused a knife, gun, pistol, explosive, infernal device, or
deadly weapon, or by violation of any criminal statute be reported. The Crime Victims’
Reparation Fund will pay for examinations necessary to document criminally injurious
conduct.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Utah Code Ann. § 26-23a-2. Injury reporting requirements by health care provider –
Contents of report.
(1)
(a) Any health care provider who treats or cares for any person who suffers from any
wound or other injury inflicted by the person’s own act or by the act of another by
means of a knife, gun, pistol, explosive, infernal device, or deadly weapon, or by
violation of any criminal statute of this state, shall immediately report to a law
enforcement agency the facts regarding the injury.
(b) The report shall state the name and address of the injured person, if known, the
person’s whereabouts, the character and extent of the person’s injuries, and the name,
address, and telephone number of the person making the report.
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(2) A health care provider may not be discharged, suspended, disciplined, or harassed for
making a report pursuant to this section.
(3) A person may not incur any civil or criminal liability as a result of making any report required
by this section.
(4) A health care provider who has personal knowledge that the report of a wound or injury has
been made in compliance with this section is under no further obligation to make a report
regarding that wound or injury under this section.
Utah Code Ann. 26-23a-3. Penalties.
Any health care provider who intentionally or knowingly violates any provision of Section 26-
23a-2 is guilty of a class B misdemeanor.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Utah Code Ann. § 63M-7-511. Compensable losses and amounts.
A reparations award under this chapter may be made if:
(1) the reparations officer finds the claim satisfies the requirements for the award
under the provisions of this chapter and the rules of the board;
(2) money is available in the fund;
(3) the person for whom the award of reparations is to be paid is otherwise eligible
under this part; and
(4) the claim is for an allowable expense incurred by the victim, as follows:
(a) reasonable and necessary charges incurred for products, services, and
accommodations;
(b) inpatient and outpatient medical treatment and physical therapy, subject to
rules promulgated by the board pursuant to Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(c) mental health counseling which:
(i) is set forth in a mental health treatment plan which has been
approved prior to any payment by a reparations officer; and
(ii) qualifies within any further rules promulgated by the board
pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
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(d) actual loss of past earnings and anticipated loss of future earnings because
of a death or disability resulting from the personal injury at a rate not to exceed
66-2/3% of the person’s weekly gross salary or wages or the maximum amount
allowed under the state workers’ compensation statute;
(e) care of minor children enabling a victim or spouse of a victim, but not both
of them, to continue gainful employment at a rate per child per week as
determined under rules established by the board;
(f) funeral and burial expenses for death caused by the criminally injurious
conduct, subject to rules promulgated by the board pursuant to Title 63G,
Chapter 3, Utah Administrative Rulemaking Act;
(g) loss of support to the dependent or dependents not otherwise
compensated for a pecuniary loss for personal injury, for as long as the
dependence would have existed had the victim survived, at a rate not to exceed
66-2/3% of the person’s weekly salary or wages or the maximum amount
allowed under the state workers’ compensation statute, whichever is less;
(h) personal property necessary and essential to the health or safety of the
victim as defined by rules promulgated by the board pursuant to Title 63G,
Chapter 3, Utah Administrative Rulemaking Act; and
(i) medical examinations as defined in Section 63M-7-502, subject to rules
promulgated by the board pursuant to Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, which may allow for exemptions from Sections
63M-7-509, 63M-7-512, and 63M-7-513.
VERMONT
Summary: There is no specific requirement that rape be reported. It is mandatory to
report gunshot wounds. The state shall pay for sexual assault forensic examinations.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
13 V.S.A. § 4012. Reporting treatment of firearm wounds.
(a) Every physician attending or treating a case of bullet wound, gunshot wound, powder burn,
or any other injury arising from or caused by the discharge of a gun, pistol, or other firearm, or
whenever such case is treated in a hospital, sanitarium or other institution, the manager,
superintendent or other person in charge shall report such case at once to local law
enforcement officials or the state police. The provisions of this section shall not apply to such
wounds, burns or injuries received by a member of the armed forces of the United States or
state of Vermont while engaged in the actual performance of duty.
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(b) A person violating the provisions of this section shall be fined not more than $ 100.00.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
32 V.S.A. § 1407. Costs to be borne by the State.
(a) As described in this section, the State shall cover the costs of certain medical care for victims
of crime committed in this State without health insurance or whose health insurance does not
pay for all of the care provided.
(b) The State shall bear the costs of forensic medical and psychological examinations
administered to victims of crime committed in this State, in instances where that examination is
requested by a law enforcement officer or a prosecuting authority of the State or any of its
subdivisions and the victim does not have health coverage or the victim's health coverage does
not cover the entire cost of the examination. The State shall also bear the costs of sexual assault
examinations, as defined in 8 V.S.A. § 4089, administered to victims in cases of alleged sexual
assault where the victim obtains such an examination prior to receiving such a request if the
victim does not have health coverage or the victim's health coverage does not cover the entire
cost of the examination. If, as a result of a sexual assault examination, the alleged victim has
been referred for mental health counseling, the State shall bear any costs of such examination
not covered by the victim's health coverage. These costs may be paid from the Victims'
Compensation Fund from funds appropriated for that purpose.
(c)
(1) Health care facilities and health care providers shall bill the victim's health insurance
plan, Medicaid, Medicare, or another health benefit plan, as applicable, for the services
described in subsection (b) of this section. If the victim does not have health coverage or
if the victim's health benefit plan denies the claim, the Fund shall reimburse health care
facilities and health care providers located in Vermont as defined in 18 V.S.A. § 9402 at
60 percent of the billed charges for these claims, and the health care provider or facility
shall not bill any balance to the crime victim.
(2) If the victim's health coverage does not cover all of the medical care provided
pursuant to this section and the victim would otherwise be responsible for any co-
payment, coinsurance, deductible, or other cost-sharing, the Fund shall pay the victim's
share directly to the health care facility or provider.
(d) A victim, at his or her own expense, may obtain copies of the results of an examination
under this section.
VIRGINIA
Summary: There is no mandatory reporting requirement. It is mandatory to report
injuries caused by guns, knives and similar weapons. All medical fees involved in the
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gathering of evidence where medical evidence is necessary to establish a crime has
occurred shall be paid by the Commonwealth.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Va. Code Ann. § 54.1-2967. Physicians and others rendering medical aid to report
certain wounds.
Any physician or other person who renders any medical aid or treatment to any person for any
wound which such physician or other person knows or has reason to believe is a wound inflicted
by a weapon specified in § 18.2-308 and which wound such physician or other person believes or
has reason to believe was not self-inflicted shall as soon as practicable report such fact, including
the wounded person’s name and address, if known, to the sheriff or chief of police of the county
or city in which treatment is rendered. If such medical aid or treatment is rendered in a hospital
or similar institution, such physician or other person rendering such medical aid or treatment
shall immediately notify the person in charge of such hospital or similar institution, who shall
make such report forthwith.
Any physician or other person failing to comply with this section shall be guilty of a Class 3
misdemeanor. Any person participating in the making of a report pursuant to this section or
participating in a judicial proceeding resulting therefrom shall be immune from any civil liability
in connection therewith, unless it is proved that such person acted in bad faith or with malicious
intent.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Va. Code Ann. § 19.2-165.1. Payment of medical fees in certain criminal cases;
reimbursement.
A. Except as provided in subsection B, all medical fees expended in the gathering of evidence for
all criminal cases where medical evidence is necessary to establish a crime has occurred and for
cases involving abuse of children under the age of 18 shall be paid by the Commonwealth out of
the appropriation for criminal charges, provided that any medical evaluation, examination, or
service rendered be performed by a physician or facility specifically designated by the attorney
for the Commonwealth in the city or county having jurisdiction of such case for such a purpose.
If no such physician or facility is reasonably available in such city or county, then the attorney for
the Commonwealth may designate a physician or facility located outside and adjacent to such
city or county.
Where there has been no prior designation of such a physician or facility, such medical
fees shall be paid out of the appropriation for criminal charges upon authorization by
the attorney for the Commonwealth of the city or county having jurisdiction over the
case. Such authorization may be granted prior to or within 48 hours after the medical
evaluation, examination, or service rendered.
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B. All medical fees expended in the gathering of evidence through physical evidence recovery kit
examinations conducted on victims complaining of sexual assault under Article 7 (§ 18.2-61 et
seq.) of Chapter 4 of Title 18.2 shall be paid by the Commonwealth pursuant to subsection F of §
19.2-368.11:1. Victims complaining of sexual assault shall not be required to participate in the
criminal justice system or cooperate with law-enforcement authorities in order to be provided
with such forensic medical exams.
C. Upon conviction of the defendant in any case requiring the payment of medical fees
authorized by this section, the court shall order that the defendant reimburse the
Commonwealth for payment of such fees.
WASHINGTON
Summary: There is no specific requirement that rape be reported. Bullet wounds,
gunshot wounds, or stab wounds must be reported to a local law enforcement authority.
The victims compensation program pays for a sexual assault examination when it is done
for the purpose of gathering evidence for a possible prosecution.
LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Rev. Code Wash. (ARCW) § 70.41.440. Duty to report violent injuries – Preservation
of evidence – Immunity – Privilege.
(1) A hospital shall report to a local law enforcement authority as soon as reasonably
possible, taking into consideration a patient’s emergency care needs, when the hospital
provides treatment for a bullet wound, gunshot wound, or stab wound to a patient. A
hospital shall establish a written policy to identify the person or persons responsible for
making the report.
(2) The report required under subsection (1) of this section must include the following
information, if known:
o (a) The name, residence, sex, and age of the patient;
o (b) Whether the patient has received a bullet wound, gunshot wound, or stab
wound; and
o (c) The name of the health care provider providing treatment for the bullet wound,
gunshot wound, or stab wound.
(3) Nothing in this section shall limit a person’s duty to report under RCW 26.44.030 or
74.34.035.
(4) Any bullets, clothing, or other foreign objects that are removed from a patient for whom
a hospital is required to make a report pursuant to subsection (1) of this section shall be
preserved and kept in custody in such a way that the identity and integrity thereof are
reasonably maintained until the bullets, clothing, or other foreign objects are taken into
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possession by a law enforcement authority or the hospital’s normal period for retention of
such items expires, whichever occurs first.
(5) Any hospital or person who in good faith, and without gross negligence or willful or
wanton misconduct, makes a report required by this section, cooperates in an investigation
or criminal or judicial proceeding related to such report, or maintains bullets, clothing, or
other foreign objects, or provides such items to a law enforcement authority as described in
subsection (4) of this section, is immune from civil or criminal liability or professional
licensure action arising out of or related to the report and its contents or the absence of
information in the report, cooperation in an investigation or criminal or judicial proceeding,
and the maintenance or provision to a law enforcement authority of bullets, clothing, or
other foreign objects under subsection (4) of this section.
(6) The physician-patient privilege described in RCW 5.60.060(4), the registered nurse-
patient privilege described in RCW 5.62.020, and any other health care provider-patient
privilege created or recognized by law are not a basis for excluding as evidence in any
criminal proceeding any report, or information contained in a report made under this
section.
(7) All reporting, preservation, or other requirements of this section are secondary to
patient care needs and may be delayed or compromised without penalty to the hospital or
person required to fulfill the requirements of this section.
(8) If the patient states his or her injury is the result of domestic violence, the hospital shall
follow its established processes to inform the patient of resources to assure the safety of the
patient and his or her family.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
WAC § 296-30-170. Who is required to pay for sexual assault examinations?
When a sexual assault examination is performed for the purpose of gather evidence for possible
prosecution, the costs of the examination must be billed to the crime victims compensation
program. We are the primary payer of this benefit. The client is not required to file an
application with us to receive this benefit and may not be billed for these costs. If the
examination includes treatment costs or the client will require follow-up treatment, an
application for benefits must be filed with us for these services to be considered for payment.
WEST VIRGINIA
Summary: There is no mandatory reporting requirement. Investigating officer and
prosecuting attorney must approve a sexual assault examination, which must be
conducted within a reasonable time period. The examination is paid for by the Forensic
Medical Examination Fund. It is mandatory to report gunshot and stab wounds.
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LAWS WHICH MADATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE RELATED
TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
W. Va. Code § 61-2-27. Required reporting of gunshot and other wounds.
(a) Any medical provider who provides medical treatment to a person suffering from a wound
caused by a gunshot or a knife or other sharp or pointed instrument, under circumstances which
would lead a reasonable person to believe resulted from a violation of the criminal laws of this
state, shall report the same to a law-enforcement agency located within the county within which
such wound is treated. The report shall be made initially by telephone and shall be followed by a
written report delivered to such agency within forty-eight hours following the initial report:
Provided, that where two or more persons participate in the medical treatment of such wound,
the obligation to report imposed by this section shall apply only to the attending physician or, if
none, to the person primarily responsible for providing the medical treatment.
(b) Any medical provider person who in good faith reports a wound described in subsection (a)
of this section shall be immune from any civil liability which may otherwise result solely from
reporting the same.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
W. Va. C.S.R. § 168-1-1. General.
1.1. Scope. -- This rule outlines procedures for paying the costs of forensic medical examinations
for victims of sexual offenses from the forensic medical examination fund administered by the
West Virginia Prosecuting Attorneys Institute. This rule is not intended to set standards for the
conduct of a criminal investigation or to affect in any manner the admissibility of evidence.
1.2. Authority. -- W. Va. Code §61-8b-18.
1.3. Filing Date. -- September 23, 2009.
1.4. Effective Date. -- November 1, 2009.
W. Va. C.S.R. § 168-1-3. Responsibilities of the Licensed Medical Facility.
3.1. In order to be eligible for and to receive reimbursement for conducting forensic medical
examinations, a licensed medical facility must comply with the following procedures:
3.1.1. Each hospital performing medical examinations must use either the WV State
Police Sexual Assault Kit or kits containing, at a minimum, the items contained in the WV
State Police Sexual Assault Kit. Each hospital may order sexual assault kits free of charge
from the WV State Police.
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3.1.2. Where an alleged victim of an alleged violation of W. Va. Code §61-8b ET SEQ.
chooses to participate in an investigation of said alleged violation and if an investigating
officer is not present at the time the alleged victim arrives at the hospital, a law
enforcement officer should be contacted immediately through appropriate emergency
channels.
3.1.3. Prior to conducting a forensic medical examination, the examining physician or
SANE will explain to the alleged victim what a sexual assault examination involves and
determine whether the victim wishes to participate in an investigation regarding the
alleged sex crimes violation and document said decision in writing. The obtaining of
additional consents included in the sexual assault kit and any additional consents which
may be required by law is the responsibility of the hospital.
3.1.4. If possible, the forensic medical examination should be conducted by a physician,
a sexual assault nurse examiner (SANE), a physician assistant working under the direct
supervision of a physician, or an advanced practice nurse. Recognizing, however, that
sensitivity to the needs of a victim of sexual assault may preclude delays in conducting
the examination, payment will not be refused based on qualifications of the medical
personnel performing the examination when the forensic medical examination is
conducted by a licensed health care professional acting within the scope of practice at a
licensed medical facility.
3.1.5. Hospital personnel should take note of any physical evidence, such as statements
made by the alleged victim, as well as articles of clothing, etc. It is strongly
recommended that the hospital preserve documents concerning this evidence and
record the methods of collection.
3.1.6. Where an alleged victim of an alleged violation of W. Va. Code §61-8b ET SEQ.
chooses to participate in an investigation of said alleged violation, after gathering the
forensic evidence, the sexual assault kit shall be sealed and turned over to the
investigating officer or police agency. Any and all other evidence collected by hospital
staff shall also be turned over to the investigating officer or police agency. Where an
alleged victim of an alleged violation of W. Va. Code §61-8b ET SEQ. chooses not to
participate in an investigation of said alleged violation hospital personnel will be
responsible for preparing the forensic evidence to be transported in such a manner and
to such a location as is designated in the instructions accompanying the WV State Police
Sexual Assault Kits.
3.1.7. Following the completion of a forensic medical examination, the hospital shall
submit a certification that such an examination was performed and may submit, within
a reasonable time of the date of examination, an original invoice for the forensic
medical examination to the West Virginia Prosecuting Attorneys Institute at its regular
business address, Attention: Forensic Medical Examination Fund. The invoice shall
contain the name of the alleged victim and the date of the alleged offense.
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3.1.8. Reimbursement from the Fund is limited to $350.00 for the cost of a forensic
medical examination or, when that sum appears to be less than all reasonable,
customary and usual costs of the forensic medical examination, a greater sum
determined by resolution of the Executive Counsel of the West Virginia Prosecuting
Attorneys Institute after consultation with providers and consideration of the limits of
available funding. A licensed medical facility may not bill the alleged victim, or the
alleged victim's insurance company, of an alleged violation for costs of a forensic
medical examination.
W. Va. C.S.R. § 168-1-4. Responsibilities of Law Enforcement Agencies.
4.1. When contacted an investigating officer or law enforcement agency is responsible for the
following duties:
4.1.1. The investigating officer should inform the victim upon arrival at the hospital that
the Forensic Medical Examination Fund will pay for the cost of the forensic medical
examination. The investigating officer may not require an alleged victim's agreement to
pursue prosecution of the case as a condition precedent to of obtaining the
examination. Payment from the fund may not be refused for the reason that the victim
later fails or refuses to cooperate in a criminal prosecution.
4.1.2. The investigating officer is responsible for contacting the prosecuting attorney or
assistant prosecuting attorney in the county where the alleged offense occurred to alert
said prosecuting attorney or assistant prosecuting attorney of the investigation.
4.1.3. Upon completion of the forensic medical exam, the investigating officer is
responsible for promptly transferring all evidence to the WV State Police Crime
Laboratory in South Charleston, West Virginia for evaluation.
W. Va. Code § 61-8B-15. Forensic Medical Examination Fund; Training of sexual assault
nurse examiners.
There is continued the “Forensic Medical Examination Fund”, created as a special fund in the
State Treasury, into which shall be deposited legislative appropriations to the fund. The West
Virginia Prosecuting Attorneys Institute, created by the provisions of section six [§ 7-4-6], article
four, chapter seven of this code, shall make expenditures from the fund, where it is determined
to be practical by the executive council and the executive director to pay the costs of forensic
medical examinations as defined in section sixteen [§ 61-8B-16]of this article, to train nurses to
examine sexual assault victims and to reimburse the institute for its expenses in administering
payments from the fund.
W. Va. Code § 61-8B-16. Payment for costs of forensic medical examination.
(a) When any person alleges that he or she has been the victim of an offense proscribed by this
article, the West Virginia Prosecuting Attorneys Institute shall pay to a licensed medical facility
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from the forensic medical examination fund the cost of the forensic medical examination for the
alleged victim on the following conditions and in the following manner:
(1) The payment shall cover all reasonable, customary and usual costs of the forensic
medical examination;
(2) The costs of additional nonforensic procedures performed by the licensed medical
facility, including, but not limited to, prophylactic treatment, treatment of injuries,
testing for pregnancy and testing for sexually transmitted diseases, may not be paid
from the fund: Provided, That nothing in this section shall be construed to prohibit a
licensed medical facility from seeking payment for services referred to in this subdivision
from the alleged victim or his or her insurer, if any;
(3) The forensic medical examination must have been conducted within a reasonable
time of the alleged violation;
(4) The licensed medical facility must apply for payment of the costs of a forensic
medical examination from the fund within a reasonable time of the examination;
(5) The licensed medical facility shall certify that the forensic medical examination was
performed and may submit a statement of charges to the West Virginia Prosecuting
Attorneys Institute for payment from the fund.
(b) No licensed medical facility may collect the costs of a forensic medical examination from the
alleged victim of a violation of this article or from the alleged victim's insurance coverage, if any.
(c) Nothing in this section shall be construed to require an alleged victim of sexual assault to
participate in the criminal justice system or to cooperate with law enforcement in order to be
provided a forensic medical examination pursuant to the provisions of this section.
WISCONSIN
Summary: There is no requirement that rape be reported. It is mandatory to report
gunshot wounds and burns. In order to receive crime victim’s compensation, victim must
report within five days and cooperate with law enforcement.
LAWS WHICH MANDATE THE REPORTING OF INJURIES THAT MAY INCLUDE RAPE OR ARE
RELATED TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS
Wis. Stat. § 255.40. Reporting of wounds and burn injuries.
(1) In this section:
(a) “Crime” has the meaning specified in s. 949.01 (1).
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(b) “Inpatient health care facility” has the meaning specified in s. 50.135 (1).
(2)
(a) Any person licensed, certified or registered by the state under ch. 441, 448 or 455
who treats a patient suffering from any of the following shall report in accordance with
par. (b):
1. A gunshot wound.
2. Any wound other than a gunshot wound if the person has reasonable cause
to believe that the wound occurred as a result of a crime.
3. Second-degree or 3rd-degree burns to at least 5% of the patients’ body or,
due to the inhalation of superheated air, swelling of the patients larynx or a
burn to the patients upper respiratory tract, if the person has reasonable cause
to believe that the burn occurred as a result of a crime.
(b) For any mandatory report under par. (a), the person shall report the patients name
and the type of wound or burn injury involved as soon as reasonably possible to the
local police department or county sheriffs office for the area where the treatment is
rendered.
(c) Any such person who intentionally fails to report as required under this subsection
may be required to forfeit not more than 500.
(3) Any person reporting in good faith under sub. (2), and any inpatient health care facility that
employs the person who reports, are immune from all civil and criminal liability that may result
because of the report. In any proceeding, the good faith of any person reporting under this
section shall be presumed.
(4) The reporting requirement under sub. (2) does not apply under any of the following
circumstances:
(a) The patient is accompanied by a law enforcement officer at the time treatment is
rendered.
(b) The patients name and type of wound or burn injury have been previously reported
under sub. (2).
(c) The wound is a gunshot wound and appears to have occurred at least 30 days prior
to the time of treatment.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
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Wis. Stat. § 949.08. Limitations on awards.
(1) No order for the payment of an award may be made unless the application was made within
1 year after the date of the personal injury or death, and the personal injury or death was the
result of an incident or offense which had been reported to the police within 5 days of its
occurrence or, if the incident or offense could not reasonably have been reported within such
period, within 5 days of the time when a report could reasonably have been made. The
department may waive the requirements under this subsection in the interest of justice.
(1m)
(a) Except as provided in par. (b), the department may not make an award of more than
$40,000 for any one injury or death and the department may not make any award for
expenses incurred after 4 years from the date of the injury or death.
(b) If an applicant was a child at the time of the injury, the department may consider for
payment eligible expenses that the applicant incurred not more than 1 year before he or
she submitted an application for an award under this subchapter. The department may
not make any award after 4 years have passed since the date the person made the
application or after 4 years have passed since the date on which the person incurred the
expense prior to submitting the application, whichever occurs first.
(2) No award may be ordered if the victim:
(a) Engaged in conduct which substantially contributed to the infliction of the victims
injury or death or in which the victim could have reasonably foreseen could lead to the
injury or death. This does not apply to awards to victims under s. 949.03 (1) (a).
(b) Committed a crime which caused or contributed to the victims injury or death.
(d) Has not cooperated with appropriate law enforcement agencies.
(e) Is an adult passenger in the offender’s vehicle, the crime involved is specified in s.
346.63 (2) or 940.25, and the passenger knew the offender was under the influence of
an intoxicant, a controlled substance, or another drug to a degree that renders him or
her incapable of safely driving. This paragraph does not apply if the victim is also a
victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.
(em) Is an adult passenger in the offender’s commercial motor vehicle, the crime
involved is specified in s. 346.63 (6) or 940.25, and the passenger knew the offender was
under the influence of an intoxicant, a controlled substance, or another drug to a degree
that renders him or her incapable of safely driving. This paragraph does not apply if the
victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or 948.30.
(f) Has not cooperated with the department in the administration of the program.
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(g) Is included on the statewide support lien docket under s. 49.854 (2) (b), unless the
victim provides to the department a payment agreement that has been approved by the
county child support agency under s. 59.53 (5) and that is consistent with rules
promulgated under s. 49.858 (2) (a).
(2m) If a claimant other than a victim has not cooperated with the department in the
administration of the program, no award may be ordered for the claimant.
(3) No award may be made to any claimant if the award would unjustly benefit the offender or
accomplice.
WYOMING
Summary: There is no specific requirement that rape be reported; however, law
enforcement is only obligated to pay for a forensic examination if the victim reports the
rape to law enforcement.
LAWS ADDRESSING PAYMENT FOR FORENSIC SEXUAL ASSAULT EXAMINATIONS
Wyo. Stat. § 6-2-309. Medical examination of victim; costs; use of report; minors;
rights of victims; reimbursement.
(a) A law enforcement agency receiving a report of a sexual assault may, with the victim's
consent, arrange for an examination of the victim by a licensed health care provider acting
within the scope of the provider's practice. The examination may include a medical examination
and treatment, evidence collection and evaluation, and appropriate referrals for follow-up
treatment and services. Upon consent of the victim to release of the results of the examination,
the evidence, record and reports shall be delivered to the law enforcement agency.
(b) Repealed by Laws 2006, ch. 77, § 2.
(c) Repealed by Laws 1991, ch. 130, § 2.
(d) Repealed by Laws 2006, ch. 77, § 2.
(e) If a report of a sexual assault is received from a minor victim, and the parents or guardian of
the minor cannot be located promptly with diligent effort, the examination provided for by
subsection (a) of this section may be conducted with the minor's consent. If a report of a sexual
assault is received alleging a minor as the victim and a parent or guardian is the suspected
perpetrator, the parent or guardian who is the suspected perpetrator shall not be notified
pursuant to this section.
(f) Repealed by Laws 2006, ch. 77, § 2.
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(g) Except as provided by subsection (j) of this section, the costs of any examination relating to
the investigation or prosecution of a sexual assault shall be billed to and paid by the investigating
law enforcement agency. These examination costs shall include the following:
(i) The cost of gathering evidence; and
(ii) Any other examinations authorized by law enforcement to aid in the investigation
and prosecution of the sexual assault.
(h) Except as provided by subsection (j) of this section, any examination costs directly incurred
by a sexual assault victim that are not covered by subsection (g) of this section, or other
collateral source, shall be submitted to the victim services division within the office of the
attorney general for determination of eligibility for payment from the crime victims
compensation account established by W.S. 1-40-114. All requests for compensation from the
account shall be subject to the eligibility guidelines set forth in the Crime Victims Compensation
Act, W.S. 1-40-101 through 1-40-119.
(j) A convicted offender of a sexual assault shall be ordered to reimburse any costs incurred
under subsections (g) and (h) of this section and any other costs incurred as a direct result of the
sexual assault.
(k) Each victim reporting a sexual assault shall be informed of the rights enumerated in this
section, the victim's rights to informed consent and the victim's rights as a victim of crime. The
victim shall also be informed of available medical, legal and advocacy services.
(m) The examinations authorized by this section shall remain confidential healthcare
information unless the victim or the victim's parent or legal guardian executes a release of
medical information for the purpose of prosecution to the county attorney, the state of
Wyoming or any relevant court. However, if the report of sexual assault described in subsection
(a) of this section results in the filing against any person of a criminal charge, or the filing of a
petition alleging a delinquent act which would be a felony if committed by an adult, the written
report disclosing the results of an examination made pursuant to this section shall be made
available to the person charged or his counsel upon demand.