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General Assembly Substitute Bill No. 796
January Session, 2019
AN ACT CONCERNING SE XUAL ASSAULT FORENSI C EXAMINERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 19a-112f of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) There is established a Sexual Assault Forensic Examiners 3
Advisory Committee consisting of the following: (1) The Chief Court 4
Administrator, or the Chief Court Administrator's designee; (2) [the 5
Chief State's Attorney, or the Chief State's Attorney's designee; (3)] the 6
Commissioner of Public Health, or the commissioner's designee; [(4)] 7
(3) the director of the Office of Victim Services, or the director's 8
designee; (4) the chairperson of the Commission on the 9
Standardization of the Collection of Evidence in Sexual Assault 10
Investigations, or the chairperson's designee; (5) a representative from 11
the Division of Scientific Services, appointed by the Commissioner of 12
Emergency Services and Public Protection; [(5) a representative from 13
the Division of State Police appointed by the Commissioner of 14
Emergency Services and Public Protection;] (6) the Victim Advocate, or 15
the Victim Advocate's designee; (7) the president of the Connecticut 16
Hospital Association, or the president's designee; (8) the president of 17
the Connecticut College of Emergency Physicians, or the president's 18
designee; (9) one member from Connecticut Alliance to End Sexual 19
Violence, appointed by its board of directors; (10) [one member from 20 Substitute Bill No. 796
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the Connecticut Police Chiefs Association, appointed by the 21
association; (11)] one member from the Connecticut Emergency Nurses 22
Association, appointed by the association; [and (12)] (11) one member 23
from the Connecticut Chapter of the International Association of 24
Forensic Nurses, appointed by the association; (12) one member from 25
the Connecticut Nurses Association, appointed by the association; and 26
(13) the program manager of the sexual assault forensic examiners 27
program established pursuant to subdivision (14) of subsection (b) of 28
section 54-203, as amended by this act, or the program manager's 29
designee. 30
(b) The committee shall [advise] recommend to the Office of Victim 31
Services [on the establishment and implementation of] policies and 32
procedures with regard to the sexual assault forensic examiners 33
program established pursuant to subdivision (14) of subsection (b) of 34
section 54-203, as amended by this act, and section 19a-112g, as 35
amended by this act. [The committee shall make specific 36
recommendations concerning: (1) The recruitment of registered nurses, 37
advanced practice registered nurses and physicians to participate in 38
such program; (2) the development of a specialized training course 39
concerning such program for registered nurses, advanced practice 40
registered nurses and physicians who participate in the program; (3) 41
the development of agreements between the Judicial Branch, the 42
Department of Public Health and acute care hospitals relating to the 43
scope of services offered under the program and hospital standards 44
governing the provision of such services; (4) individual case tracking 45
mechanisms; (5) utilization of medically accepted best practices; and 46
(6) the development of quality assurance measures. ] 47
Recommendations from the committee may include, but need not be 48
limited to, the following: (1) The certification process for individuals 49
qualified to participate as sexual assault forensic examiners, as defined 50
in subsection (a) of section 19a-112e, as amended by this act; (2) 51
continuing education requirements for the maintenance and renewal 52
of such certification; (3) the development of quality assurance 53
measures to ensure the needs of victims of sexual assault are met; and 54 Substitute Bill No. 796
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(4) such other related recommendations as determined by the 55
committee. 56
(c) [The Sexual Assault Forensic Examiners Advisory Committee 57
shall terminate on June 30, 2013.] Any recommendations of the 58
committee made pursuant to subsection (b) of this section shall be 59
presented to the director of the Office of Victim Services for 60
consideration. The director of the Office of Victim Services may 61
forward such recommendations to the Office of the Chief Court 62
Administrator. The Chief Court Administrator, in his or her discretion, 63
may direct the implementation of such recommendations as policies 64
and procedures pursuant to section 54-207a, as amended by this act. 65
Individuals qualified to participate as sexual assault forensic 66
examiners, as defined in subsection (a) of section 19a-112e, as amended 67
by this act, shall comply with all policies and procedures implemented 68
by the Chief Court Administrator to obtain certification and to remain 69
in good standing. 70
Sec. 2. Section 19a-112e of the general statutes is repealed and the 71
following is substituted in lieu thereof (Effective July 1, 2019): 72
(a) As used in this section and sections 19a-112f and 19a-112g, as 73
amended by this act: 74
(1) "Emergency contraception" means one or more prescription 75
drugs used separately or in combination administered to or self-76
administered by a patient to prevent pregnancy, within a medically 77
recommended amount of time after sexual intercourse and provided 78
for that purpose, in accordance with professional standards of practice, 79
and determined to be safe by the United States Food and Drug 80
Administration. 81
(2) "Emergency treatment" means any medical examination or 82
treatment provided in a licensed health care facility to a victim of 83
sexual assault following an alleged sexual assault. 84
(3) "Medically and factually accurate and objective" means verified 85 Substitute Bill No. 796
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or supported by the weight of research conducted in compliance with 86
accepted scientific methods and published in peer-reviewed journals, 87
where applicable. 88
(4) "Victim of sexual assault" means any [female] person who alleges 89
or is alleged to have suffered an injury as a result of a sexual offense. 90
(5) "Sexual offense" means a violation of subsection (a) of section 91
53a-70, section 53a-70a or 53a-70b, subsection (a) of section 53a-71, 92
section 53a-72a or 53a-72b, subdivision (2) of subsection (a) of section 93
53a-86, subdivision (2) of subsection (a) of section 53a-87 or section 94
53a-90a, 53a-196a or 53a-196b. 95
(6) "Independent provider" means a physician licensed under 96
chapter 370, a physician assistant licensed under chapter 370, an 97
advanced practice registered nurse or registered nurse licensed under 98
chapter 378, or a nurse-midwife licensed under chapter 377, all of 99
whom are trained and certified pursuant to the certification process 100
implemented by the Chief Court Administrator pursuant to subsection 101
(c) of section 19a-112f, as amended by this act, to conduct a forensic 102
exam in accordance with the state of Connecticut Technical Guidelines 103
for Health Care Response to Victims of Sexual Assault, published by 104
the Commission on the Standardization of the Collection of Evidence 105
in Sexual Assault Investigations pursuant to section 19a-112a. 106
(7) "Sexual assault forensic examiner" means a physician or 107
physician assistant licensed pursuant to chapter 370, a registered nurse 108
or advanced practice registered nurse licensed pursuant to chapter 378 109
or nurse midwife licensed pursuant to chapter 377 who has 110
successfully completed the certification process and met all continuing 111
education and recertification requirements implemented by the Chief 112
Court Administrator pursuant to subsection (c) of section 19a-112f, as 113
amended by this act. 114
(8) "Sexual assault nurse examiner" means a registered nurse or an 115
advanced practice registered nurse licensed pursuant to chapter 378 116 Substitute Bill No. 796
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who has successfully completed the certification process and met all 117
continuing education and recertification requirements implemented by 118
the Chief Court Administrator pursuant to subsection (c) of section 119
19a-112f, as amended by this act. 120
(9) "Health care facility" means (A) a hospital licensed under chapter 121
368v that has an emergency department, including any free-standing 122
emergency department, or (B) an infirmary operated by The University 123
of Connecticut at Storrs. 124
(b) The standard of care for each [licensed] health care facility that 125
provides emergency treatment to a victim of sexual assault shall 126
include promptly: 127
(1) Providing each victim of sexual assault with medically and 128
factually accurate and objective information relating to emergency 129
contraception; 130
(2) Informing such victim of sexual assault of the availability of 131
emergency contraception, its use and efficacy; and 132
(3) Providing emergency contraception to such victim of sexual 133
assault at the facility upon the request of such victim, except that a 134
[licensed] health care facility shall not be required to provide 135
emergency contraception to a victim of sexual assault who has been 136
determined to be pregnant through the administration of a pregnancy 137
test approved by the United States Food and Drug Administration. 138
(c) In order to comply with the standard of care requirements 139
prescribed in subsection (b) of this section, a [licensed] health care 140
facility [may contract with one or more independent providers to] 141
shall: (1) Ensure compliance at the facility with the standard of care 142
requirements prescribed in said subsection (b), and (2) conduct at the 143
facility a forensic exam of the sexual assault victim in accordance with 144
the state of Connecticut Technical Guidelines for Health Care 145
Response to Victims of Sexual Assault, published by the Commission 146
on the Standardization of the Collection of Evidence in Sexual Assault 147 Substitute Bill No. 796
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Investigations pursuant to section 19a-112a. A health care facility may 148
contract with one or more independent providers who has been 149
certified as a sexual assault forensic examiner pursuant to the 150
certification process implemented by the Chief Court Administrator 151
pursuant to subsection (c) of section 19a-112f, as amended by this act. 152
(d) No [licensed] health care facility that provides emergency 153
treatment to a victim of sexual assault shall determine such facility's 154
protocol for complying with the standard of care requirements 155
prescribed in subsection (b) of this section on any basis other than a 156
pregnancy test approved by the United States Food and Drug 157
Administration. 158
(e) No person shall use the title "sexual assault forensic examiner" or 159
"sexual assault nurse examiner", or any variant of such titles, without 160
successfully completing the certification requirements imposed by the 161
Chief Court Administrator pursuant to subsection (c) of section 19a-162
112f, as amended by this act. 163
Sec. 3. Section 19a-112g of the general statutes is repealed and the 164
following is substituted in lieu thereof (Effective July 1, 2019): 165
[(a) As used in this section: 166
(1) "Sexual assault forensic examiner" means a registered nurse or 167
advanced practice registered nurse licensed pursuant to chapter 378 or 168
a physician licensed pursuant to chapter 370; and 169
(2) "Health care facility" means a facility (A) operated by an 170
institution of higher education, (B) licensed by the Department of 171
Public Health as an infirmary operated by an educational institution or 172
as an outpatient clinic, and (C) accredited by the Joint Commission or 173
the Accreditation Association for Ambulatory Health Care.] 174
[(b)] A sexual assault forensic examiner may provide immediate 175
care and treatment to a victim of sexual assault who is a patient in [an 176
acute care hospital or in] a health care facility and collect evidence 177 Substitute Bill No. 796
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pertaining to the investigation of any sexual assault in accordance with 178
the State of Connecticut Technical Guidelines for Health Care 179
Response to Victims of Sexual Assault, published by the Commission 180
on the Standardization of the Collection of Evidence in Sexual Assault 181
Investigations pursuant to section 19a-112a. Services provided by a 182
sexual assault forensic examiner shall be: (1) In accordance with the 183
policies and accreditation standards of the [acute care hospital or] 184
health care facility; and (2) pursuant to a written agreement entered 185
into by the [(A) acute care hospital or] health care facility [, (B) 186
Department of Public Health, and (C)] and the Office of Victim 187
Services concerning the training of identified health care providers and 188
participation of the [acute care hospital or] health care facility in the 189
sexual assault forensic examiners program. Nothing in this section 190
shall be construed as altering the scope of the practice of nursing as set 191
forth in section 20-87a. 192
Sec. 4. Subdivision (14) of subsection (b) of section 54-203 of the 193
general statutes is repealed and the following is substituted in lieu 194
thereof (Effective July 1, 2019): 195
(14) To (A) maintain, within available appropriations, a sexual 196
assault forensic examiners program that will train and make available 197
sexual assault forensic examiners to adolescent and adult victims of 198
sexual assault who are patients at participating health care facilities. In 199
order to maintain such program, the Office of Victim Services may 200
apply for, receive, allocate, disburse and account for grants of funds 201
made available by the United States, the state, foundations, 202
corporations and other businesses, agencies or individuals; or (B) 203
establish, within available appropriations, a training program for 204
health care professionals [in nonparticipating health care facilities] on 205
the care of and collection of evidence from adolescent and adult 206
victims of sexual assault; 207
Sec. 5. Section 54-207a of the general statutes is repealed and the 208
following is substituted in lieu thereof (Effective July 1, 2019): 209 Substitute Bill No. 796
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The Office of the Chief Court Administrator shall prescribe such 210
policies and procedures, as deemed necessary, to implement the 211
provisions of sections 54-201 to 54-235, inclusive, and sections 19a-112e 212
to 19a-112g, inclusive, as amended by this act, and may formulate 213
standards for the uniform application of the payment of compensation 214
of claims. 215
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 19a-112f
Sec. 2 July 1, 2019 19a-112e
Sec. 3 July 1, 2019 19a-112g
Sec. 4 July 1, 2019 54-203(b)(14)
Sec. 5 July 1, 2019 54-207a
Statement of Legislative Commissioners:
In section 2(a), "and sections 19a-112f and 19a-112g, as amended by
this act" was inserted after "section" for accuracy and the definitions of
"Sexual assault forensic examiner" and "Sexual assault nurse examiner"
were divided into Subdivs. (7) and (8) for clarity, and in section 2 (e),
"process implemented" was changed to "requirements imposed" for
accuracy.
PH Joint Favorable Subst.