HLS 19RS-784 ENGROSSED
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 81
BY REPRESENTATIVE DUPLESSIS
HEALTH/MEDICAL TREATMENT: Requests the Louisiana Department of Health study
the treatment of victims of sexual assault
1 A CONCURRENT RESOL UTION
2To urge and request the Louisiana Department of Health, in collaboration with the Louisiana
3 Sexual Assault Oversight Commission, to study the investigation, treatment, and
4 evaluation of victims of sexual assault, specifically forensic examinations, and to
5 develop guidelines for the 2020 Regular Session of the Louisiana Legislature.
6 WHEREAS, there is a need to provide guidelines for the investigation, treatment,
7evaluation, and the collection of evidence of victims of sexual assault; and
8 WHEREAS, every patient has a right to make informed decisions about their care
9including participation in or denial of any or all portions of the sexual assault evidence
10collection kit; and
11 WHEREAS, there may be situations where there is a high degree of suspicion that
12a sexual assault has occurred and the patient is unable to provide informed consent due to
13unconsciousness for reasons that may be permanent or temporary with causes such as head
14trauma or psychoactive substances; and
15 WHEREAS, there is a need to establish guidelines that are targeted to preserve all
16possible evidence without jeopardizing the medical and psychological care and stabilization
17of the patient which is a paramount priority; and
18 WHEREAS, such guidelines should be targeted to initiate immediate, compassionate,
19knowledgeable, and sensitive care in a private environment for patients, who describe being
20sexually assaulted; and
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1 WHEREAS, when treating unconscious patients believed to be victims of sexual
2assault, forensic examiners are faced with the choice between conducting an examination
3on a patient who cannot legally consent or losing potential evidence before the patient
4regains the ability to consent: and
5 WHEREAS, existing law on informed consent in Louisiana does not explicitly state
6whether a forensic medical examination is included.
7 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
8urge and request the Louisiana Department of Health (department), in collaboration with the
9Louisiana Sexual Assault Oversight Commission (commission), to study the investigation,
10treatment, and evaluation of victims of sexual assault, specifically forensic examinations,
11and to develop guidelines for the 2020 Regular Session of the Louisiana Legislature.
12 BE IT FURTHER RESOLVED that the department, in collaboration with the
13commission, shall develop recommendations on any policy changes, which shall be
14submitted to the House Committee on Health and Welfare and the Senate Committee on
15Health and Welfare not later than sixty days prior to the convening of the 2020 Regular
16Session of the Louisiana Legislature.
17 BE IT FURTHER RESOLVED that the department, in collaboration with the
18commission, shall study and consider guidelines that address:
19 (1) The application of forensic medical exams and additional forensic services to all
20alleged sex crime victims who apply for forensic medical exams and additional forensic
21services in relation to injuries or trauma resulting from the alleged sex crime.
22 (2) That the provision of services may not be dependent on a victim's reporting to,
23or cooperating with, law enforcement.
24 (3) What crimes are considered sex crimes.
25 (4) The care and services sexual assault patients should receive.
26 (5) The consent required for forensic medical exams and additional forensic services.
27 (6) The requirements to consent for such examinations and the appropriateness of
28implied consent in situations of unconsciousness or other mental incapacity and inability to
29give consent.
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1 (7) The choice that patients may decline evidentiary exam care without effect to other
2care and treatment provided.
3 (8) Which providers may conduct a forensic medical examination without the
4consent of the person who is the subject of the examination, or the consent of another person
5authorized to give consent when certain conditions are met.
6 BE IT FURTHER RESOLVED that the department, in collaboration with the
7commission, develop guidelines for the care and treatment of patients under the age of
8majority reporting for post-sexual assault that address the following:
9 (1) Special protocols necessary to treat adolescent patients such as notifying the
10Department of Children and Family Services when a patient is under the age of majority as
11mandated by law.
12 (2) The appropriate procedures for care of patients under the age of majority.
13 (3) The duties of a provider including but not limited to:
14 (a) Requiring the victim to sign a form that notifies the victim of his or her rights.
15 (b) Providing a copy of the signed form to the victim.
16 (c) Informing law enforcement that a sample is available.
17 BE IT FURTHER RESOLVED that such guidelines discuss issues surrounding the
18collection of evidence, including but not limited to:
19 (1) Specimen collection.
20 (2) Evidence exam.
21 (3) Sealing evidence.
22 (4) Evidence collection kit.
23 (5) Storage of evidence and chain of custody.
24 (6) Documentation.
25 (7) Medications.
26 (8) Patient release.
27 BE IT FURTHER RESOLVED that such guidelines discuss the duty of law
28enforcement to transport a sample to secured storage and the time frame of such; the
29circumstances under which such evidence may be destroyed; and any notice required to
30inform the victim that such evidence may be destroyed.
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HCR NO. 81
1 BE IT FURTHER RESOLVED that such guidelines discuss the payment or
2reimbursement of forensic medical exams and the conditions that must be met in order to
3receive such reimbursement.
4 BE IT FURTHER RESOLVED that such guidelines discuss what services, if any,
5will be provided without charge.
6 BE IT FURTHER RESOLVED that such guidelines identify stakeholders needed to
7assist in the development and operation of forensic services.
8 BE IT FURTHER RESOLVED that such guidelines discuss the necessity of a sexual
9assault response team; under whose authority such teams shall be appointed and assembled;
10the mission of such teams; and the duties of such teams.
11 BE IT FURTHER RESOLVED that the department, in collaboration with the
12commission, discuss any other guidelines related to the investigation, treatment, and
13evaluation of victims of sexual assault, specifically forensic examinations; consent of such
14victims and when implied consent is appropriate and deemed necessary; and services and
15treatment of victims under the age of majority.
16 BE IT FURTHER RESOLVED that the Louisiana Department of Health shall submit
17its findings and recommendations in the form of a written report to the House Committee
18on Health and Welfare and the Senate Committee on Health and Welfare not later than sixty
19days prior to the 2020 Regular Session of the Louisiana Legislature.
20 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
21secretary of the Louisiana Department of Health and the attorney general.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 81 Engrossed 2019 Regular Session Duplessis
Requests the La. Department of Health, in collaboration with the La. Sexual Assault
Oversight Commission, to study the treatment of victims of sexual assault, specifically
forensic examinations, and to develop guidelines for the 2020 Regular Session of the
Louisiana Legislature.
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