The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 147 Original 2022 Regular Session Mizell
Present law provides that a healthcare provider must treat any patient who presents themselves for
treatment as a victim of a sexually-oriented criminal offense and conduct forensic medical exams
and preserve any evidence obtained for law enforcement to collect.
Proposed law retains present law.
Proposed law permits the victim of a sexually-oriented criminal offense to request and receive from
a healthcare provider, whether or not the incident was reported to law enforcement, certain
documents generated from a forensic medical exam, to include reports written by the sexual-assault
nurse examiner (SANE), including examination of physical trauma, patient interview, medical
history, triage and consultation, photographic documentation, results from alcohol-and-drug-
facilitated sexual assault assessment and toxicology screening.
Proposed law requires that the healthcare provider produce those documents upon request of victim
ten days after examination or as soon as available, but no later than 120 days from the date of
examination.
Proposed law provides that the items to be provided pursuant to the proposed law are to be provided
at no cost to the victim and may only be produced to the victim. Proposed law further provides that
these records are not public records.
Effective August 1, 2022.
(Amends R.S. 40:1216.1(G); adds R.S. 40:1216.1(H))