New York 2023-2024 Regular Session

New York Assembly Bill A04276 Latest Draft

Bill / Introduced Version Filed 02/14/2023

   
  STATE OF NEW YORK ________________________________________________________________________ 4276 2023-2024 Regular Sessions  IN ASSEMBLY February 14, 2023 ___________ Introduced by M. of A. GUNTHER, REYES -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to establishing the sexual assault forensic examination telemedicine pilot program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2805-ii to read as follows: 3 § 2805-ii. Sexual assault forensic examination telemedicine pilot 4 program. 1. SAFE pilot establishment. The commissioner shall establish a 5 sexual assault forensic examination (SAFE) telemedicine pilot program to 6 assist in providing expert, comprehensive, compassionate care to adult 7 and adolescent patients and training to support providers in health care 8 facilities that do not have a designated sexual assault forensic exam- 9 ination program. The commissioner shall consult with the division of 10 criminal justice services, where appropriate, in the establishment of 11 such pilot program. Such SAFE telemedicine pilot shall: 12 (a) support patient care and provide health care provider instruction 13 and support in a timely manner on a twenty-four hours a day, seven days 14 a week basis to any victim of sexual assault or abuse who presents at a 15 facility participating in such pilot for services associated with sexual 16 assault or abuse, and consents to such services; 17 (b) have professionals specially trained, experienced and certified as 18 sexual assault forensic examiners to support emergency room staff in 19 caring for victims of sexual assault or abuse and appropriately securing 20 forensic evidence through live audio video technology; 21 (c) offer to provide support through telemedicine to no less than 22 forty-six hospitals upon the effective date of this section, including 23 all critical access hospitals and many hospitals in rural and/or under- 24 served areas of the state; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09062-01-3 

 A. 4276 2 1 (d) ensure the medical records of both providers, where applicable 2 comply with all applicable laws and regulation relating to evidence 3 preservation; and 4 (e) meet any other requirements identified by the commissioner. 5 2. SAFE pilot evaluation. The commissioner shall evaluate, or contract 6 with an entity to evaluate, the effectiveness of such SAFE pilot program 7 and prepare a report on the process of care, the outcomes delivered and 8 the outcomes received. Such report shall also evaluate how such pilot 9 can successfully transition to a self-sustaining program where non-SAFE 10 hospitals could subscribe to a SAFE telemedicine program. Such report 11 shall be delivered to the governor, the temporary president of the 12 senate and the speaker of the assembly by December first, two thousand 13 twenty-five. 14 § 2. This act shall take effect immediately; provided that such sexual 15 assault forensic examination telemedicine pilot program, as added by 16 section one of this act, shall be established by the commissioner of 17 health no later than the one hundred twentieth day after it shall have 18 become a law.