Establishes the sexual assault forensic examination telemedicine pilot program to provide expert, comprehensive, compassionate care to patients and training to support providers in health care facilities that do not have a designated sexual assault forensic examination program.
STATE OF NEW YORK
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5281
2021-2022 Regular Sessions
IN ASSEMBLY
February 12, 2021
___________
Introduced by M. of A. GUNTHER, GALEF, 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.
LBD02479-01-1
A. 5281 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-three.
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.