SF 4855

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/12/2024 09:18am

A bill for an act
relating to public safety; requiring hospitals to provide sexual assault forensic
examinations; requiring a report; appropriating money for medical forensic
coordinator positions within the Department of Public Safety; amending Minnesota
Statutes 2023 Supplement, section 144.99, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.5855] REQUIREMENT TO CONDUCT SEXUAL ASSAULT
FORENSIC EXAMINATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision apply to this section.
new text end

new text begin (b) "Qualified medical provider" means a licensed registered nurse or a physician.
new text end

new text begin (c) "Sexual assault" means criminal sexual conduct in the first degree under section
609.342, criminal sexual conduct in the second degree under section 609.343, criminal
sexual conduct in the third degree under section 609.344, criminal sexual conduct in the
fourth degree under section 609.345, sexual extortion under section 609.3458, or incest
under section 609.365.
new text end

new text begin (d) "Sexual assault examination kit" has the meaning given in section 299C.106,
subdivision 1.
new text end

new text begin (e) "Sexual assault survivor" means a person who presents at a hospital as a patient and
alleges, or is alleged, to have been sexually assaulted or describes an experience consistent
with a potential sexual assault even if the person does not allege a crime has occurred.
new text end

new text begin Subd. 2. new text end

new text begin Qualified medical provider required. new text end

new text begin All hospitals must have a qualified
medical provider available to conduct a sexual assault forensic examination.
new text end

new text begin Subd. 3. new text end

new text begin Survivor advocates required. new text end

new text begin All hospitals must maintain a memorandum of
understanding with a community-based sexual assault advocacy program to ensure the
availability of sexual assault survivor advocates to provide medical advocacy services to a
sexual assault survivor prior to and during a sexual assault forensic examination.
new text end

new text begin Subd. 4. new text end

new text begin Sexual assault forensic examinations. new text end

new text begin All hospitals must:
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new text begin (1) orally inform each sexual assault survivor of the option of having the hospital conduct
a sexual assault forensic examination;
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new text begin (2) orally inform each sexual assault survivor that a sexual assault forensic examination
is available at no cost to the survivor and does not obligate the survivor to participate in the
criminal justice system or cooperate with law enforcement; and
new text end

new text begin (3) within a reasonable time frame, conduct according to the requirements of section
299C.106 a sexual assault forensic examination of each sexual assault survivor who requests
the examination provided the examination is not medically contraindicated and is performed
by a qualified medical provider.
new text end

new text begin Subd. 5. new text end

new text begin Cost of sexual assault forensic examinations. new text end

new text begin Hospitals must comply with
section 609.35.
new text end

new text begin Subd. 6. new text end

new text begin Sexual assault-related policies and procedures required. new text end

new text begin Each hospital must
develop, maintain, and implement sexual assault-related policies and procedures.
new text end

new text begin Subd. 7. new text end

new text begin Required training. new text end

new text begin (a) Each hospital must ensure that personnel working in
emergency departments receive every two years a minimum of two hours of training on
responding to sexual assault survivors.
new text end

new text begin (b) Training provided under this subdivision may be provided in person or online and
must include information on:
new text end

new text begin (1) the provision of sexual assault forensic examinations;
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new text begin (2) the use of sexual assault examination kits;
new text end

new text begin (3) sexual assault epidemiology, neurobiology of trauma, drug-facilitated sexual assault,
child sexual abuse, and Minnesota sexual assault-related laws; and
new text end

new text begin (4) the hospital's sexual assault-related policies and procedures.
new text end

new text begin Subd. 8. new text end

new text begin Sexual assault treatment plan required. new text end

new text begin Beginning August 1, 2025, each
hospital must submit to the statewide medical forensic coordinator an annual report that
includes the hospital's current memorandum of understanding with a community-based
sexual assault advocacy program for the provision of medical advocacy services to sexual
assault survivors, the hospital's current plan to ensure the availability of qualified medical
providers, the hospital's plan to ensure the training required under subdivision 7 is provided,
and a statement that the hospital has complied with the requirements of subdivision 6.
new text end

new text begin Subd. 9. new text end

new text begin Commissioner's duty to investigate. new text end

new text begin Beginning August 1, 2025, the
commissioner of health shall accept and investigate complaints regarding hospital compliance
with this section.
new text end

new text begin Subd. 10. new text end

new text begin Hospital compliance. new text end

new text begin Beginning August 1, 2025, the commissioner of health,
with the assistance of the statewide medical forensic coordinator, shall periodically determine
whether hospitals are in compliance with this section. Notwithstanding section 144.653,
subdivision 6, the commissioner may impose a fine of up to $20,000 for failure to comply
with the requirements of this section. The commissioner must allow the hospital at least 30
calendar days to correct a violation of this section before assessing a fine. Failure of a
hospital to comply with this section may also be grounds for the suspension or revocation
of a hospital's license under section 144.55, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 to 7 are effective August 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 144.99, subdivision 1, is amended
to read:

Subdivision 1.

Remedies available.

The provisions of chapters 103I and 157 and sections
115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14),
and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385;
144.411 to 144.417; 144.495; new text begin 144.5855; new text end 144.71 to 144.74; 144.9501 to 144.9512; 144.97
to 144.98; 144.992; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all
rules, orders, stipulation agreements, settlements, compliance agreements, licenses,
registrations, certificates, and permits adopted or issued by the department or under any
other law now in force or later enacted for the preservation of public health may, in addition
to provisions in other statutes, be enforced under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025.
new text end

Sec. 3. new text begin APPROPRIATION; MEDICAL FORENSIC COORDINATORS.
new text end

new text begin $....... is appropriated in fiscal year 2025 from the general fund to the commissioner of
public safety for two adult/adolescent sexual assault nurse examiner (SANE)/forensic nurse
examiner (FNE) positions within the Office of Justice Programs. Each position must be
filled by an adult/adolescent SANE/FNE-certified registered nurse whose duties include:
new text end

new text begin (1) coordinating, supporting, and enhancing existing adult/adolescent SANE/FNE
programs in Minnesota and developing new ones;
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new text begin (2) working across state agencies and partnering with the Board of Nursing, Board of
Medical Practice, and nonprofit organizations to promote consistent, professional, and
victim-oriented medical and forensic responses to and treatments for victims of sexual
violence;
new text end

new text begin (3) supporting and coordinating community education and public outreach regarding
relevant SANE/FNE issues; and
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new text begin (4) providing legislative support and making recommendations regarding:
new text end

new text begin (i) centralizing sexual assault data collection and reporting requirements;
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new text begin (ii) designating health care facilities, including ambulatory and outpatient settings, as
facilities ready for sexual assault forensic examination;
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new text begin (iii) expanding trauma-informed training for all personnel that interact with sexual assault
survivors;
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new text begin (iv) workforce development and funding for training of trauma-informed health care
providers, including sexual assault forensic examiners and sexual assault forensic nurse
examiners; and
new text end

new text begin (v) other recommendations to improve sexual assault survivor care and services in the
state.
new text end