2012 New York Consolidated Laws
PBH - Public Health
Article 28 - (2800 - 2823) HOSPITALS
2805-I - Treatment of sexual offense victims and maintenance of evidence in a sexual offense.

 
    §  2805-i.  Treatment  of  sexual  offense  victims and maintenance of
  evidence in a sexual offense. 1. Every hospital providing  treatment  to
  alleged victims of a sexual offense shall be responsible for:
    (a)  maintaining  sexual  offense evidence and the chain of custody as
  provided in subdivision two of this section.
    (b) contacting a rape crisis or  victim  assistance  organization,  if
  any,  providing  victim assistance to the geographic area served by that
  hospital to establish the coordination of non-medical services to sexual
  offense victims who request such coordination and services.
    (c)  offering  and  making  available  appropriate  HIV  post-exposure
  treatment   therapies;  including  a  seven  day  starter  pack  of  HIV
  post-exposure prophylaxis, in cases where it  has  been  determined,  in
  accordance   with   guidelines   issued  by  the  commissioner,  that  a
  significant exposure to HIV has occurred, and informing the victim  that
  payment  assistance  for such therapies may be available from the office
  of victim services pursuant to the provisions of article  twenty-two  of
  the  executive  law. With the consent of the victim of a sexual assault,
  the hospital emergency room department shall provide or arrange  for  an
  appointment   for   medical   follow-up  related  to  HIV  post-exposure
  prophylaxis and other care as appropriate.
    2. The sexual offense evidence shall be collected and kept in a locked
  separate and secure area for not less than thirty days unless: (a)  such
  evidence  is  not privileged and the police request its surrender before
  that time, which request shall be complied with; or (b) such evidence is
  privileged and (i) the alleged sexual offense victim nevertheless  gives
  permission  to  turn  such privileged evidence over to the police before
  that time, or (ii) the alleged sexual offense victim signs  a  statement
  directing the hospital to not collect and keep such privileged evidence,
  which  direction  shall  be  complied  with. The sexual offense evidence
  shall include, but not be limited to, slides, cotton swabs, clothing and
  other items. Where appropriate such items must be refrigerated  and  the
  clothes  and swabs must be dried, stored in paper bags and labeled. Each
  item of  evidence  shall  be  marked  and  logged  with  a  code  number
  corresponding  to  the  patient's  medical  record.  The  alleged sexual
  offense  victim  shall  be  notified  that  after   thirty   days,   the
  refrigerated  evidence  will  be  discarded in compliance with state and
  local health codes and the alleged sexual offense victim's clothes  will
  be returned to the alleged sexual offense victim upon request.
    3.  Upon admittance or commencement of treatment of the alleged sexual
  offense victim, the hospital shall advise the victim of the availability
  of  the  services  of  a  local  rape  crisis   or   victim   assistance
  organization, if any, to accompany the victim through the sexual offense
  examination.  If  after  receiving such advice the sexual offense victim
  wishes the presence of a rape crisis or victim assistance advocate,  the
  hospital shall contact the appropriate organization and request that one
  be  provided, provided, however, that if in the professional judgment of
  the treating practitioner a delay in treatment  is  detrimental  to  the
  provision  of  medical treatment, then examination or treatment need not
  be delayed pending the arrival of such  advocate  and  further  provided
  that  the  presence  or  continued  presence  of  such advocate does not
  interfere with the provision of necessary medical care to the victim.
    4. No hospital or treating  practitioner  shall  be  liable  in  civil
  damages  for failing to comply with the requirements of subdivision one,
  two or three of  this  section  or  acting  in  good  faith  to  provide
  treatment as provided in subdivision three of this section.
    4-a.  On and after April first, two thousand one, a hospital providing
  treatment to alleged victims of sexual offenses  shall  be  eligible  to

  receive  from  the  division  of  criminal justice services, at no cost,
  sexual offense evidence collection kits.
    4-b.  (a) The commissioner shall, with the consent of the directors of
  interested  hospitals  in  the  state  and  in  consultation  with   the
  commissioner  of  the  division  of criminal justice services, designate
  hospitals in the state as the sites of a twenty-four hour sexual assault
  forensic examiner program. The hospital sites  shall  be  designated  in
  urban,  suburban  and  rural  areas  to  give as many state residents as
  possible ready access to the sexual assault forensic  examiner  program.
  The  commissioner, in consultation with the commissioner of the division
  of criminal justice services, shall consider the following criteria when
  designating these sexual assault forensic examiner program sites:
    (1) the location of the hospital;
    (2) the hospital's capacity to provide on-site  comprehensive  medical
  services to victims of sexual offenses;
    (3)  the  capacity  of  the  hospital  site to coordinate services for
  victims of sexual offenses  including  medical  treatment,  rape  crisis
  counseling,   psychological  support,  law  enforcement  assistance  and
  forensic evidence collection;
    (4) the hospital's capacity to provide access to  the  sexual  assault
  forensic examiner site for disabled victims;
    (5) the hospital's existing services for victims of sexual offenses;
    (6)  the  capacity  of  the  hospital site to collect uniform data and
  insure confidentiality of such data; and
    (7) the  hospital's  compliance  with  state  and  federally  mandated
  standards of medical care.
    (b)  Each  sexual  assault  forensic  examiner program site designated
  pursuant to this subdivision  shall  comply  with  the  requirements  of
  subdivisions  one, two and three of this section, and shall also provide
  treatment to the victim as follows:
    (1) The victim shall, absent exigent circumstances, be met by a sexual
  assault forensic examiner  within  sixty  minutes  of  arriving  at  the
  hospital,  who  shall  be  a  nurse  practitioner,  physician assistant,
  registered nurse or physician specially trained in forensic  examination
  of  sexual  offense victims and the preservation of forensic evidence in
  such cases and certified as qualified to provide such services  pursuant
  to  regulations  promulgated  by  the  commissioner.  Such program shall
  assure that such a specially-trained forensic examiner  is  on-call  and
  available on a twenty-four hour a day basis every day of the year.
    (2)  An  examination of the victim shall be performed promptly by such
  forensic examiner in a private room designated for such examinations. An
  obstetrician/gynecologist or other appropriate medical doctor  shall  be
  readily  available  to the forensic examiner if there is a need for more
  specialized medical evaluation or treatment.
    (3) Promptly after the examination is completed, the victim  shall  be
  permitted  to shower, be provided with a change of clothing, and receive
  follow-up information, counseling, medical treatment and  referrals  for
  same.
    (c)  Nothing  in  this  subdivision  shall  affect  the  existence  or
  continued existence of any program in this state through which a trained
  nurse practitioner, physician assistant, registered nurse  or  physician
  is  providing  appropriate forensic examinations and related services to
  survivors of sexual assault.
    5. The commissioner shall promulgate such rules and regulations as may
  be necessary and proper to carry out effectively the provisions of  this
  section.   Prior   to  promulgating  such  rules  and  regulations,  the
  commissioner shall  consult  with  relevant  police  agencies,  forensic
  laboratories,  rape crisis centers, hospitals, and other such persons as

  the commissioner deems  necessary.  Such  rules  and  regulations  shall
  identify the offenses subject to the provisions of this section, provide
  a  specific  definition  of  sexual  offense  evidence  and require each
  hospital  to  contact its local police agency and forensic laboratory to
  determine their specific needs or requirements.
    6. On or before November thirtieth, two thousand two, the commissioner
  shall make a report to the governor,  the  temporary  president  of  the
  senate  and  the  speaker  of the assembly concerning the sexual assault
  forensic examiner program established under subdivision four-b  of  this
  section. Such report shall include an evaluation of the efficacy of such
  program  in  obtaining  useful forensic evidence in sexual offense cases
  and assuring quality treatment to sex offense victims. Such report shall
  also recommend  whether  this  program  should  be  expanded  and  shall
  estimate the financial cost, if any, of such expansion.