Iowa Code 915.46 – Sexual assault forensic examiner program
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1. As used in this section:
a. “Federally qualified health center” means a facility as defined in 42 U.S.C. § 1396d(1)(2)(B) that provides primary care or sexual health services.
b. “Medical forensic services” include but are not limited to taking a medical history, performing photographic documentation, performing a physical examination, assessing a patient for evidence collection, collection of evidence using a sexual abuse evidence collection kit, assessing a patient for drug-facilitated or alcohol-facilitated sexual assault, providing an evaluation of and care for sexually transmitted infection and HIV, pregnancy risk evaluation and care, and discharge and follow-up health care planning.
c. “Pediatric treatment facility” means a treatment facility that provides treatment relating to the development, care, and diseases of infants, children, and adolescents and that meets the accreditation requirements described in subsection 3.
d. “Sexual assault examiner” means a medical practitioner who is trained to provide services that include but are not limited to the following:
(1) Taking a medical history.
(2) Performing photographic documentation.
(3) Performing a physical examination.
(4) Assessing a patient for evidence collection.
(5) Collecting evidence using a sexual abuse evidence collection kit.
(6) Assessing a patient for drug-facilitated or alcohol-facilitated sexual assault.
(7) Providing an evaluation of care for sexually transmitted infection and HIV, pregnancy risk evaluation, and care.
(8) Providing discharge follow-up health care planning.
e. “Sexual assault nurse examiner” means a registered nurse, an advanced registered nurse practitioner, or an advanced practice registered nurse, licensed pursuant to chapter 152 or 152E who has completed a sexual assault forensic examiner program that meets the sexual assault nurse examiner education guidelines established by the international association of forensic nurses.
f. “Sexual assault survivor” means a person who seeks medical forensic services in relation to injuries or trauma resulting from a sexual assault.
g. “Treatment facility” means a hospital, clinic, or pediatric treatment facility that provides medical forensic services to sexual assault survivors who seek medical forensic services for a sexual assault within seven days of a sexual assault, or who have disclosed a past sexual assault by a specific person.
Terms Used In Iowa Code 915.46
- Child: includes child by adoption. See Iowa Code 4.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- victim: means a minor under the age of eighteen who has been sexually abused or subjected to any other unlawful sexual conduct under chapter 709, 710A, or 726 or who has been the subject of a forcible felony. See Iowa Code 915.35
2. A sexual assault forensic examiner program is established within the department of justice. The sexual assault forensic examiner program shall maintain a list of sexual assault examiners and sexual assault nurse examiners who have completed didactic and clinical training approved by the department of justice and consistent with the sexual assault forensic examiner education guidelines established by the international association of forensic nurses.
3. In order to qualify as a treatment facility under this section, a pediatric treatment facility shall meet the accreditation standards for children’s advocacy centers adopted by the national children’s alliance including any of the following medical provider eligibility or training requirements:
a. Child abuse pediatric sub-board eligibility or certification.
b. A minimum of sixteen hours of formal didactic training in the medical evaluation of child sexual abuse for a physician without board certification or board eligibility in child abuse pediatrics, an advanced practice registered nurse, or a physician assistant.
c. A minimum of forty hours of coursework specific to the medical evaluation of child sexual abuse followed by a competency-based clinical preceptorship.
d. A pediatric treatment facility shall not exclude the presence of or interfere with the activities of a victim counselor as defined in section 915.20A.
4. a. By July 1, 2022, the sexual assault forensic examiner program shall develop and make available to treatment facilities two hours of online sexual assault training for sexual assault examiners and sexual assault nurse examiners. Notwithstanding any other law regarding ongoing licensure requirements, such training shall apply toward the continuing medical education and continuing nursing education credits for physicians, physician assistants, registered nurses, advanced registered nurse practitioners, and advanced practice registered nurses.
b. The sexual assault forensic examiner program shall provide didactic and clinical training opportunities consistent with the sexual assault forensic examiner education guidelines established by the international association of forensic nurses, in collaboration with the Iowa department of public health and the Iowa coalition against sexual assault, in sufficient numbers and geographical locations across the state to assist treatment facilities with training sexual assault examiners and sexual assault nurse examiners.
c. Sexual assault training provided under this subsection may be provided in person or online and shall include but is not limited to information concerning all of the following:
(1) The provision of medical forensic services.
(2) The use of a sexual abuse evidence collection kit.
(3) Sexual assault epidemiology, the neurobiology of trauma, drug-facilitated sexual assault, child sexual abuse, and Iowa sexual assault-related laws.
(4) The treatment facility’s sexual assault-related policies and procedures.
5. The sexual assault forensic examiner program, in collaboration with qualified medical providers, the Iowa department of public health, and the Iowa coalition against sexual assault, shall create uniform materials that all treatment facilities and federally qualified health centers are required to provide to patients and non-offending parents or legal guardians, if applicable, regarding medical forensic examination procedures, laws regarding consent relating to medical forensic services, and the benefits and risks of evidence collection, including recommended time frames for evidence collection pursuant to evidence-based research. These materials shall be made available on the department of justice’s internet site to all treatment facilities and federally qualified health centers.
6. The sexual assault forensic examiner program, in collaboration with qualified medical providers, the Iowa department of public health, and the Iowa coalition against sexual assault, shall create and update statewide sexual assault examiner and sexual assault nurse examiner protocols, shall provide technical assistance upon request to health care professionals, and shall provide expertise on best practices to health care professionals relating to sexual assault forensic examinations.
7.
Advisory committee.
a. The department of justice shall establish an advisory committee to support the sexual assault forensic examiner program implemented in accordance with this section. The duties of the committee shall include but are not limited to the following:
(1) Advising the department of justice regarding the training programs developed for the sexual assault forensic examiner program.
(2) Reviewing the implementation and effectiveness of the sexual assault forensic examiner program.
(3) Recommending to the department of justice changes in legislation and administrative rules concerning the sexual assault forensic examiner program.
b. Members of the advisory committee shall include staff members of the department of justice managing the sexual assault forensic examiner program; representatives from the department of public health as determined by the director to be appropriate, the Iowa coalition against sexual assault, the board of nursing, and other constituencies as determined by the department of justice with an interest in sexual assault forensic examinations; and the hospital medical staff person involved with emergency services pursuant to section 915.82.