(a) The Legislature finds and declares that adequate protection of victims of domestic violence and elder and dependent adult abuse has been hampered by lack of consistent and comprehensive medical examinations. Medical evidentiary examinations, offered to victims free of charge, and enhanced examination procedures, documentation, and evidence collection will improve patient outcomes, investigation, and prosecution efforts. (b) The Office of Emergency Services shall, in cooperation with the State Department of Public Health, the Department of Aging and the ombudsman program, the State Department of Social Services, law enforcement agencies, the Department of Justice, the California Association of Crime Lab Directors, the California District Attorneys Association, the California State Sheriffsâ Association, the California Medical Association, the California Police Chiefsâ Association, domestic violence advocates, the California Clinical Forensic Medical Training Center, the California Sexual Assault Forensic Examiner Association, Adult Protective Services, and other appropriate experts: (1) Establish medical forensic forms, instructions, and examination protocol for victims of domestic violence and elder and dependent adult abuse and neglect, including strangulation, using as a model the form and guidelines developed pursuant to Section 13823.5. The form should include, but not be limited to, a place for a notation concerning each of the following: (A) Notification of injuries and a report of suspected domestic violence or elder or dependent adult abuse and neglect to law enforcement authorities, Adult Protective Services, or the State Long-Term Care Ombudsmen, in accordance with existing reporting procedures. (B) Obtaining consent for the forensic medical examination, treatment of injuries, collection of evidence, and written and photographic documentation of injuries. A victim shall be informed that they may refuse to consent to and may withdraw consent for an examination for evidence of domestic violence and elder and dependent adult abuse and neglect, including the collection of physical evidence, but that refusal is not a ground for denial of treatment of injuries and disease, if the person wishes to obtain treatment and consents thereto. (C) Taking a patientâs history of domestic violence or elder or dependent adult abuse and neglect, including any current or past strangulation history, and other relevant medical history. (D) Performance of the physical examination for evidence of domestic violence or elder or dependent adult abuse and neglect. (E) Collection of physical evidence of domestic violence or elder or dependent adult abuse. (F) Collection of other medical and forensic specimens, as indicated. (G) Procedures for the collection and preservation of evidence, and submission to a local crime laboratory when appropriate. (H) Complete documentation of medical forensic exam findings. (I) When strangulation is suspected, documentation may be included on a supplemental strangulation form as part of the medical evidentiary exam. (2) The forms shall be made accessible for use in an electronic format. (3) The forms shall become part of the patientâs medical record. (c) When strangulation is suspected, additional diagnostic testing may be necessary to prevent adverse health outcomes or morbidity. (d) Victims receiving forensic medical exams for domestic violence have the right to a qualified social worker, victim advocate, or a support person of the victimâs choosing to be present during the examination, when available. (e) (1) A hospital, clinic, or other emergency medical facility where medical evidentiary examinations are conducted shall develop and implement written policies and procedures for maintaining the confidentiality of medical evidentiary examination reports, including proper preservation and disposition of the reports if the examination program ceases operation, in order to prevent destruction of the
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