§ 2805-i. Treatment of sexual offense victims and maintenance of\nevidence in a sexual offense. 1. Every hospital providing treatment to\nalleged victims of a sexual offense shall be responsible for:\n * (a) maintaining sexual offense evidence and the chain of custody as\nprovided in subdivision two of this section;\n * NB Effective until May 9, 2027\n * (a) Maintaining the following full-time, part-time, contracted, or\non-call staff:\n (1) One or more hospital sexual violence response coordinators who are\ndesignated to ensure that the hospital's sexual violence response is\nintegrated within the hospital's clinical oversight and quality\nimprovement structure, to ensure chain of custody is maintained, and to\nensure availability and coordination of certified sexual assault\nforensic examiners;\n (2) Certified sexual assault forensic examiners sufficient to meet\nhospital needs. Such individuals shall:\n (i) be a registered professional nurse, certified nurse practitioner,\nlicensed physician assistant or licensed physician acting within their\nlawful scope of practice and specially trained in forensic examination\nof sexual offense victims and the preservation of forensic evidence in\nsuch cases and qualified to provide such services, pursuant to\nregulations promulgated by the commissioner; and\n (ii) have successfully completed a didactic and clinical training\ncourse and post course preceptorship as appropriate to scope of practice\nthat aligns with guidance released by the commissioner.\n * NB Effective May 9, 2027\n * (b) informing sexual offense victims of the availability of rape\ncrisis and local victim assistance organizations, if any, in the\ngeographic area served by the hospital, and contacting a rape crisis or\nlocal victim assistance organization to establish the coordination of\nnon-medical services, including but not limited to transportation within\nthe geographic area served by that organization, upon the conclusion of\ninitial medical services, free of charge from the medical facility to\nsexual offense victims who request such coordination and services;\n * NB Effective until May 9, 2027\n * (b) Ensuring that such sexual assault forensic examiners are on-call\nand available on a twenty-four hour a day basis every day of the year;\n * NB Effective May 9, 2027\n * (c) offering and making available appropriate HIV post-exposure\ntreatment therapies; including the full regimen of HIV post-exposure\nprophylaxis in cases where it has been determined, in accordance with\nguidelines issued by the commissioner, that a significant exposure to\nHIV has occurred, and informing the victim that payment assistance for\nsuch therapies and other crime related expenses may be available from\nthe office of victim services pursuant to the provisions of article\ntwenty-two of the executive law. With the consent of the victim of a\nsexual assault, the hospital emergency room department shall provide or\narrange for an appointment for medical follow-up related to HIV\npost-exposure prophylaxis and other care as appropriate; and\n * NB Effective until May 9, 2027\n * (c) Ensuring that such sexual assault forensic examiners maintain a\ncurrent certification from the department, pursuant to regulations, in\nproviding sexual assault examinations. The commissioner shall issue\nregulations consistent with subparagraph one of paragraph (b) of\nsubdivision four-b of this section, establishing a process for\nindividuals to apply for and receive certification upon meeting the\nrequired criteria, as well as a process for recertification.\n * NB Effective May 9, 2027\n * (d) ensuring sexual assault survivors are not billed for sexual\nassault forensic exams and are notified orally and in writing of the\noption to decline to provide private health insurance information and\nhave the office of victim services reimburse the hospital for the exam\npursuant to subdivision thirteen of section six hundred thirty-one of\nthe exe
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