PRINTER'S NO. 1228
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1172
Session of
2021
INTRODUCED BY KOSIEROWSKI, HILL-EVANS, HANBIDGE, SAPPEY, MADDEN,
MARKOSEK, KINSEY, A. DAVIS, HOHENSTEIN, SANCHEZ, McNEILL,
GALLOWAY, SCHLOSSBERG, HOWARD, ISAACSON, SIMS, BRADFORD,
DEASY, WEBSTER, O'MARA AND GILLEN, APRIL 14, 2021
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 14, 2021
AN ACT
Amending the act of November 29, 2006 (P.L.1471, No.165),
entitled "An act providing for a sexual assault evidence
collection program and for powers and duties of the
Department of Health and the Pennsylvania State Police;
establishing civil immunity; and providing for rights of
sexual assault victims," further providing for definitions,
for sexual assault evidence collection program and for rights
of survivors of sexual assault.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "victim of sexual assault" or
"victim" in section 2 of the act of November 29, 2006 (P.L.1471,
No.165), known as the Sexual Assault Testing and Evidence
Collection Act, is amended and the section is amended by adding
definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Emergency department." The department of a hospital,
commonly referred to as an emergency room or ER, that is
responsible for the provision of medical services to patients
arriving at the hospital in need of immediate care. An emergency
department may or may not be owned or operated by the hospital
in which it is located.
* * *
"Health care practitioner." An individual who is authorized
to practice some component of the healing arts by a license,
permit, certificate or registration issued by a Commonwealth
licensing agency or board.
"Health care provider." Any of the following:
(1) A health care practitioner as defined in section 103
of the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
(2) A federally qualified health center as defined in
section 1861(aa)(4) of the Social Security Act (49 Stat. 620,
42 U.S.C. § 1395x(aa)(4)).
(3) A rural health clinic as defined in section 1861(aa)
(2) of the Social Security Act (42 U.S.C. § 1395x(aa)(2)).
(4) A pharmacist who holds a valid license under the act
of September 27, 1961 (P.L.1700, No.699), known as the
Pharmacy Act.
(5) A social worker, clinical social worker, marriage
and family therapist or professional counselor who holds a
valid license under the act of July 9, 1987 (P.L.220, No.39),
known as the Social Workers, Marriage and Family Therapists
and Professional Counselors Act.
(6) A registered professional nurse who holds a valid
license under the act of May 22, 1951 (P.L.317, No.69), known
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as The Professional Nursing Law.
(7) An out-of-state health care provider.
"Hospital." As defined in section 802.1 of the Health Care
Facilities Act.
"International Association of Forensic Nurses." An
international membership organization that is responsible for
the development of medical forensic examination guidelines and
is comprised of forensic nurses working to support and
complement the work of forensic medicine.
* * *
"Medical forensic examination." Examination of a victim of
sexual assault performed by a certified sexual assault nurse
examiner or a sexual assault forensic examiner for the purpose
of obtaining evidence through the use of a rape kit.
"Medical service." An activity that lies within the scope of
the practice of medicine and surgery.
* * *
"Provider network." The health care providers designated by
a managed care plan to provide health care services.
"Provider-to-provider consultation." The act of seeking
advice and recommendations from another health care provider for
diagnostic studies, therapeutic interventions or other services
that may benefit the patient of the initiating health care
provider.
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"Registered professional nurse." A registered nurse,
clinical nurse specialist or certified nurse practitioner under
The Professional Nursing Law.
* * *
"Sexual assault forensic examiner." An eligible health care
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practitioner who has completed training and successfully passed
an exam that meets or is substantially similar to the Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses and operates as a
member of the sexual assault response team.
"Sexual assault nurse examiner." A registered professional
nurse who has completed a sexual assault nurse examiner training
program and successfully passed an exam that meets the Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses and operates as a
member of the sexual assault response team.
"Sexual assault response team." A health care practitioner
who is certified as a sexual assault forensic examiner or sexual
assault nurse examiner, local law enforcement agency or public
or private agency responsible for coordinating or performing a
medical forensic examination or for the delivery of subsequent
medical services or legal services to the victim.
"Store-and-forward." As follows:
(1) Technology that stores and transmits or grants
access to a patient's clinical information for review by a
health care provider who is at a different physical location.
(2) The term does not include the storage, transmission
or use of electronic medical records without the concurrent
transmission of additional clinical information not already
present in the electronic medical records.
"Telehealth." As follows:
(1) The delivery of health care services provided
through telehealth technologies to a patient by a health care
provider who is at a different location.
(2) The term does not include a provider-to-provider
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consultation.
"Telehealth technologies." As follows:
(1) Electronic information and telecommunications
technology, including interactive audio and video, remote
patient monitoring or store-and-forward that meets the
requirements of:
(i) The Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191, 110 Stat.
1936).
(ii) The Health Information Technology for Economic
and Clinical Health Act (Public Law 111-5, 123 Stat. 226-
279 and 467-496).
(ii) Other applicable Federal or State law.
(2) The term does not include the use of:
(i) Audio-only medium, voicemail, facsimile, email,
instant messaging, text messaging or online questionnaire
or any combination thereof.
(ii) A telephone call, except in circumstances where
the health care provider may utilize interactive audio
without the requirement of interactive video if used in
conjunction with store-and-forward and, after access and
review of the patient's medical records, the provider
determines that the provider is able to meet the same
standards of care as if the health care services were
provided in person. When the health care provider
utilizes interactive audio without interactive video, the
health care provider shall inform the patient that the
patient has the option to request interactive audio and
video.
"Victim of sexual assault" or "victim." A person who
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[represents] presents to a health care [professional]
practitioner, hospital or other health care facility that the
person has experienced a sexual assault.
Section 2. Section 3(a) of the act is amended by adding
paragraphs to read:
Section 3. Sexual assault evidence collection program.
(a) Establishment.--There is hereby established a Statewide
sexual assault evidence collection program to promote the health
and safety of victims of sexual assault and to facilitate the
prosecution of persons accused of sexual assault. This program
shall be administered by the department. Under this program the
department shall:
* * *
(4.1) Make grant funding available for the purpose of:
(i) Providing financial assistance to registered
professional nurses, qualified hospitals and individual
health care practitioners seeking completion of training
in the Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses or similar training available to those seeking to
become a sexual assault forensic examiner. Grant money
shall be used for the costs associated with enrolling in
the training curriculum and the payment of the curriculum
instructor as applicable.
(ii) Supporting telehealth services and
infrastructure to facilitate the delivery of sexual
assault nurse examiner services.
(4.2) Require all hospitals or their respective
emergency departments to maintain at least one sexual assault
forensic examiner or sexual assault nurse examiner on staff
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for each available work shift. The following apply:
(i) The hospital may enter a contractual agreement
with a sexual assault forensic examiner or sexual assault
nurse examiner who is not directly employed by the
hospital or emergency department to fulfill the
requirements of this paragraph.
(ii) If a hospital or an emergency department is
unable to secure at least one sexual assault forensic
examiner or sexual assault nurse examiner to be on-site
at the hospital or the emergency department of the
hospital during all available work shifts, the hospital
or emergency department must place a sexual assault
forensic examiner or sexual assault nurse examiner on-
call. If necessary, the sexual assault forensic examiner
or sexual assault nurse examiner must report to the
designated hospital within one hour of receiving a
request to report to the hospital or emergency department
of a hospital to conduct a medical forensic examination.
(iii) The department shall promulgate regulations to
govern the conduction of performance audits to ensure
each hospital or the emergency department of a hospital
adheres to the requirements of this paragraph. The
regulations may include provisions that establish and
impose sanctions on a hospital or an emergency department
of a hospital that fail to comply with the requirement of
this paragraph.
(4.3) The department shall promulgate regulations to
govern the use of telehealth services in facilitating the
provisions of this section. The following apply:
(i) The r egulations shall provide for the delivery
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of medical services, including counseling services,
related to sexual assault to victims of sexual assault by
means of telehealth as determined by a certified sexual
assault forensic examiner.
(ii) The regulations shall provide for provider-to-
provider consultation whereby telehealth may facilitate
the communication of clinical expertise from a health
care provider certified as a sexual assault forensic
examiner to another health care provider to deliver
necessary health care.
(iii) A health care provider, hospital or provider
network may enter into a partnership with Federal-level
or State-level entities, including from other states, to
support carrying out the provisions of this section.
* * *
Section 3. Section 5(a)(4) of the act, added June 28, 2019
(P.L.223, No.29), is amended to read:
Section 5. Rights of sexual assault victims.
(a) General rule.--In addition to the rights provided under
the act of November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act, a sexual assault victim, guardian of a sexual
assault victim or close relative of a deceased sexual assault
victim shall have all of the following rights, if requested by
the victim, guardian or relative:
* * *
(4) The right to not be prevented from, or charged a fee
for, receiving a medical forensic examination[.] and all
subsequent medical services related to the sexual assault,
which may be provided to the victim at a hospital or
emergency department of a hospital by a health care
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practitioner or registered professional nurse up to 90 days
following the initial medical forensic examination,
including:
(i) Laboratory services.
(ii) Pharmacy services.
(iii) Emergency contraception.
(iv) Diagnostic imaging and testing.
(v) Inpatient and outpatient procedures and
surgeries.
(vi) Mental health care and counseling.
(vii) Telehealth services.
* * *
Section 4. This act shall take effect in 60 days.
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