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ENROLLED
ACT No. 7242026 Regular Session
HOUSE BILL NO. 1247 (Substitute for House Bill No. 884 by Representative Spell)
BY REPRESENTATIVES SPELL, ADAMS, BAYHAM, BERAULT, BILLINGS, BOYD,
BRASS, BUTLER, CARRIER, CARVER, CHASSION, CHENEVERT, COX,
DEVILLIER, DEWITT, DICKERSON, DOMANGUE, ECHOLS, EGAN, FISHER,
FREEMAN, FREIBERG, GALLE, GLORIOSO, HEBERT, HILFERTY, HORTON,
ILLG, JACKSON, MIKE JOHNSON, TRAVIS JOHNSON, LAFLEUR, JACOB
LANDRY, MANDIE LANDRY, LYONS, MCFARLAND, MCMAKIN,
MELERINE, MENA, MURRAY, OWEN, SAWYER, SCHLEGEL, STAGNI,
TURNER, VENTRELLA, VILLIO, WALTERS, AND WYBLE AND SENATORS
BARROW, BARTHELEMY, BOUDREAUX, DUPLESSIS, HARRIS, HENRY,
JACKSON-ANDREWS, JENKINS, LUNEAU, MIZELL, PRICE, AND WHEAT
1 AN ACT
2 To amend and reenact R.S. 15:622(A)(introductory paragraph) and (3) through (5),
3 624(A)(1)(introductory paragraph) and (B) through (D), and 624.1(B)(2), (C), and
4 (I), R.S. 40:1216.1(H)(introductory paragraph), (5), and (7), R.S. 44:4.1(B)(27), and
5 R.S. 46:1842(introductory paragraph) and (14) and to enact R.S. 15:555(A)(18), 557,
6 622(A)(6) and (7), and 624(E) and (F), Part XI of Subchapter D of Chapter 5-D of
7 Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
8 40:1228.1 through 1228.11, and R.S. 46:1842(20) and (21), relative to sexual assault
9 nurse examiners; to provide for the membership of the Louisiana Sexual Assault
10 Oversight Commission; to provide for the creation, duties, and membership of a
11 subcommittee of the Louisiana Sexual Assault Oversight Commission; to provide for
12 reporting requirements; to provide for a statement of legislative intent; to provide for
13 a purpose; to create the position of the statewide sexual assault nurse examiner
14 coordinator or "SANE" coordinator; to provide for duties; to provide for definitions;
15 to establish a TeleSANE training and mobile SANE program; to provide for reports
16 to law enforcement; to provide relative to forensic medical examinations; to provide
17 relative to standards of hospitals and healthcare providers; to provide relative to the
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1 reproduction of certain records; to provide for coordination; to provide for a public
2 records exception; to provide for an effective date; and to provide for related matters.
3 Be it enacted by the Legislature of Louisiana:
4 Section 1. R.S. 15:622(A)(introductory paragraph) and (3) through (5),
5 624(A)(1)(introductory paragraph) and (B) through (D), and 624.1(B)(2), (C), and (I) are
6 hereby amended and reenacted and R.S. 15:555(A)(18), 557, 622(A)(6) and (7), and 624(E)
7 and (F) are hereby enacted to read as follows:
8 CHAPTER 3-C. LOUISIANA SEXUAL ASSAULT OVERSIGHT COMMISSION
9 §555. Louisiana Sexual Assault Oversight Commission; creation; membership;
10 meetings
11 A. The Louisiana Sexual Assault Oversight Commission is hereby created
12 within the Department of Justice, office of the attorney general. The commission
13 shall consist of the following members:
14 * * *
15 (18) The statewide sexual assault nurse examiner, or SANE, coordinator or
16 his designee.
17 * * *
18 §557. Louisiana Sexual Assault Oversight Commission; sexual assault response
19 standards subcommittee
20 A. The Sexual Assault Response Standards Subcommittee, referred to in this
21 Section as the "subcommittee", is hereby established as a subcommittee of the
22 Louisiana Sexual Assault Oversight Commission. The duties of the subcommittee
23 are as follows:
24 (1) Provide recommendations relative to sexual assault nurse examiner, or
25 SANE, training protocols that include but are not limited to didactic, clinical, and
26 preceptor training in accordance with available best practices per a national training
27 organization in order to establish state sanctioned credentialing.
28 (2) Provide recommendations relative to the standards and criteria of a
29 statewide registry of SANE-trained and SANE-credentialed nurses or healthcare
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1 providers and provide recommendations regarding the appropriate state agencies to
2 maintain and administer the registry.
3 (3) Provide recommendations relative to statewide sexual assault response
4 protocols in accordance with the needs and best practices identified within the
5 regional sexual assault response plans from each Louisiana Department of Health
6 regional medical director.
7 B. The subcommittee shall consist of the following thirteen members:
8 (1) The statewide SANE coordinator or his designee.
9 (2) One practicing SANE-trained nurse, appointed by the attorney general,
10 who is affiliated with any state SANE nurse association.
11 (3) The president of the Louisiana State Board of Nursing or his designee.
12 (4) The chief medical officer within the Louisiana Department of Health,
13 office of public health, or his designee.
14 (5) The president of the Louisiana Hospital Association, or his designee.
15 (6) The executive director of the Louisiana Foundation Against Sexual
16 Assault or his designee.
17 (7) The executive director of the Louisiana Alliance of Children's Advocacy
18 Centers or his designee.
19 (8) The president of the Louisiana State Coroner's Association or his
20 designee.
21 (9) The executive director of the Louisiana District Attorneys Association
22 or his designee.
23 (10) The executive director of the Louisiana Sheriffs' Association or his
24 designee.
25 (11) The executive director of Louisiana Association of Chiefs of Police or
26 his designee.
27 (12) The superintendent of Louisiana State Police or his designee.
28 (13) The executive director of the Louisiana Commission on Law
29 Enforcement and Administration of Criminal Justice or his designee.
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1 C. The statewide SANE coordinator or his designee shall serve as chairman
2 of the subcommittee. Members of the subcommittee shall serve at the pleasure of
3 the appointing authority and without compensation. Travel expenses, per diem, and
4 other expenses may be paid by the member's employer or appointing authority. The
5 office of the attorney general shall provide staff and administrative services needed
6 by the subcommittee to carry out the duties set forth in this Section.
7 D. The subcommittee shall fix a time and place for its meetings and shall
8 meet at least once every four months. Additional meetings may be held upon the call
9 of the chairman.
10 E. A majority of the total subcommittee membership constitutes a quorum
11 and any official action by the subcommittee requires an affirmative vote of a
12 majority of the quorum present and voting.
13 * * *
14 §622. Sexual assault collection kits
15 A. As used in this Section, the following terms have the following meanings:
16 * * *
17 (3) "Reported sexual assault collection kit" means a sexual assault collection
18 kit collected from a survivor who has reported the crime to law enforcement, which
19 indicates the survivor has requested that the case proceed as a criminal investigation
20 and potential prosecution of the suspect.
21 (3) (4) "Sexual assault collection kit" means a human biological specimen
22 or specimens collected by a health care provider during a forensic medical
23 examination from the victim of a sexually oriented criminal offense the human
24 biological specimens and associated evidence collected by a healthcare provider
25 during a forensic medical examination for the purpose of documenting, preserving,
26 and analyzing evidence of a sexual assault, and means the standardized sexual
27 assault collection kit issued by the Louisiana State Police.
28 (4) (5) "Sexually oriented criminal offense" shall have has the same meaning
29 as sex offense as defined in R.S. 15:541(24).
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1 (6) "Unreported sexual assault collection kit" means a sexual assault
2 collection kit collected from a survivor who declines to report the crime to law
3 enforcement at the time of the examination, which indicates the survivor has
4 requested that no criminal investigation or prosecution be initiated, while retaining
5 the right to report the crime and convert the kit to a reported status at any time within
6 the twenty-year retention period.
7 (5) (7) "Untested sexual assault collection kit" means a sexual assault
8 collection kit that has not been submitted to the Louisiana State Police Crime
9 Laboratory or a similar qualified laboratory for either a serology or deoxyribonucleic
10 acid (DNA) test.
11 * * *
12 §624. Sexually oriented criminal offense data; reporting
13 A.(1) By February fifteenth of each year, each criminal justice agency,
14 including college and university campus police departments, shall report all of the
15 following information for the prior calendar year to the Louisiana Commission on
16 Law Enforcement and the Administration of Criminal Justice and the statewide
17 SANE coordinator as provided in R.S. 40:1228.1 et seq., within the Louisiana
18 Department of Justice:
19 * * *
20 B. By February fifteenth of each year, each crime laboratory shall report the
21 number of sexual assault collection kits in their backlog for the prior calendar year
22 to the Louisiana Commission on Law Enforcement and the Administration of
23 Criminal Justice and to the statewide SANE coordinator as provided in R.S.
24 40:1228.1 et seq., within the Louisiana Department of Justice.
25 C. By February fifteenth of each year, each Louisiana Department of Health
26 regional medical director shall submit his regional sexual assault response plan to the
27 chief medical officer within the Louisiana Department of Health, office of public
28 health, and the statewide SANE coordinator with inclusion of identified regional
29 gaps of access to forensic medical examinations.
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1 D. By February fifteenth of each year, the Louisiana Commission on Law
2 Enforcement and Administration of Criminal Justice shall submit to the statewide
3 SANE coordinator the previous year's grants and expenditures towards SANE
4 services within each Louisiana Department of Health region.
5 C. E.(1) By March first of each year, the Louisiana Commission on Law
6 Enforcement and the Administration of Criminal Justice shall transmit the
7 information required in Subsections A and B of this Section to the chairman of the
8 Senate Committee on Judiciary B and the chairman of the House Committee on
9 Judiciary.
10 (2) The report shall also include the name and contact information of each
11 criminal justice agency, including each college and university campus police
12 department and each crime laboratory, that failed to submit the report required by
13 Subsections A and B of this Section.
14 D. F. As used in this Section, the following terms have the following
15 meanings:
16 (1) "Criminal justice agency" means any government agency or subunit
17 thereof, or private agency that, through statutory authorization or a legal formal
18 agreement with a governmental unit or agency, has the power of investigation, arrest,
19 detention, prosecution, adjudication, treatment, supervision, rehabilitation or release
20 of persons suspected, charged, or convicted of a crime; or that collects, stores,
21 processes, transmits, or disseminates criminal history records or crime information.
22 (2) "Reported sexual assault collection kit" means a kit that contains a
23 human biological specimen or specimens collected during a forensic medical
24 examination from the victim of a sexually oriented criminal offense who reported the
25 crime to law enforcement a sexual assault collection kit collected from a survivor
26 who has reported the crime to law enforcement, which indicates the survivor has
27 requested that the case proceed as a criminal investigation and potential prosecution
28 of the suspect.
29 (3) "Sexual assault collection kit" means a kit that is designed to assist in the
30 preservation of a human biological specimen or specimens collected during a
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1 forensic medical examination from the victim of a sexually oriented criminal offense
2 the human biological specimens and associated evidence collected by a healthcare
3 provider during a forensic medical examination for the purpose of documenting,
4 preserving, and analyzing evidence of a sexual assault, and means the standardized
5 sexual assault collection kit issued by the Louisiana State Police.
6 (4) "Sexually oriented criminal offense" includes any sexual assault offense
7 as defined in R.S. 44:51 and any sexual abuse offense as defined in R.S. 14:403.
8 (5) "Unreported sexual assault collection kit" means a kit that contains a
9 human biological specimen or specimens collected during a forensic medical
10 examination from the victim of a sexually oriented criminal offense who declined
11 to report the crime to law enforcement sexual assault collection kit collected from
12 a survivor who declines to report the crime to law enforcement at the time of the
13 examination, which indicates the survivor has requested that no criminal
14 investigation or prosecution be initiated, while retaining the right to report the crime
15 and convert the kit to a reported status at any time within the twenty-year retention
16 period.
17 §624.1. Submission of sexual assault collection kits
18 * * *
19 B. The statewide sexual assault collection kit tracking system shall:
20 * * *
21 (2) Designate sexual assault collection kits as unreported sexual assault
22 collection kits or reported sexual assault collection kits.
23 * * *
24 C. The office of state police may phase in initial participation according to
25 region or volume of sexual assault collection kits.
26 * * *
27 I. For the purposes of this Section, the following terms have the following
28 meanings:
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1 (1) "Reported sexual assault collection kit" means a sexual assault collection
2 kit where a law enforcement agency has received a related report or complaint
3 alleging that a sexual assault or other crime occurred collected from a survivor who
4 has reported the crime to law enforcement, which indicates the survivor has
5 requested that the case proceed as a criminal investigation and potential prosecution
6 of the suspect.
7 (2) "Sexual assault collection kit" includes all evidence collected during a
8 sexual assault medical forensic examination means the human biological specimens
9 and associated evidence collected by a healthcare provider during a forensic medical
10 examination for the purpose of documenting, preserving, and analyzing evidence of
11 a sexual assault, and means the standardized sexual assault collection kit issued by
12 the Louisiana State Police.
13 (3) "Unreported sexual assault collection kit" means a sexual assault
14 collection kit where a law enforcement agency has not received a related report or
15 complaint alleging that a sexual assault has occurred collected from a survivor who
16 declines to report the crime to law enforcement at the time of the examination, which
17 indicates the survivor has requested that no criminal investigation or prosecution be
18 initiated, while retaining the right to report the crime and convert the kit to a reported
19 status at any time within the twenty-year retention period.
20 Section 2. R.S. 40:1216.1(H)(introductory paragraph), (5), and (7) are hereby
21 amended and reenacted and Part XI of Subchapter D of Chapter 5-D of Title 40 of the
22 Louisiana Revised Statutes of 1950, comprised of R.S. 40:1228.1 through 1228.11, is hereby
23 enacted to read as follows:
24 §1216.1. Procedures for survivors of a sexually oriented criminal offense;
25 immunity; regional plans; maximum allowable costs; definitions; documents
26 requested by victim
27 * * *
28 H. For purposes of this Section, the following definitions apply:
29 * * *
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1 (5) "Sexual assault collection kit" includes all evidence collected during a
2 forensic medical examination means the human biological specimens and associated
3 evidence collected by a healthcare provider during a forensic medical examination
4 for the purpose of documenting, preserving, and analyzing evidence of a sexual
5 assault, and means the standardized sexual assault collection kit issued by the
6 Louisiana State Police.
7 * * *
8 (7) "Unreported sexual assault collection kit" means a sexual assault
9 collection kit where a law enforcement agency has not received a related report or
10 complaint alleging that a sexual assault has occurred collected from a survivor who
11 declines to report the crime to law enforcement at the time of the examination, which
12 indicates the survivor has requested that no criminal investigation or prosecution be
13 initiated, while retaining the right to report the crime and convert the kit to a reported
14 status at any time within the twenty-year retention period.
15 * * *
16 PART XI. SERVICES FOR SURVIVORS OF SEXUALLY ORIENTED CRIMINAL
17 OFFENSES ACCESS ACT
18 §1228.1. Short title
19 This Part shall be known and may be cited as the "Services For Survivors of
20 Sexually Oriented Criminal Offenses Access Act".
21 §1228.2. Findings and purpose
22 A. The legislature hereby finds and declares all of the following:
23 (1) Sexual assault is a serious public health and criminal justice issue that
24 affects individuals of all ages, genders, and backgrounds throughout the state of
25 Louisiana.
26 (2) Timely, high-quality forensic medical examinations by a trained sexual
27 assault nurse examiner, referred to in this Part as "SANE", are critical to ensuring
28 survivor-centered care, collecting forensic evidence, and supporting prosecution of
29 sexual assault offenders.
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1 (3) Access to SANE services is uneven across the state, with significant gaps
2 in rural and underserved regions.
3 (4) Establishing a statewide SANE coordinator and regional mobile SANE
4 nurse teams will improve equitable access to forensic nursing services for survivors
5 of sexual assault throughout the state.
6 B. The purpose of this Part is to ensure that every survivor of sexual assault
7 in this state has access to a trained sexual assault nurse examiner regardless of
8 geographic location, and to establish a coordinated, sustainable statewide
9 infrastructure for the performance of forensic medical examinations for survivors of
10 sexually oriented offenses.
11 §1228.3. Definitions
12 For the purposes of this Part, the following terms have the following
13 meanings:
14 (1) "Department" means the Louisiana Department of Justice.
15 (2) "Forensic medical examination" has the same meaning as defined in R.S.
16 15:622.
17 (3) "Healthcare provider" means either of the following:
18 (a) A physician, sexual assault nurse examiner, or other healthcare
19 practitioner licensed, certified, registered, or otherwise authorized and trained to
20 perform a forensic medical examination.
21 (b) A licensed hospital that operates an emergency department.
22 (4) "Healthcare services" means services, items, supplies, or drugs for the
23 diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury,
24 or disease ancillary to a sexually oriented criminal offense.
25 (5) "Reported sexual assault collection kit" means a sexual assault collection
26 kit collected from a survivor who has reported the crime to law enforcement and
27 affirmatively requests that the case proceed as a criminal investigation and potential
28 prosecution of the suspect.
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1 (6) "Sexual assault collection kit" means the human biological specimens
2 and associated evidence collected by a healthcare provider during a forensic medical
3 examination for the purpose of documenting, preserving, and analyzing evidence of
4 a sexual assault, and means the standardized sexual assault collection kit issued by
5 the Louisiana State Police.
6 (7) "Sexually oriented criminal offense" has the same meaning as defined in
7 R.S. 15:622.
8 (8) "Sexual Assault Nurse Examiner" or "SANE" means a registered nurse
9 who has received specialized training as determined by the Sexual Assault Response
10 Standards Subcommittee in conducting forensic medical examinations for survivors
11 of sexually oriented criminal offenses.
12 (9) "Unreported sexual assault collection kit" means a sexual assault
13 collection kit collected from a survivor who declines to report the crime to law
14 enforcement at the time of the examination and requests that no criminal
15 investigation or prosecution be initiated, while retaining the right to report the crime
16 and convert the kit to a reported status at any time within the twenty-year retention
17 period.
18 §1228.4. Statewide SANE coordinator; creation; duties
19 A. The department shall create and maintain the position of statewide sexual
20 assault nurse examiner, or SANE, coordinator. The statewide SANE coordinator
21 shall be trained as a SANE nurse in accordance with applicable national or statewide
22 guidelines and have at least two years of experience as a practicing SANE.
23 B. The duties of the statewide SANE coordinator shall include all of the
24 following:
25 (1) Developing, implementing, and overseeing a statewide strategic plan for
26 SANE services.
27 (2) Developing, implementing, and overseeing a plan to develop mobile
28 SANE teams across the state within the public health regions of the Louisiana
29 Department of Health.
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1 (3) Developing and maintaining standardized protocols, policies, and
2 procedures for sexual assault forensic examinations consistent with current best
3 practices as established by applicable accrediting bodies, the United States
4 Department of Justice, and other relevant authorities.
5 (4) Serving as a member of both the Louisiana Sexual Assault Oversight
6 Commission as provided in R.S. 15:555 and the Sexual Assault Response Standards
7 Subcommittee as provided in R.S. 15:557.
8 (5) In conjunction with the Sexual Assault Response Standards
9 Subcommittee as provided in R.S. 15:557, establishing and overseeing the following:
10 (a) Mandatory initial and continuing training requirements for all SANE
11 nurses providing services in the state, ensuring that trauma-informed and
12 evidence-based protocols are integrated into all education and practice settings.
13 (b) A statewide preceptor network, aligned with existing and available best
14 practice guidelines from both national and state organizations.
15 (6) Maintaining a statewide database tracking SANE service utilization,
16 response times, and gaps in coverage.
17 (7) Conducting a statewide assessment of access to forensic medical
18 examinations and developing a statewide coverage plan within two years of the
19 assessment's completion to ensure twenty-four-hour access to services in every
20 parish.
21 (8) Serving as the primary point of contact and liaison between the
22 department and hospitals, healthcare facilities, Louisiana sexual assault centers,
23 children's advocacy centers, law enforcement, district attorneys, and other
24 stakeholders regarding SANE services. Any healthcare facility, sexual assault
25 center, children's advocacy center, law enforcement agency, child protective services
26 agency, or other entity involved in the administration, documentation, or handling
27 of sexual assault forensic examinations or the care of the survivor shall report
28 incidents involving procedural deviation, evidence compromise, or patient safety
29 concerns. The SANE coordinator shall develop, receive, and retain all incident
30 reports and ensure appropriate review, investigation, and system oversight.
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1 (9) Facilitating annual meetings in all regions of the state to solicit the input
2 of interested stakeholders in the region, including but not limited to all of the
3 following:
4 (a) Any SANE programs within the region.
5 (b) The coroner for each parish within the region.
6 (c) The sheriff for each parish within the region.
7 (d) The chief of police for any political subdivision located within the region.
8 (e) All hospitals with an emergency department located within the region.
9 (f) First responder organizations located within the region.
10 (g) Higher education institutions located within the region.
11 (h) The school board for each parish located within the region.
12 (i) Sexual assault advocacy organizations and children's advocacy centers
13 providing services within the region.
14 (j) The district attorney for each parish within the region or his designee.
15 (k) Each crime lab located within the region.
16 (l) Any nursing school in the region.
17 (10) In addition to the reporting requirements provided in R.S. 15:624,
18 submitting an annual report to the governor, attorney general, the president of the
19 Senate, and the speaker of the House of Representatives that details program
20 activities, service utilization data, identified needs, and recommendations for
21 improvement.
22 (11) Applying for and administering federal grants, federal funding, and any
23 other available funding sources to support SANE services statewide.
24 (12) Performing any other duties as the attorney general may assign
25 consistent with the purposes of this Part.
26 §1228.5. TeleSANE training and mobile SANE program
27 A. The department shall establish and oversee a statewide teleSANE training
28 program and a mobile SANE program as managed within the public health regions
29 of the Louisiana Department of Health to provide forensic medical examination
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1 support and forensic medical examinations for survivors of sexually oriented
2 criminal offenses.
3 B. Each mobile SANE nurse or team within each public health region shall
4 have the capacity to do all of the following:
5 (1) Be available on an on-call or scheduled basis to respond to requests for
6 SANE services within respective assigned regions on a twenty-four-hour,
7 seven-day-a-week basis.
8 (2) Respond to requests for service and arrive at the designated examination
9 site within a reasonable time, with a goal of responding within one hour of
10 notification for acute forensic medical examinations when possible and with
11 consideration of geographic parameters within the region and resulting travel time
12 required for SANE nurse response.
13 (3) Coordinate with hospitals, law enforcement, Louisiana sexual assault
14 center advocates, children's advocacy centers, and other responders to ensure
15 trauma-informed, victim-centered care.
16 (4) Provide services at any appropriate location within the region including
17 but not limited to hospital emergency departments, outpatient clinics, parish health
18 units, Louisiana sexual assault centers, children's advocacy centers, and law
19 enforcement facilities as agreed upon by the relevant entities.
20 C. All sexual assault collection kits used in a forensic medical examination
21 shall meet the standards developed by the department in collaboration with the
22 Sexual Assault Response Standards Subcommittee.
23 §1228.6. Reports to law enforcement
24 A. A licensed hospital or healthcare provider shall adhere to the following
25 procedures if a person presents for treatment as a sexual assault survivor:
26 (1) The hospital shall contact its regional SANE program to request that a
27 SANE nurse or SANE team be dispatched to the hospital or other location to perform
28 a forensic medical examination in coordination with available advocacy
29 programming.
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1 (2)(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph, a
2 survivor shall decide whether or not to report the incident to law enforcement
3 officials. No SANE nurse, SANE team, hospital, or healthcare provider shall require
4 the survivor to report the incident to receive medical attention or collect evidence.
5 (b) If a person under the age of eighteen presents for treatment as a sexual
6 assault survivor, the SANE nurse, SANE team, hospital, or healthcare provider shall
7 immediately notify the appropriate law enforcement agency or any other official
8 necessary to fulfill any mandatory reporting obligation required by law.
9 (c) If a survivor is physically or mentally incapable of making the decision
10 to report, the hospital or healthcare provider shall immediately notify the appropriate
11 law enforcement officials.
12 (d) If the survivor wishes to report the incident to law enforcement, the
13 hospital, a healthcare provider, or the SANE examiner shall contact the appropriate
14 law enforcement agency with jurisdiction over the location where the crime occurred
15 for the purpose of transferring the reported sexual assault collection kit to the law
16 enforcement agency. If the location where the crime occurred cannot be determined,
17 the hospital or healthcare provider shall contact the law enforcement agency with
18 jurisdiction over the location where the forensic medical examination is performed
19 to determine the appropriate investigating agency for the purpose of transferring the
20 reported sexual assault collection kit to the law enforcement agency.
21 B.(1) Any member of the hospital staff or a healthcare provider who, in good
22 faith, notifies the appropriate law enforcement official pursuant to Paragraph (A)(2)
23 of this Section is immune from any civil liability that otherwise could be incurred or
24 imposed because of the notification.
25 (2) All reports made by the hospital or healthcare provider staff member
26 shall be made through the appropriate law enforcement agency dispatch. The
27 hospital or healthcare provider staff member shall obtain a file number and the
28 responding officer's name, and document the date, time, method of notification, and
29 the name of the official who received the notification to ensure compliance with this
30 Section.
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1 §1228.7. Examination; advocate
2 A. Every sexual assault survivor shall be examined and treated by a qualified
3 healthcare provider, without undue delay, in a private space required to ensure the
4 health, safety, and welfare of the survivor. Examination and treatment, including the
5 forensic medical examination, shall be adapted as necessary to address the unique
6 needs and circumstances of each survivor. All survivors shall be afforded an
7 advocate whose communications are privileged in accordance with the provisions of
8 R.S. 46:2187, if one is available. With the consent of the survivor, an advocate shall
9 remain in the examination room during the forensic medical examination. With the
10 consent of the survivor, the examination and treatment of all sexual assault survivors
11 shall be in accordance with the Sexual Assault Survivor Bill of Rights as provided
12 in R.S. 46:1845.
13 B.(1) If the survivor does not wish to report the incident to law enforcement,
14 the SANE nurse or SANE team shall, upon completion of the forensic medical
15 examination, ensure the unreported sexual assault collection kit is not identified or
16 labeled with the survivor's identifying information and do either of the following:
17 (a) Contact the law enforcement agency with jurisdiction over the location
18 where the forensic medical examination was performed to transfer possession of the
19 unreported sexual assault collection kit for storage. The law enforcement agency
20 shall maintain all unreported sexual assault collection kits for a period of twenty
21 years.
22 (b) In a jurisdiction with a coroner-based SANE program that has the ability
23 to retain kits in accordance with evidentiary standards and proper chain of custody,
24 contact the coroner's office to transfer possession of the unreported sexual assault
25 collection kit for storage. The coroner shall maintain all unreported sexual assault
26 collection kits for a period of twenty years.
27 (2) No unreported sexual assault collection kit shall remain at a hospital or
28 medical facility if the hospital or medical facility is unable to store the sexual assault
29 collection kit in a secure location that ensures proper chain of custody. If a hospital
30 or medical facility has a secure location that ensures proper chain of custody, the law
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1 enforcement agency with jurisdiction over the location where the forensic medical
2 examination was performed shall take possession of the unreported sexual assault
3 collection kit within seventy-two hours upon notification of completion of the sexual
4 assault collection kit by the hospital or healthcare provider. An unreported sexual
5 assault collection kit shall be transferred to the law enforcement agency with
6 jurisdiction solely for the purpose of secure storage for the duration required by law.
7 The initiation of a criminal investigation or submission of the unreported sexual
8 assault collection kit to a forensic laboratory is not required unless the survivor elects
9 to report the incident.
10 §1228.8. Prohibition on billing for forensic medical examination
11 A. No hospital, healthcare provider, nor the statewide SANE coordinator
12 shall directly bill a survivor of a sexually oriented criminal offense for any healthcare
13 services rendered in conducting a forensic medical examination, including the
14 healthcare services provided for in R.S. 15:622(A)(2) and any of the following:
15 (1) Forensic examiner and hospital or healthcare facility services directly
16 related to the examination, including integral forensic supplies.
17 (2) Scope procedures directly related to the forensic medical examination,
18 including but not limited to anoscopy and colposcopy.
19 (3) Any testing related to the sexual assault or recommended by the
20 healthcare provider.
21 (4) Any medication provided during the forensic medical examination.
22 B. The healthcare provider who conducted the forensic medical examination
23 and the hospital or healthcare facility where the forensic medical examination was
24 conducted shall submit a claim for reimbursement directly to the Crime Victims'
25 Compensation Board, to be paid in accordance with the provisions of R.S. 46:1822.
26 C. The provisions of this Section do not apply to either of the following:
27 (1) A healthcare provider billing for any medical services that are not
28 specifically set forth in this Section or provided for diagnosis or treatment of the
29 survivor for injuries related to the sexual assault.
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1 (2) A survivor of a sexually oriented criminal offense seeking reparations in
2 accordance with the Crime Victims Reparations Act, R.S. 46:1801 et seq., for the
3 costs of any medical services that are not specifically set forth in this Section or
4 provided for the diagnosis or treatment of the survivor for injuries related to the
5 sexual assault.
6 D. The statewide SANE coordinator shall make available to every hospital
7 and healthcare provider licensed under the laws of this state a pamphlet containing
8 an explanation of the billing process for services rendered pursuant to this Section.
9 Every hospital and healthcare provider shall provide a copy of the pamphlet to any
10 person presented for treatment as a survivor of a sexually oriented criminal offense.
11 §1228.9. Hospital and healthcare provider standards
12 A. The procedures provided in this Part constitute the minimum standards
13 for the operation and maintenance of hospitals pursuant to this Part. Failure to
14 comply with these standards may constitute grounds for denial, suspension, or
15 revocation of the healthcare provider's license by the appropriate licensing board or
16 commission.
17 B. No hospital or healthcare provider shall refuse to examine or assist a
18 survivor on the grounds that the alleged offense occurred outside of or the survivor
19 is not a resident of the jurisdiction.
20 §1228.10. Reproduction of certain records
21 A. Upon request of a competent adult survivor of a sexually oriented
22 criminal offense, the healthcare provider that performed the forensic medical
23 examination shall provide a reproduction of any written documentation resulting
24 from the forensic medical examination of the survivor that is in the possession of the
25 healthcare provider. The documentation shall be provided to the survivor no later
26 than fourteen days after the healthcare provider receives the request or the healthcare
27 provider completes the documentation, whichever is later.
28 B. The reproduction of written documentation described in this Section shall
29 be made available at no cost to the survivor and may only be released at the direction
30 of the survivor who is a competent adult. The release of this documentation to the
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1 survivor does not invalidate the survivor's reasonable expectation of privacy nor does
2 it become a public record.
3 §1228.11. Coordination
4 A. The statewide SANE coordinator and the mobile SANE nurse program
5 within each public health region of the Louisiana Department of Health shall
6 coordinate with the following:
7 (1) The criminalistics laboratory within the public health region that is
8 authorized to conduct forensic DNA analysis of sexual assault collection kits
9 regarding statewide standards for kit collection, documentation, storage, transfer, and
10 processing in order to ensure uniform policies and procedures across all participating
11 agencies and regions.
12 (2) The Louisiana Foundation Against Sexual Assault regarding sexual
13 assault crisis services coordination.
14 (3) The Louisiana Alliance of Children's Advocacy Centers.
15 (4) The Louisiana Department of Children and Family Services.
16 (5) The Louisiana State Board of Nursing.
17 (6) The Louisiana Commission on Law Enforcement and Administration of
18 Criminal Justice.
19 B. The department shall enter into memoranda of understanding or other
20 formal agreements as appropriate with hospitals, healthcare facilities, and other
21 entities to facilitate the provision of mobile SANE services.
22 C. The department may enter into a memorandum of understanding with
23 other state agencies in order to effectuate the provisions of this Part.
24 Section 3. R.S. 44:4.1(B)(27) is hereby amended and reenacted to read as follows:
25 §4.1. Exceptions
26 * * *
27 B. The legislature further recognizes that there exist exceptions, exemptions,
28 and limitations to the laws pertaining to public records throughout the revised
29 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
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1 limitations are hereby continued in effect by incorporation into this Chapter by
2 citation:
3 * * *
4 (27) R.S. 40:3.1, 31.14, 31.27, 39.1, 41, 73, 95, 96, 526, 528, 973.1, 978.2.1,
5 1007, 1061.21, 1079.18, 1081.10, 1105.6, 1105.8, 1125.14, 1133.8, 1168.3, 1171.4,
6 1203.4, 1231.4, 1228.10, 1379.1.1(D), 1379.3, 2009.8, 2009.14, 2010.5, 2017.9,
7 2018, 2018.5, 2019, 2020, 2106, 2109.1, 2138, 2175.7(B)(1), 2193.6, 2532, 2845.1
8 * * *
9 Section 4. R.S. 46:1842(introductory paragraph) and (14) are hereby amended and
10 reenacted and R.S. 46:1842(20) and (21) are hereby enacted to read as follows:
11 §§11.842. Definitions
12 In this Chapter, the following terms have the following meanings:
13 * * *
14 (14) "Sexual assault collection kit" has the same meaning as provided in R.S.
15 15:624 means the human biological specimens and associated evidence collected by
16 a healthcare provider during a forensic medical examination for the purpose of
17 documenting, preserving, and analyzing evidence of a sexual assault, and means the
18 standardized sexual assault collection kit issued by the Louisiana State Police.
19 * * *
20 (20) "Reported sexual assault collection kit" means a sexual assault
21 collection kit collected from a survivor who has reported the crime to law
22 enforcement, which indicates the survivor has requested that the case proceed as a
23 criminal investigation and potential prosecution of the suspect.
24 (21) "Unreported sexual assault collection kit" means a sexual assault
25 collection kit collected from a survivor who declines to report the crime to law
26 enforcement at the time of the examination, which indicates the survivor has
27 requested that no criminal investigation or prosecution be initiated, while retaining
28 the right to report the crime and convert the kit to a reported status at any time within
29 the twenty-year retention period.
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1 Section 5. The Louisiana State Law Institute is hereby authorized and directed to
2 alphabetize and renumber the Paragraphs of R.S. 46:1842 so as to properly place in
3 alphabetical order R.S. 46:1842(20) and (21) as enacted by this Act.
4 Section 6. This Act shall become effective upon signature by the governor or, if not
5 signed by the governor, upon expiration of the time for bills to become law without signature
6 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
7 vetoed by the governor and subsequently approved by the legislature, this Act shall become
8 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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