Bill Text: NJ A4740 | 2018-2019 | Regular Session | Introduced


Bill Title: Requires certain hospitals to provide sexual assault treatment training for certain staff.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2018-12-03 - Introduced, Referred to Assembly Health and Senior Services Committee [A4740 Detail]

Download: New_Jersey-2018-A4740-Introduced.html

ASSEMBLY, No. 4740

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED DECEMBER 3, 2018

 


 

Sponsored by:

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Requires certain hospitals to provide sexual assault treatment training for certain staff.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning hospital protocols and sexual assault and supplementing Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.   As used in this act:

     "Department" means the Department of Health.

     "Practitioner" means a medical doctor, physician assistant, or advanced practice nurse who is certified or licensed pursuant to Title 45 of the Revised Statutes.

 

      2.   a.   Each general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall submit to the department for approval:

     (1)   a plan to ensure victims of sexual assault receive treatment  within 90 minutes of presenting at the hospital; and

     (2)   a proposed sexual assault treatment training program for practitioners providing treatment services at the hospital, which shall include treatment for physical, mental, and emotional trauma, and collection of forensic evidence, including the use of a sexual assault evidence collection kit. 

      b.   A hospital shall begin treatment of a victim of sexual assault within 90 minutes of the victim's arrival at the hospital, after having received the consent of the victim, and which treatment shall not delay the provision of any life-saving medical care to the victim or to other patients.  The treatment shall include, but shall not be limited to: treatment for any physical, mental, and emotional trauma, the administration of emergency contraception, the administration of a test for sexually transmitted diseases, referral services, and the collection of forensic evidence, including the use of a sexual assault evidence collection kit.

      c.    The collection of forensic evidence from a victim of sexual assault shall include, but shall not be limited to: examinations and laboratory tests required to ensure the health, safety, and welfare of a sexual assault victim and which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, or in another investigation concerning the act perpetrated upon the victim. The records of the results of such examinations and laboratory tests shall be maintained by the hospital for a period of 18 years and made available to law enforcement officials, and upon the request of the sexual assault victim, to other persons.

      d.   A hospital shall provide sexual assault training to appropriate practitioners, which shall include, but shall not be limited to:

     (1)   the provision of medical, psychological, and forensic services, including the collection of evidence and the use of a sexual assault evidence collection kit;

     (2)   sexual assault epidemiology, neurobiology of trauma, drug-facilitated sexual assault, child sexual abuse, and New Jersey sexual assault-related laws; and

     (3)   the hospital's sexual assault-related policies and procedures.

 

      3.   The Department of Health, in consultation with the Department of Law and Public Safety and appropriate law enforcement agencies, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules or regulations necessary to effectuate the provisions of this act.

 

      4.   This act shall take effect 300 days after the date of enactment.

 

 

STATEMENT

 

     This bill requires hospitals providing emergency services to provide certain professional medical staff with increased training to treat victims of sexual assault.

     Under the bill, each general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) is to submit to the Department of Health (department) for approval: (1) a plan to ensure victims of sexual assault receive treatment within 90 minutes of presenting at the hospital; and (2) a proposed sexual assault treatment training program for practitioners providing treatment services at the hospital, which shall include treatment for physical, mental, and emotional trauma, and collection of forensic evidence, including the use of a sexual assault evidence collection kit. 

     The bill provides that a hospital is to begin treatment of a victim of sexual assault within 90 minutes of the victim's arrival at the hospital, after having received the consent of the victim, and which treatment is not to delay the provision of any life-saving medical care to the victim or to other patients.  The treatment is to include, but is not to be limited to: treatment for any physical, mental, and emotional trauma, the administration of emergency contraception, the administration of a test for sexually transmitted diseases, referral services, and the collection of forensic evidence, including the use of a sexual assault evidence collection kit.

     Under the bill, the collection of forensic evidence from a victim of sexual assault is to include, but is not to be limited to: examinations and laboratory tests required to ensure the health, safety, and welfare of a sexual assault victim and which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, or in another investigation concerning the act perpetrated upon the victim.  The records of the results of such examinations and laboratory tests are to be maintained by the hospital for a period of 18 years and made available to law enforcement officials, and upon the request of the sexual assault victim, to other persons.

     A hospital is to provide sexual assault training to appropriate practitioners, which is to include, but is not to be limited to:

     (1)   the provision of medical, psychological, and forensic services, including the collection of evidence and the use of a sexual assault evidence collection kit; (2) sexual assault epidemiology, neurobiology of trauma, drug-facilitated sexual assault, child sexual abuse, and New Jersey sexual assault-related laws; and (3) the hospital's sexual assault-related policies and procedures.

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