Establishes the sexual assault forensic examination telemedicine pilot program to provide expert, comprehensive, compassionate care to patients and training to support providers in health care facilities that do not have a designated sexual assault forensic examination program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4276
SPONSOR: Gunther TITLE OF BILL:
An act to amend the public health law, in relation to establishing the
sexual assault forensic examination telemedicine pilot program
PURPOSE:
This bill directs the Department of Health to establish a Sexual Assault
Forensic Examination (SAFE) Telemedicine Pilot Program to ensure that
sexual assault survivors seeking care in emergency rooms have access to
health care providers who have the support of specially trained sexual
assault offense examiners through telemedicine.
SUMMARY OF PROVISIONS:
Section one adds a new section of the Public Health Law to direct the
Department of Health to establish a sexual assault forensic examination
(SAFE) telemedicine pilot program. The pilot is designed to provide
expert health care to victims of sexual assault who cannot access one of
the state's emergency departments with a SAFE program through telemedi-
cine. The program shall serve no less than 46 hospitals, including all
critical access hospitals and other hospitals in rural and underserved
areas. The Department shall conduct an evaluation of the program and
report to the Governor and Legislature by December 1, 2020 on the effec-
tiveness of the program and how to make the program self-sustaining.
Section two provides that this act shall take effect immediately,
provided the pilot program shall begin within 120 days of enactment and
the evaluation.
JUSTIFICATION:
New York State has a comprehensive program to treat sexual assault
victims in hospital emergency rooms with staff specially trained in
providing the necessary care, examinations, and collection of forensic
evidence. Unfortunately, establishing and running specialized sexual
assault forensic examination (SAFE) programs is very expensive because
of the highly specialized level of staff training, the high turnover of
staff, the need to have such staff available 24/7 and the fact that the
average time to treat a sexual assault victim and collect evidence is
about four hours. It is estimated that a hospital will spending approxi-
mately $80,000 annually to establish and operate a SAFE program.
Of the 170 hospitals in the state, only 42 currently have a SAFE
program. Of these 42 SAFE programs, 27 are in or near New York City
leaving 15 programs for the remainder of the state. Sexual assault
victims who arrive at a hospital ER without a SAFE program may be trans-
ported to a hospital with a SAFE program, which means extra costs and
delayed care. More often, untrained health care providers do their best
with limited resources to care for the patient and appropriately secure
the forensic evidence. This means patients are not getting the best
available care and nurses and other health care providers in emergency
rooms are forced to carry out a treatment protocol they feel ill
equipped to do. Worse, the forensic evidence and record that is
collected and established is much more likely to be compromised, result-
ing in perpetrators not being brought to justice and left to repeat
their heinous offenses.
The cost of having a SAFE program in each of the 128 facilities without
a program is estimated to be about $10 million dollars. Given many small
rural hospitals may not see a volume of sexual assault victims that
warrants a full program, telemedicine provides a vehicle to get victims
and health care providers access to the expertise of a SAFE program in
real time. This legislation requires an evaluation and report on the
effectiveness of the program and recommendations on how to make the
program a self-sustaining one.
A SAFE telemedicine pilot program will strive to accomplish three impor-
tant goals. First, the pilot will ensure that sexual assault victims
will receive treatment supported by to specially trained health care
staff in real time no matter which hospital they present to. Second,
emergency room staff in facilities without a SAFE program who are not
currently trained will have the supports they need to effectively care
for victims and accurately collect and document forensic evidence.
Third, providing hospitals with SAFE supports means evidence will be
more accurately collected, preserved and documented which will result in
more DNA matches, leading to higher prosecution rates and better crimi-
nal case outcomes and fewer repeat offenders as the perpetrators who
commit these heinous offenses will be taken off of the street.
LEGISLATIVE HISTORY:
2021-22: A5281 referred to Health
2019-2020: A3060 referred to Health
2017-18: A10408 referred to Health / S6947A Cal. 798
FISCAL IMPLICATIONS:
With a small upfront investment the SAFE program can save the state
millions of dollars while simultaneously providing expert health care to
sexual assault victims and getting perpetrators off the streets.
EFFECTIVE DATE:that such sexual assault
This act shall take effect immediately; provided forensic examination
telemedicine pilot program, act, shall be established by the commission-
er of hundred twentieth day after it shall have become as added by
section one of this health no later than the one a law.
STATE OF NEW YORK
________________________________________________________________________
4276
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. GUNTHER, REYES -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to establishing the
sexual assault forensic examination telemedicine pilot program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2805-ii to read as follows:
3 § 2805-ii. Sexual assault forensic examination telemedicine pilot
4 program. 1. SAFE pilot establishment. The commissioner shall establish a
5 sexual assault forensic examination (SAFE) telemedicine pilot program to
6 assist in providing expert, comprehensive, compassionate care to adult
7 and adolescent patients and training to support providers in health care
8 facilities that do not have a designated sexual assault forensic exam-
9 ination program. The commissioner shall consult with the division of
10 criminal justice services, where appropriate, in the establishment of
11 such pilot program. Such SAFE telemedicine pilot shall:
12 (a) support patient care and provide health care provider instruction
13 and support in a timely manner on a twenty-four hours a day, seven days
14 a week basis to any victim of sexual assault or abuse who presents at a
15 facility participating in such pilot for services associated with sexual
16 assault or abuse, and consents to such services;
17 (b) have professionals specially trained, experienced and certified as
18 sexual assault forensic examiners to support emergency room staff in
19 caring for victims of sexual assault or abuse and appropriately securing
20 forensic evidence through live audio video technology;
21 (c) offer to provide support through telemedicine to no less than
22 forty-six hospitals upon the effective date of this section, including
23 all critical access hospitals and many hospitals in rural and/or under-
24 served areas of the state;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09062-01-3
A. 4276 2
1 (d) ensure the medical records of both providers, where applicable
2 comply with all applicable laws and regulation relating to evidence
3 preservation; and
4 (e) meet any other requirements identified by the commissioner.
5 2. SAFE pilot evaluation. The commissioner shall evaluate, or contract
6 with an entity to evaluate, the effectiveness of such SAFE pilot program
7 and prepare a report on the process of care, the outcomes delivered and
8 the outcomes received. Such report shall also evaluate how such pilot
9 can successfully transition to a self-sustaining program where non-SAFE
10 hospitals could subscribe to a SAFE telemedicine program. Such report
11 shall be delivered to the governor, the temporary president of the
12 senate and the speaker of the assembly by December first, two thousand
13 twenty-five.
14 § 2. This act shall take effect immediately; provided that such sexual
15 assault forensic examination telemedicine pilot program, as added by
16 section one of this act, shall be established by the commissioner of
17 health no later than the one hundred twentieth day after it shall have
18 become a law.
