The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3060

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2019
                               ___________

Introduced  by  M. of A. GUNTHER, GALEF -- 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:

  Section 1. The public health law is amended by adding  a  new  section
2805-ii to read as follows:
  §  2805-II.  SEXUAL  ASSAULT  FORENSIC  EXAMINATION TELEMEDICINE PILOT
PROGRAM. 1. SAFE PILOT ESTABLISHMENT. THE COMMISSIONER SHALL ESTABLISH A
SEXUAL ASSAULT FORENSIC EXAMINATION (SAFE) TELEMEDICINE PILOT PROGRAM TO
ASSIST IN PROVIDING EXPERT, COMPREHENSIVE, COMPASSIONATE CARE  TO  ADULT
AND ADOLESCENT PATIENTS AND TRAINING TO SUPPORT PROVIDERS IN HEALTH CARE
FACILITIES  THAT  DO NOT HAVE A DESIGNATED SEXUAL ASSAULT FORENSIC EXAM-
INATION PROGRAM.  THE COMMISSIONER SHALL CONSULT WITH  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES,  WHERE APPROPRIATE, IN THE ESTABLISHMENT OF
SUCH PILOT PROGRAM.  SUCH SAFE TELEMEDICINE PILOT SHALL:
  (A) SUPPORT PATIENT CARE AND PROVIDE HEALTH CARE PROVIDER  INSTRUCTION
AND  SUPPORT IN A TIMELY MANNER ON A TWENTY-FOUR HOURS A DAY, SEVEN DAYS
A WEEK BASIS TO ANY VICTIM OF SEXUAL ASSAULT OR ABUSE WHO PRESENTS AT  A
FACILITY PARTICIPATING IN SUCH PILOT FOR SERVICES ASSOCIATED WITH SEXUAL
ASSAULT OR ABUSE, AND CONSENTS TO SUCH SERVICES;
  (B) HAVE PROFESSIONALS SPECIALLY TRAINED, EXPERIENCED AND CERTIFIED AS
SEXUAL  ASSAULT  FORENSIC  EXAMINERS  TO SUPPORT EMERGENCY ROOM STAFF IN
CARING FOR VICTIMS OF SEXUAL ASSAULT OR ABUSE AND APPROPRIATELY SECURING
FORENSIC EVIDENCE THROUGH LIVE AUDIO VIDEO TECHNOLOGY;
  (C) OFFER TO PROVIDE SUPPORT THROUGH  TELEMEDICINE  TO  NO  LESS  THAN
FORTY-SIX  HOSPITALS  UPON THE EFFECTIVE DATE OF THIS SECTION, INCLUDING
ALL CRITICAL ACCESS HOSPITALS AND MANY HOSPITALS IN RURAL AND/OR  UNDER-
SERVED AREAS OF THE STATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01635-01-9

A. 3060                             2

  (D)  ENSURE  THE  MEDICAL  RECORDS OF BOTH PROVIDERS, WHERE APPLICABLE
COMPLY WITH ALL APPLICABLE LAWS  AND  REGULATION  RELATING  TO  EVIDENCE
PRESERVATION; AND
  (E) MEET ANY OTHER REQUIREMENTS IDENTIFIED BY THE COMMISSIONER.
  2. SAFE PILOT EVALUATION. THE COMMISSIONER SHALL EVALUATE, OR CONTRACT
WITH AN ENTITY TO EVALUATE, THE EFFECTIVENESS OF SUCH SAFE PILOT PROGRAM
AND  PREPARE A REPORT ON THE PROCESS OF CARE, THE OUTCOMES DELIVERED AND
THE OUTCOMES RECEIVED. SUCH REPORT SHALL ALSO EVALUATE  HOW  SUCH  PILOT
CAN  SUCCESSFULLY TRANSITION TO A SELF-SUSTAINING PROGRAM WHERE NON-SAFE
HOSPITALS COULD SUBSCRIBE TO A SAFE TELEMEDICINE  PROGRAM.  SUCH  REPORT
SHALL  BE  DELIVERED  TO  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY BY DECEMBER FIRST,  TWO  THOUSAND
TWENTY-ONE.
  § 2. This act shall take effect immediately; provided that such sexual
assault  forensic  examination  telemedicine  pilot program, as added by
section one of this act, shall be established  by  the  commissioner  of
health  no  later than the one hundred twentieth day after it shall have
become a law.