S T A T E O F N E W Y O R K
________________________________________________________________________
5281
2021-2022 Regular Sessions
I N A S S E M B L Y
February 12, 2021
___________
Introduced by M. of A. GUNTHER, GALEF, 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:
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.
LBD02479-01-1
A. 5281 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-THREE.
§ 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.