595.220. Forensic examinations, department of public safety to pay medical providers, when--minor may consent to examination, when--attorney general to develop forms--collection kits--definitions--rul - Missouri Statutes

Forensic examinations, department of public safety to pay medicalproviders, when--minor may consent to examination, when--attorneygeneral to develop forms--collectionkits--definitions--rulemaking authority.

595.220. 1. The department of public safety shall make payments toappropriate medical providers, out of appropriations made for that purpose,to cover the reasonable charges of the forensic examination of persons whomay be a victim of a sexual offense if:

(1) The victim or the victim's guardian consents in writing to theexamination; and

(2) The report of the examination is made on a form approved by theattorney general with the advice of the department of public safety.

2. A minor may consent to examination under this section. Suchconsent is not subject to disaffirmance because of minority, and consent ofparent or guardian of the minor is not required for such examination. Theappropriate medical provider making the examination shall give writtennotice to the parent or guardian of a minor that such an examination hastaken place.

3. The attorney general, with the advice of the department of publicsafety, shall develop the forms and procedures for gathering evidenceduring the forensic examination under the provisions of this section. Thedepartment of health and senior services shall develop a checklist,protocols, and procedures for appropriate medical providers to refer towhile providing medical treatment to victims of a sexual offense, includingthose specific to victims who are minors.

4. Evidentiary collection kits shall be developed and made available,subject to appropriation, to appropriate medical providers by the highwaypatrol or its designees and eligible crime laboratories. Such kits shallbe distributed with the forms and procedures for gathering evidence duringforensic examinations of victims of a sexual offense to appropriate medicalproviders upon request of the provider, in the amount requested, and at nocharge to the medical provider. All appropriate medical providers shall,with the written consent of the victim, perform a forensic examinationusing the evidentiary collection kit, or other collection proceduresdeveloped for victims who are minors, and forms and procedures forgathering evidence following the checklist for any person presenting as avictim of a sexual offense.

5. In reviewing claims submitted under this section, the departmentshall first determine if the claim was submitted within ninety days of theexamination. If the claim is submitted within ninety days, the departmentshall, at a minimum, use the following criteria in reviewing the claim:examination charges submitted shall be itemized and fall within thedefinition of forensic examination as defined in subdivision (3) ofsubsection 7 of this section.

6. All appropriate medical provider charges for eligible forensicexaminations shall be billed to and paid by the department of publicsafety. No appropriate medical provider conducting forensic examinationsand providing medical treatment to victims of sexual offenses shall chargethe victim for the forensic examination. For appropriate medical providercharges related to the medical treatment of victims of sexual offenses, ifthe victim is an eligible claimant under the crime victims' compensationfund, the victim shall seek compensation under sections 595.010 to 595.075.

7. For purposes of this section, the following terms mean:

(1) "Appropriate medical provider", any licensed nurse, physician, orphysician assistant, and any institution employing licensed nurses,physicians, or physician assistants, provided that such licensedprofessionals are the only persons at such institution to perform tasksunder the provisions of this section;

(2) "Evidentiary collection kit", a kit used during a forensicexamination that includes materials necessary for appropriate medicalproviders to gather evidence in accordance with the forms and proceduresdeveloped by the attorney general for forensic examinations;

(3) "Forensic examination", an examination performed by anappropriate medical provider on a victim of an alleged sexual offense togather evidence for the evidentiary collection kit or using othercollection procedures developed for victims who are minors;

(4) "Medical treatment", the treatment of all injuries and healthconcerns resulting directly from a patient's sexual assault orvictimization.

8. The department shall have authority to promulgate rules andregulations necessary to implement the provisions of this section. Anyrule or portion of a rule, as that term is defined in section 536.010,RSMo, that is created under the authority delegated in this section shallbecome effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2009, shall be invalidand void.

(L. 2009 S.B. 338)