Title 32.1. Health
Chapter 5. Regulation of Medical Care Facilities and Services
§ 32.1-162.15:4. Treatment services.
A. The Board shall adopt regulations to establish standards for review and approval of sexual assault patient treatment plans, which shall include provisions for the following services, when ordered by a health care provider and with the consent of the sexual assault patient:
1. Appropriate medical forensic examination;
2. Appropriate oral and written information concerning the possibility of infection or sexually transmitted disease, including human immunodeficiency virus (HIV) resulting from the sexual assault, accepted medical procedures and medications for the prevention or treatment of such infection or sexually transmitted disease, and the indications, contraindications, and potential risks of such medical procedures or medications;
3. Appropriate evaluations to determine the sexual assault patient's risk of infection or sexually transmitted disease, including HIV, resulting from the sexual assault;
4. Appropriate oral and written information regarding the possibility of pregnancy resulting from the sexual assault and medically and factually accurate oral and written information about emergency contraception, the indications and contraindications and potential risks associated with the use of emergency contraception, and the availability of emergency contraception for sexual assault patients;
5. Prescriptions of such medications as may be appropriate for treatment of the sexual assault patient both during treatment at the hospital and upon discharge, including, in cases in which prophylactic treatment for infection with HIV is deemed appropriate, an initial dose or all required doses of HIV prophylaxis;
6. Oral and written information regarding the need for follow-up care, including examinations and laboratory tests to determine the presence or absence of sexually transmitted infection or disease and follow-up care related to HIV prophylaxis;
7. Policies and procedures for referral and connection to hospital-based, community-based, or statewide advocacy services for sexual assault patients and their families when available; and
8. Referral for appropriate counseling and other support services based on availability of services.
B. All appropriate sexual assault patient treatment services shall be provided without delay in a private location and in an age-appropriate or developmentally appropriate manner.
C. Medical forensic examinations provided pursuant to a sexual assault patient treatment plan approved by the Board shall include an offer to complete a physical evidence recovery kit. Every treatment hospital for which a sexual assault patient treatment plan has been approved by the Department shall report to the Department by December 1 of each year:
1. The total number of patients to whom a medical forensic examination was provided; and
2. The total number of physical evidence recovery kits offered and completed.
D. Every treatment hospital shall adopt procedures to ensure compliance with mandatory reporting requirements pursuant to §§ 63.2-1509 and 63.2-1606.
Records of services provided to sexual assault patients, including the results of any examination or laboratory test conducted pursuant to subsection A, shall be maintained by the treatment hospital and made available to law enforcement upon request of the sexual assault patient. Records of services provided to sexual assault patients 18 years of age and older shall be maintained by the hospital for a period of 20 years from the date the record was created. Records of services provided to sexual assault patients under 18 years of age shall be maintained for a period of 20 years after the date on which the sexual assault patient reaches 18 years of age.
E. Every treatment hospital, including every treatment hospital with an approved pediatric sexual assault patient plan, shall include in its sexual assault patient treatment plan provisions requiring appropriate health care providers who provide services in the hospital's emergency department to annually complete training developed and made available by the Department on the topic of sexual assault, detection of sexual assault, provision of services for sexual assault patients, and collection of evidence in cases involving alleged sexual assault. Such training shall be consistent with best practices outlined by the International Association of Forensic Nurses.
