HB2583 H&HR AM 3-13
CR 3338
The Committee on Health and Human Resources moves to amend the
bill on page 1, line 23, by striking everything after the enacting
section and inserting in lieu thereof the following:
"ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.
§15-9B-1. Sexual Assault Forensic Examination Commission.
_____(a) The Governor's Committee on Crime, Delinquency and
Correction shall create the Sexual Assault Forensic Examination
Commission to establish mandatory state-wide protocols for
conducting sexual assault forensic examinations, including
designating locations and providers to perform forensic
examinations, establishing minimum qualifications and procedures
for performing forensic examinations and establishing protocols to
assure the proper collection of evidence. As used in this article,
the word "commission" means the "Sexual Assault Forensic
Examination Commission." The purpose of the commission is to
establish and manage a state-wide system to facilitate the timely
and efficient collection of forensic evidence. The commission
consists of the following members or his or her designee:
_____(1) A representative of state prosecutors;
_____(2) A representative of county governments;
_____(3) A representative of the State Health Department;
_____(4) A forensic expert from the State Police crime lab;
_____(5) A law-enforcement officer with knowledge of sexual assault
investigation;
_____(6) A sexual assault nurse examiner;
_____(7) An emergency room physician;
_____(8) A victims advocate;
_____(9) A representative of a state organization representing
hospitals;
_____(10) A representative of the West Virginia Foundation for Rape
Information and Services, or other similar state organization
dedicated to facilitating expansion of services to victims of
sexual assaults;
_____(11) A representative from the West Virginia Child Advocacy
Network;
_____(12) A health care provider with pediatric and child abuse
expertise; and
_____(13) The Director of the Division of Justice and Community
Service who shall serve as chair of the commission.
_____(b) Members of the commission shall be paid the same expense
reimbursement paid to members of the Legislature for their interim
duties, as recommended by the Citizens Legislative Compensation
Commission and authorized by law, for each day or portion of a day
engaged in the discharge of official duties.
§15-9B-2. Powers and duties of the commission.
_____(a) The commission shall authorize the creation and oversee local boards established pursuant to section three of this article
and shall approve local plans for each area of the state on a
county or regional basis. If the commission deems necessary, it may
add or remove a county or portion thereof from a region to assure
that all areas of the state are included in an appropriate local
plan. Upon the failure of any county or local region to propose a
plan, the commission may implement a plan for that county or
region.
_____(b) The commission may authorize minimum training requirements
for providers conducting exams and establish a basic standard of
care for victims of sexual assault. The commission shall facilitate
the recruitment and retention of qualified health care providers,
that are properly qualified to conduct forensic examinations. The
commission shall work with county and regional boards to identify
areas of greatest need and develop and implement recruitment and
retention programs to help facilitate the effective collection of
evidence.
_____(c) The commission may adopt necessary and reasonable
requirements relating to establishment of a state-wide training and
forensic examination system, including, but not limited to,
assisting exam providers receive training and support services;
advocating the fair and reasonable reimbursement to exam providers,
and to facilitate transportation services for victims to get to and
from designated exam locations.
_____(d) Once a plan is approved by the commission, it can only be
amended or otherwise altered as provided by rules of the
commission. Designated facilities and organizations providing
services in the plan may not withdraw from participation without
commission authorization. If there is a change of circumstances,
that would require a change in a county or regional plan, the
members of the local board and the state commission shall be
notified. The local board shall meet as soon as possible to
establish a temporary plan to ensure continuity of services in the
county or region. The local board shall submit a revised plan for
approval by the commission as soon as is practicable.
_____(e) The commission may propose rules for legislative approval,
in accordance with article three, chapter twenty-nine-a of this
code, necessary to implement this article.
§15-9B-3. Local Sexual Assault Forensic Examination Boards.
_____Each county prosecutor, or his or her designee, shall convene
and chair a Sexual Assault Forensic Examination Board, or may as an
alternative, convene and chair the sexual assault response teamin
the county to act as the Sexual Assault Forensic Examination Board.
If a regional board is authorized, all county prosecutors from the
designated area shall be members of the board. The prosecutors
shall assure that each board be proportionally representative of
the designated region. Each board may vary in membership, but
should include representatives from local health care facilities, local law enforcement, multi-disciplinary investigative team,
county and municipal governments and victims advocates. Each
county or regional board shall develop a local plan and protocols
for the area, which will address, at a minimum, the following:
_____(1) Identify facilities that are appropriate for receipt and
treatment of sexual assault victims;
_____(2) Assess and designate physicians or nurses, or both, in the
area qualified to conduct forensic examinations;
_____(3) Evaluate the needs and available resources of the area to
facilitate and encourage twenty-four hour, seven day a week basis;
and
_____(4) If availability of services are limited, or the remoteness
of the region causes lack of adequate examination facilities or
personnel, the local boards may designate local government or other
resources to provide appropriate transport of victims to facilities
where the victim can receive a timely and appropriate forensic
examination.
_____(5) Develop a backup plan in case there is a change in
circumstances to ensure continuity of service."