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34 U.S.C. § 40723 — Sexual assault forensic exam program grants

submitted 22 years ago by Pub. L. 108-405 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 1,669 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law funds grants to train and pay sexual assault nurse examiners who perform forensic exams. The Attorney General must prioritize programs serving rural and underserved areas, and report to Congress on examiner access. Congress authorized $30,000,000 a year from 2023 through 2027 to carry this out.

(a) Definitions
This section defines 16 terms used throughout the section:

  • Eligible entity: covers state, tribal, or local governments and hospitals; sexual assault examination programs (SANE, SAFE, and SART programs); doctors, nurses, and victim service providers who treat sexual assault victims; state sexual assault coalitions; health care facilities that offer sexual assault forensic exams by certified examiners; training programs for SANEs and SAFEs; and community-based programs, including those doing pediatric forensic exams outside a typical health care setting.
  • Health care facility: any state, local, tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that gives emergency medical care.
  • Medical forensic examination (MFE): an exam of a sexual assault patient by a specially trained provider. It includes taking the patient's medical history, examining them, treating injuries, documenting findings, collecting evidence, offering information and treatment for infections, pregnancy, suicidal thoughts, and substance abuse, and providing follow-up care.
  • Pediatric SANE and SAFE: a SANE or SAFE trained to examine children and youth from birth through age 18.
  • Qualified personnel: a registered nurse, advanced practice nurse, physician, doctor of osteopathy, or physician assistant with special training in forensic exams.
  • Qualified SANE and SAFE training program: a program that prepares SANEs to meet state and national licensing standards through hands-on training, uses trauma-informed methods, and meets the most recent National Training Standards for these examiners.
  • Rural area: has the meaning given in section 12291 of this title.
  • Secretary: the Secretary of Health and Human Services.
  • Sexual assault: any nonconsensual sexual act or contact banned by federal, tribal, or state law, including when the person cannot legally consent.
  • Sexual assault forensic examiner (SAFE): someone with special forensic training who treats sexual assault survivors and performs medical forensic exams.
  • Sexual assault forensic examination: the same kind of exam described above under "medical forensic examination" — gathering history, examining, treating injuries, documenting findings, collecting evidence, giving information and referrals, and following up.
  • Sexual assault nurse examiner (SANE): a registered or advanced practice nurse with special training in these exams.
  • Sexual assault response team (SART): a multidisciplinary team that responds immediately to sexual assault survivors; it may include health care staff, police, victim advocates, prosecutors, and forensic scientists.
  • State: any state, the District of Columbia, or any U.S. territory or possession.
  • Trauma-informed: services or training that center the patient, respect the dignity and strength of trauma survivors, and use evidence-based practices about how trauma affects people's lives.
  • Underserved populations: has the meaning given in section 12291 of this title.

(b) Sexual assault nurse examiner training program grants
(1) The Attorney General, working with the Secretary, must give grants to eligible entities to: set up regional SANE training programs (covering clinical education, instructor salaries — including pediatric and multidisciplinary specialists — and simulation labs); pay full- and part-time salaries for SANEs and SAFEs, including pediatric ones; and otherwise expand access to SANEs and SAFEs through training, education, or technical help with DNA evidence.
(2) When reviewing applications, the Attorney General must favor entities that promise to work with a rape crisis center or state sexual assault coalition and use the funds to set up training programs in high-need areas (covering adult and child sexual assault, domestic violence, elder abuse, trafficking, and strangulation cases), expand SANE availability in rural, tribal, underserved, or health-shortage areas, or set up mobile SANE teams or telehealth access.

(c) Directive to the Attorney General
(1) By the start of fiscal year 2022, the Attorney General, working with the Secretary, must tell health care facilities, colleges, universities, and other health-related groups about the grant funding available and about the role of SANEs — especially pediatric SANEs — in responding to sexual assault, domestic violence, trafficking, elder abuse, and strangulation.
(2) In doing this, the Attorney General must work with nongovernmental groups that represent SANEs.

(d) Public information on access to sexual assault forensic examinations
(1) Within 2 years of March 15, 2022, the Attorney General, with the Secretary, must set up and update every year a public website about access to forensic nurse examiners.
(2) The website must describe, state by state, funding for SANE training and continuing education, and where sexual assault advocates are available at exam locations.
(3) Within 4 years of March 15, 2022, the Attorney General must report to four congressional committees on: availability of and access to trained SANEs; which health care facilities offer SANE exams and their staffing coverage; barriers to SANE care; state training standards for SANEs, including trauma-informed and culturally competent training; state training standards for other emergency personnel involved in these exams; how often training is offered and by whom; federal and state funding dedicated to SANE training; funding opportunities for training and continuing education; availability of sexual assault advocates at exam sites; and the total yearly cost of these exams as described in section 10449(b) of this title.

(e) Authorization of appropriations
Congress authorized $30,000,000 for each fiscal year from 2023 through 2027 to carry out this section.

the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Eligible entity

The term “eligible entity” includes—

(A)

a State, Tribal, or local government or hospital;

(B)

a sexual assault examination program, including—

(i)

a SANE program;

(ii)

a SAFE program;

(iii)

a SART program;

(iv)

medical personnel, including a doctor or nurse, involved in treating victims of sexual assault; and

(v)

a victim service provider involved in treating victims of sexual assault;

(C)

a State sexual assault coalition;

(D)

a health care facility, including a hospital that provides sexual assault forensic examinations by a qualified or certified SANE or SAFE;

(E)

a sexual assault examination program that provides SANE or SAFE training; and

(F)

a community-based program that provides sexual assault forensic examinations, including pediatric forensic exams in a multidisciplinary setting, by a qualified or certified SANE or SAFE outside of a traditional health care setting.

(2) Health care facility

The term “health care facility” means any State, local, Tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that provides emergency medical care to patients.

(3) Medical forensic examination; MFE

The term “medical forensic examination” or “MFE” means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes—

(A)

gathering information from the patient for the medical forensic history;

(B)

an examination;

(C)

coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient;

(D)

documentation of findings;

(E)

providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and

(F)

providing follow-up as needed to provide additional healing, treatment, or collection of evidence.

(4) Pediatric SANE and SAFE

The term “pediatric SANE and SAFE” means a SANE or SAFE who is trained to conduct sexual assault forensic examinations on children and youth between the ages of 0 and 18.

(5) Qualified personnel

The term “qualified personnel” includes a registered or advanced practice nurse, physician, doctor of osteopathy, or physician assistant who has specialized training conducting medical forensic examinations.

(6) Qualified SANE and SAFE training program

The term “qualified SANE and SAFE training program” means a program that—

(A)

is qualified to prepare current and future sexual assault nurse examiners to be profession-ready and meet the applicable State and National certification and licensure requirements, through didactic, clinical, preceptor, or capstone programs that include longer-term training;

(B)

provides that preparation under a health care model that uses trauma-informed techniques; and

(C)

is approved as meeting the most recent National Training Standards for Sexual Assault Medical Forensic Examiners.

(7) Rural area

The term “rural area” has the meaning given the term in section 12291 of this title.

(8) Secretary

The term “Secretary” means the Secretary of Health and Human Services.

(9) Sexual assault

The term “sexual assault” means any nonconsensual sexual act or sexual contact proscribed by Federal, Tribal, or State law, including when the individual lacks capacity to consent.

(10) Sexual assault forensic examiner; SAFE

The term “sexual assault forensic examiner” or “SAFE” means an individual who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations.

(11) Sexual assault forensic examination

The term “sexual assault forensic examination” means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes—

(A)

gathering information from the patient for the medical forensic history;

(B)

an examination;

(C)

coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient;

(D)

documentation of findings;

(E)

providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and

(F)

providing follow-up as needed to provide additional healing, treatment, or collection of evidence.

(12) Sexual assault nurse examiner; SANE

The term “sexual assault nurse examiner” or “SANE” means a registered or advanced practice nurse who has specialized training conducting medical forensic examinations.

(13) Sexual assault response team; SART

The term “sexual assault response team” or “SART” means a multidisciplinary team that—

(A)

provides a specialized and immediate response to survivors of sexual assault; and

(B)

may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists.

(14) State

The term “State” means any State of the United States, the District of Columbia, and any territory or possession of the United States.

(15) Trauma-informed

The term “trauma-informed” means, with respect to services or training, services or training that—

(A)

use a patient-centered approach to providing services or care;

(B)

promote the dignity, strength, and empowerment of patients who have experienced trauma; and

(C)

incorporate evidence-based practices based on knowledge about the impact of trauma on patients’ lives.

(16) Underserved populations

The term “underserved populations” has the meaning given the term in section 12291 of this title.

(b) Sexual assault nurse examiner training program grants
(1) Authorization for grants

The Attorney General, in consultation with the Secretary, shall make grants to eligible entities for the following purposes:

(A)

To establish qualified regional SANE training programs—

(i)

to provide clinical education for SANE students;

(ii)

to provide salaries for full and part-time SANE instructors, including those specializing in pediatrics and working in a multidisciplinary team setting, to help with the clinical training of SANEs; and

(iii)

to provide access to simulation laboratories and other resources necessary for clinical education.

(B)

To provide full and part time salaries for SANEs and SAFEs, including pediatric SANEs and SAFEs.

(C)

To increase access to SANEs and SAFEs by otherwise providing training, education, or technical assistance relating to the collection, preservation, analysis, and use of DNA samples and DNA evidence by SANEs, SAFEs, and other qualified personnel.

(2) Preference for grants

In reviewing applications for grants under this section, the Attorney General shall give preference to any eligible entity that certifies in the grant application that the entity will coordinate with a rape crisis center or the State sexual assault coalition to facilitate sexual assault advocacy to support sexual assault survivors and use the grant funds to—

(A)

establish qualified SANE training programs in localities with a high volume of forensic trauma cases, including adult and child sexual assault, domestic violence, elder abuse, sex trafficking, and strangulation cases;

(B)

increase the local and regional availability of full and part time sexual assault nurse examiners in a rural area, Tribal area, an area with a health professional shortage, or for an underserved population, including efforts to provide culturally competent services; or

(C)

establish or sustain sexual assault mobile teams or units or otherwise enhance SANE and SAFE access through telehealth.

(c) Directive to the Attorney General
(1) In general

Not later than the beginning of fiscal year 2022, the Attorney General shall coordinate with the Secretary to inform health care facilities, including Federally qualified health centers and hospitals, colleges and universities, and other appropriate health-related entities about—

(A)

the availability of grant funding under this section; and

(B)

the role of sexual assault nurse examiners, both adult and pediatric, and available resources of the Department of Justice and the Department of Health and Human Services to train or employ sexual assault nurses examiners to address the needs of communities dealing with sexual assault, domestic violence, sex trafficking, elder abuse, strangulation, and, in particular, the need for pediatric SANEs, including such nurse examiners working in the multidisciplinary setting, in responding to abuse of both children and adolescents.

(2) Requirement

In carrying out paragraph (1), the Attorney General shall collaborate with nongovernmental organizations representing SANEs.

(d) Public information on access to sexual assault forensic examinations
(1) In general

Not later than 2 years after March 15, 2022, the Attorney General, in consultation with the Secretary, shall establish, and update annually, a public website on the access to forensic nurse examiners.

(2) Contents

The website required under paragraph (1) shall with specificity describe, by State—

(A)

funding opportunities for SANE training and continuing education; and

(B)

the availability of sexual assault advocates at locations providing sexual assault forensic exams.

(3) Report to Congress

Not later than 4 years after March 15, 2022, the Attorney General, in consultation with the Secretary, shall submit to the Committee on the Judiciary of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Energy and Commerce of the House of Representatives a report on—

(A)

the availability of, and patient access to, trained SANEs and other providers who perform MFEs or sexual assault forensic examinations;

(B)

the health care facilities, including hospitals or clinics, that offer SANEs and sexual assault forensic examinations and whether each health care facility, including a hospital or clinic, has full-time, part-time, or on-call coverage;

(C)

regional, provider, or other barriers to access for SANE care and services, including MFEs and sexual assault forensic examinations;

(D)

State requirements, minimum standards, and protocols for training SANEs, including trauma-informed and culturally competent training standards;

(E)

State requirements, minimum standards, and protocols for training emergency services personnel involved in MFEs and sexual assault forensic examinations;

(F)

the availability of sexual assault nurse examiner training, frequency of when training is convened, the providers of such training, the State’s role in such training, and what process or procedures are in place for continuing education of such examiners;

(G)

the dedicated Federal and State funding to support SANE training;

(H)

funding opportunities for SANE training and continuing education;

(I)

the availability of sexual assault advocates at locations providing MFEs and sexual assault forensic exams; and

(J)

the total annual cost of conducting sexual assault forensic exams described in section 10449(b) of this title.

(e) Authorization of appropriations

There are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

Source credit: (Pub. L. 108–405, title III, § 304, Oct. 30, 2004, 118 Stat. 2273; Pub. L. 110–360, § 4, Oct. 8, 2008, 122 Stat. 4009; Pub. L. 113–182, § 4, Sept. 29, 2014, 128 Stat. 1918; Pub. L. 114–324, § 4, Dec. 16, 2016, 130 Stat. 1950; Pub. L. 115–107, § 2, Jan. 8, 2018, 131 Stat. 2266; Pub. L. 116–104, § 4, Dec. 30, 2019, 133 Stat. 3273; Pub. L. 117–103, div. W, title XIII, § 1318(b)–(e), Mar. 15, 2022, 136 Stat. 940–945.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-405 · 118 Stat. 2273
  • 2008Amended · Pub. L. 110-360 · 122 Stat. 4009
  • 2014Amended · Pub. L. 113-182 · 128 Stat. 1918
  • 2016Amended · Pub. L. 114-324 · 130 Stat. 1950
  • 2018Amended · Pub. L. 115-107 · 131 Stat. 2266
  • 2019Amended · Pub. L. 116-104 · 133 Stat. 3273
  • 2022Amended · Pub. L. 117-103 · 136 Stat. 940

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-405 on 2004-10-30.

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