42 U.S.C. § 280g–4b (THE PUBLIC HEALTH AND WELFARE)
§ 280g–4b. Expanding access to unified care
(a) Establishment of program
The Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall establish a program (referred to in this section as the “program”) to award grants to eligible entities for the clinical training of sexual assault forensic examiners (including registered nurses, nurse practitioners, nurse midwives, clinical nurse specialists, physician assistants, and physicians) to administer medical forensic examinations and treatments to survivors of sexual assault.
(b) Purpose
The purpose of the program is to enable each grant recipient to expand access to medical forensic examination services by providing new providers with the clinical training necessary to establish and maintain competency in such services and to test the provisions of such services at new facilities in expanded health care settings.
(c) Grants
Under the program, the Secretary shall award 3-year grants to eligible entities that meet the requirements established by the Secretary.
(d) Eligible entities
To be eligible to receive a grant under this section, an entity shall—
(1) be—
(A) a safety net clinic acting in partnership with a high-volume emergency services provider or a hospital currently providing sexual assault medical forensic examinations performed by sexual assault forensic examiners, that will use grant funds to—
(i) assign rural health care service providers to the high-volume hospitals for clinical practicum hours to qualify such providers as sexual assault forensic examiners; or
(ii) assign practitioners at high-volume hospitals to rural health care services providers to instruct, oversee, and approve clinical practicum hours in the community to be served;
(B) an organization described in section 501(c)(3) of title 26 and exempt from taxation under 501(a) of such title, that provides legal training and technical assistance to Tribal communities and to organizations and agencies serving Indians; or
(C) an Indian Tribe (as defined in section 5304 of title 25); and
(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of whether the applicant will provide services described in subparagraph (A) or (B) of paragraph (1).
(e) Grant amount
Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. A grant recipient may carry over funds from one fiscal year to the next without obtaining approval from the Secretary.
(f) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2027.
(2) Set-aside
Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 15 percent of such amount for purposes of making grants to entities that are affiliated with Indian Tribes or Tribal organizations (as defined in section 5304 of title 25), or Urban Indian organizations (as defined in section 1603 of title 25). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.
(Pub. L. 117–103, div. W, title V, § 506, Mar. 15, 2022, 136 Stat. 878.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Violence Against Women Act Reauthorization Act of 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Public Health Service Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade.
heading: Improving and Strengthening the Sexual Assault Examiner Workforce Clinical and Continuing Education Pilot Program
text: Pub. L. 117–103, div. W, title V, § 505, Mar. 15, 2022, 136 Stat. 876, provided that:
“(a) Purpose.—
It is the purpose of this section to establish a pilot program to develop, test, and implement training and continuing education that expands and supports the availability of medical forensic examination services for survivors of sexual assault.
“(b) Establishment.—
“(1) In general.—
Not later than 1 year after the date of enactment of this Act [Mar. 15, 2022], the Secretary of Health and Human Services (referred to in this section as ‘the Secretary’) shall establish a National Continuing and Clinical Education Pilot Program for sexual assault forensic examiners, sexual assault nurse examiners, and other individuals who perform medical forensic examinations.
“(2) Consultation.—
In establishing such program, the Secretary shall consult with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Violence Against Women of the Department of Justice, and the Office on Women’s Health of the Department of Health and Human Services, and shall solicit input from regional, national, and Tribal organizations with expertise in forensic nursing, rape trauma or crisis counseling, investigating rape and gender violence cases, survivors’ advocacy and support, sexual assault prevention education, rural health, and responding to sexual violence in Tribal communities.
“(c) Functions.—
The pilot program established under subsection (b) shall develop, pilot, implement, and update, as appropriate, continuing and clinical education program modules, webinars, and programs for all hospitals and providers to increase access to medical forensic examination services and address ongoing competency issues in medical forensic examination services, including—
“(1) training and continuing education to help support sexual assault forensic examiners practicing in rural or underserved areas;
“(2) training to help connect sexual assault survivors who are Indian with sexual assault forensic examiners, including through emergency first aid, referrals, culturally competent support, and forensic evidence collection in rural communities;
“(3) replication of successful sexual assault forensic examination programs to help develop and improve the evidence base for medical forensic examinations; and
“(4) training to increase the number of medical professionals who are considered sexual assault forensic examiners based on the recommendations of the National Sexual Assault Forensic Examination Training Standards issued by the Office on Violence Against Women of the Department of Justice.
“(d) Eligibility to Participate in Pilot Programs.—
The Secretary shall ensure that medical forensic examination services provided under the pilot program established under subsection (b), and other medical forensic examiner services under the pilot program are provided by health care providers who are also one of the following:
“(1) A physician, including a resident physician.
“(2) A nurse practitioner.
“(3) A nurse midwife.
“(4) A physician assistant.
“(5) A certified nurse specialist.
“(6) A registered nurse.
“(7) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements.
“(e) Nature of Training.—
The continuing education program established under this section shall incorporate and reflect current best practices and standards on medical forensic examination services consistent with the purpose of this section.
“(f) Availability.—
After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all sexual assault forensic examiners and other providers employed by, or any individual providing services through, facilities that receive Federal funding.
“(g) Effective Date.—
The pilot program established under this section shall terminate on the date that is 2 years after the date of such establishment.
“(h) Authorization.—
There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2025.”
[For definition of terms used in section 505 of div. W of Pub. L. 117–103, set out above, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34].
heading: Definitions
text: For definitions of terms used in this section, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34.