West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-11 - Sexual Assault Forensic Examinations › Section 149-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Acute" means within 96 hours of a sexual offense as defined subsection
				2.19.
2.2. "Advanced practice
				registered nurse" or "APRN" has the meaning ascribed in W. Va. Code
				§30-7-1
et
				seq
.
2.3.
				"Alcohol-facilitated sexual offense" means the use of any alcoholic beverage in
				the commission of a sexual offense.
2.4. "Drug-facilitated sexual offense" means
				the use of a chemical submissive agent in the commission of a sexual offense
				that produces relaxant effects, blackouts, coma, impaired judgment, or loss of
				coordination.
2.5. "Health care
				professional" means a physician, a physician assistant, a sexual assault
				forensic examiner, an APRN, a registered professional nurse, a licensed
				practical nurse, or a sexual assault nurse examiner.
2.6. "Health care facility" means a publicly
				or privately owned facility, agency or entity that offers or provides health
				services, whether a for-profit or nonprofit entity and whether or not licensed,
				or required to be licensed, in whole or in part.
2.7. "Hospital" means a facility licensed
				pursuant to the provisions of W. Va. Code §16-5B-1
et seq
.
				that primarily provides inpatient diagnostic, treatment, or rehabilitative
				services to the injured, disabled, or sick persons under the supervision of
				physicians with a 24-hour emergency department.
2.8. "Licensed practical nurse" has the
				meaning ascribed in W. Va. Code §30-7a-1
et
				seq
.
2.9. "Medical
				forensic services" means health care delivered to patients within or under the
				care of a qualified medical provider who is trained to conduct medical forensic
				examinations. "Medical forensic services" includes, but is not limited to,
				taking a medical history, performing photo documentation, performing a physical
				and anogenital examination, assessing the patient for evidence collection,
				collecting evidence in accordance with a statewide sexual assault evidence
				collection program administered by the West Virginia State Police using the
				Sexual Assault Evidence Collection Kit, if appropriate, assessing the patient
				for drug-facilitated or alcohol-facilitated sexual offense, and appropriate
				discharge and follow-up healthcare planning.
2.10. "Nonreported kit" means a kit collected
				from a sexual assault victim who has consented to the collection of the kit but
				has not consented to participation in the criminal justice process.
2.11. "Photo documentation" means digital
				photographs or colposcope videos stored and backed-up securely in the original
				file format.
2.12. "Physician"
				means a person licensed to practice medicine in all its branches as defined in
				W. Va. Code §30-3-1
et
				seq
.
2.13. "Physician
				assistant" has the meaning ascribed in W. Va. Code §30-3E-1
et
				seq
.
2.14. "Qualified
				medical provider" includes:
2.14.1. a
				registered professional nurse who has completed a sexual assault nurse examiner
				course and clinical skills session(s) approved by the SAFE
				Commission.
2.14.2. a physician who
				has completed a modified training course approved by the SAFE
				Commission.
2.14.3. an advanced
				practice registered nurse who has completed a modified training course approved
				by the SAFE Commission.
2.14.4. a
				registered professional nurse who has completed a 40-hour sexual assault nurse
				examiner course approved by the SAFE Commission and has access to a
				teleSANE.