West Virginia Code of State Rules › Agency 168 - Prosecuting Attorneys Institute › Title 168 - PROCEDURAL RULE PROSECUTING ATTORNEYS INSTITUTE › Series 168-01 - Payment for Costs of Forensic Medical Examination › Section 168-1-3 - Responsibilities of the Licensed Medical Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				In order to be eligible for and to receive reimbursement for conducting
				forensic medical examinations, a licensed medical facility must comply with the
				following procedures:
3.1.1. Each hospital
				performing medical examinations must use either the WV State Police Sexual
				Assault Kit or kits containing, at a minimum, the items contained in the WV
				State Police Sexual Assault Kit. Each hospital may order sexual assault kits
				free of charge from the WV State Police.
3.1.2. Where an alleged victim of an alleged
				violation of W. Va. Code §61-8b ET SEQ. chooses to participate in an
				investigation of said alleged violation and if an investigating officer is not
				present at the time the alleged victim arrives at the hospital, a law
				enforcement officer should be contacted immediately through appropriate
				emergency channels.
3.1.3. Prior to
				conducting a forensic medical examination, the examining physician or SANE will
				explain to the alleged victim what a sexual assault examination involves and
				determine whether the victim wishes to participate in an investigation
				regarding the alleged sex crimes violation and document said decision in
				writing. The obtaining of additional consents included in the sexual assault
				kit and any additional consents which may be required by law is the
				responsibility of the hospital.
3.1.4. If possible, the forensic medical
				examination should be conducted by a physician, a sexual assault nurse examiner
				(SANE), a physician assistant working under the direct supervision of a
				physician, or an advanced practice nurse. Recognizing, however, that
				sensitivity to the needs of a victim of sexual assault may preclude delays in
				conducting the examination, payment will not be refused based on qualifications
				of the medical personnel performing the examination when the forensic medical
				examination is conducted by a licensed health care professional acting within
				the scope of practice at a licensed medical facility.
3.1.5. Hospital personnel should take note of
				any physical evidence, such as statements made by the alleged victim, as well
				as articles of clothing, etc. It is strongly recommended that the hospital
				preserve documents concerning this evidence and record the methods of
				collection.
3.1.6. Where an alleged
				victim of an alleged violation of W. Va. Code §61-8b ET SEQ. chooses to
				participate in an investigation of said alleged violation, after gathering the
				forensic evidence, the sexual assault kit shall be sealed and turned over to
				the investigating officer or police agency. Any and all other evidence
				collected by hospital staff shall also be turned over to the investigating
				officer or police agency. Where an alleged victim of an alleged violation of W.
				Va. Code §61-8b ET SEQ. chooses not to participate in an investigation of
				said alleged violation hospital personnel will be responsible for preparing the
				forensic evidence to be transported in such a manner and to such a location as
				is designated in the instructions accompanying the WV State Police Sexual
				Assault Kits.
3.1.7. Following the
				completion of a forensic medical examination, the hospital shall submit a
				certification that such an examination was performed and may submit, within a
				reasonable time of the date of examination, an original invoice for the
				forensic medical examination to the West Virginia Prosecuting Attorneys
				Institute at its regular business address, Attention: Forensic Medical
				Examination Fund. The invoice shall contain the name of the alleged victim and
				the date of the alleged offense.
3.1.8. Reimbursement from the Fund is limited
				to $1000.00 for the cost of a forensic medical examination or, when that sum
				appears to be less than all reasonable, customary, and usual costs of the
				forensic medical examination, a greater sum determined by resolution of the
				Executive Counsel of the West Virginia Prosecuting Attorneys Institute after
				consultation with providers and consideration of the limits of available
				funding. A licensed medical facility may not bill the alleged victim, or the
				alleged victim's insurance company, of an alleged violation for costs of a
				forensic medical examination.