Skip to main content
Find a Lawyer

Kentucky Revised Statutes Title XVIII. Public Health § 216B.400.Emergency care; examination services for victims of sexual offenses; training for emergency medical services staff on sexual assault emergency response; content of training; examination expenses paid by Crime Victims Compensation Board; reporting to law enforcement; examination samples as evidence

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Where a person has been determined to be in need of emergency care by any person with admitting authority, the person shall not be denied admission by reason only of his or her inability to pay for services to be rendered by the hospital.

(2) A hospital that offers emergency services shall provide that a physician, a sexual assault nurse examiner, who shall be a registered nurse licensed in the Commonwealth and credentialed by the Kentucky Board of Nursing as provided under KRS 314.142, or another qualified medical professional, as defined by administrative regulation promulgated by the Justice and Public Safety Cabinet in consultation with the Sexual Assault Response Team Advisory Committee as defined in KRS 403.707, is available on call twenty-four (24) hours each day for the examinations of persons seeking treatment as victims of sexual offenses as defined by KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, 510.130, 510.140, 530.020, 530.064(1)(a), and 531.310.

(3)(a) A hospital that offers emergency services shall provide mandatory training for all emergency medical services staff on sexual assault emergency response requirements, protocols, and resources.

(b) The training curriculum shall be developed in collaboration with the members of the Sexual Assault Response Team Advisory Committee appointed pursuant to KRS 403.707 and shall include but not be limited to the following:

1. Instruction on the provisions of:

a. KRS 49.270 to 49.490 relating to crime victims' compensation coverage and reimbursement and any related administrative regulations promulgated by the Public Protection Cabinet;

b. KRS 214.185 relating to the diagnosis and treatment of disease, addictions, or other conditions of a minor;

c. KRS 216B.015 relating to the definition of a sexual assault examination facility;

d. KRS 216B.140 relating to medical and diagnostic services for minor victims of sexual violence;

e. This section relating to hospital duties to victims of sexual violence and victims' rights and related administrative regulations promulgated by the Cabinet for Health and Family Services;

f. KRS 216B.401 relating to SANE-ready hospitals that have sexual assault nurse examiner available on call twenty-four (24) hours a day;

g. Administrative regulations promulgated by the Justice and Public Safety Cabinet relating to protocols for sexual assault forensic exams and storage of sexual assault forensic exam kits; and

h. Administrative regulations promulgated by the Kentucky Board of Nursing relating to sexual assault nurse examiner credentialing and standards;

2. An overview of:

a. The Kentucky Medical Protocol for Child Sexual Assault/Abuse Evaluation;

b. Resources related to sexual assault available from the Kentucky Hospital Association; and

c. The Kentucky State Police sexual assault forensic examination (SAFE) kit tracking portal; and

3. Instruction on:

a. Forensic evidence collection provided by a credentialed sexual assault nurse examiner and a board-certified child abuse pediatrician or designee; and

b. Services provided by a rape crisis center and a children's advocacy center.

(4) An examination provided in accordance with this section of a victim of a sexual offense may be performed in a sexual assault examination facility as defined in KRS 216B.015. An examination under this section shall apply only to an examination of a victim.

(5) The physician, sexual assault nurse examiner, or other qualified medical professional, acting under a statewide medical forensic protocol which shall be developed by the Justice and Public Safety Cabinet in consultation with the Sexual Assault Response Team Advisory Committee as defined in KRS 403.707, and promulgated by the secretary of justice and public safety pursuant to KRS Chapter 13A shall, upon the request of any peace officer or prosecuting attorney, and with the consent of the victim, or upon the request of the victim, examine the victim for the purposes of providing basic medical care relating to the incident and gathering samples that may be used as physical evidence. This examination shall include but not be limited to:

(a) Basic treatment and sample gathering services; and

(b) Laboratory tests, as appropriate.

(6) Each victim shall be informed of available services for treatment of sexually transmitted infections, pregnancy, and other medical and psychiatric problems. Pregnancy counseling shall not include abortion counseling or referral information.

(7) Each victim shall be informed of available crisis intervention or other mental health services provided by regional rape crisis centers providing services to victims of sexual assault.

(8) Notwithstanding any other provision of law, a minor may consent to examination under this section. This consent is not subject to disaffirmance because of minority, and consent of the parents or guardians of the minor is not required for the examination.

(9)(a) The examinations provided in accordance with this section and other services provided to a victim pursuant to subsection (10) of this section shall be paid for by the Crime Victims Compensation Board at a rate to be determined by the administrative regulation promulgated by the board after consultation with the Sexual Assault Response Team Advisory Committee as defined in KRS 403.707. Payment for services rendered pursuant to subsection (10) of this section shall be made at a rate not to exceed the Medicaid reimbursement rate for the same or similar services.

(b) Upon receipt of a completed claim form supplied by the board and an itemized billing for a forensic sexual assault examination or related services that are within the scope of practice of the respective provider and were performed no more than twelve (12) months prior to submission of the form, the board shall reimburse the hospital or sexual assault examination facility, pharmacist, health department, physician, sexual assault nurse examiner, or other qualified medical professional as provided in administrative regulations promulgated by the board pursuant to KRS Chapter 13A. Reimbursement shall be made to an out-of-state nurse who is credentialed in the other state to provide sexual assault examinations, an out-of-state hospital, or an out-of-state physician if the sexual assault occurred in Kentucky.

(c) Independent investigation by the Crime Victims Compensation Board shall not be required for payment of claims under this section; however, the board may require additional documentation or proof that the forensic medical examination was performed.

(10) When an examination of a victim of a sexual offense is provided in accordance with this section, no charge shall be made to the victim by the hospital, the sexual assault examination facility, the physician, the pharmacist, the health department, the sexual assault nurse examiner, other qualified medical professional, the victim's insurance carrier, or the Commonwealth for:

(a) Sexual assault examinations, whether or not the exam is completed;

(b) Prophylactic medical treatment;

(c) Strangulation assessments; or

(d) Other medical tests or services, including triage and ambulance expenses, related to the incident, exam, or treatment which occur on the same date as the original exam.

(11)(a) Each victim shall have the right to determine whether a report or other notification shall be made to law enforcement, except where reporting of abuse and neglect of a child or a vulnerable adult is required, as set forth in KRS 209.030 and 620.030. No victim shall be denied an examination, or billed in violation of subsection (10) of this section, because the victim chooses not to file a police report, cooperate with law enforcement, or otherwise participate in the criminal justice system.

(b) If the victim chooses to report to law enforcement, the hospital shall notify law enforcement within twenty-four (24) hours.

(c) 1. All samples collected during an exam where the victim has chosen not to immediately report to law enforcement shall be stored, released, and destroyed, if appropriate, in accordance with an administrative regulation promulgated by the Justice and Public Safety Cabinet in consultation with the Sexual Assault Response Team Advisory Committee as defined in KRS 403.707.

2. Facilities collecting samples pursuant to this section may provide the required secure storage, sample destruction, and related activities, or may enter into agreements with other agencies qualified to do so, pursuant to administrative regulation.

3. All samples collected pursuant to this section shall be stored for at least one (1) year from the date of collection in accordance with the administrative regulation promulgated pursuant to this subsection.

4. Notwithstanding KRS 524.140, samples collected during exams where the victim chose not to report immediately or file a report within one (1) year after collection may be destroyed as set forth in accordance with the administrative regulation promulgated pursuant to this subsection. The victim shall be informed of this process at the time of the examination. No hospital, sexual assault examination facility, or designated storage facility shall be liable for destruction of samples after the required storage period has expired.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Kentucky Revised Statutes Title XVIII. Public Health § 216B.400.Emergency care; examination services for victims of sexual offenses; training for emergency medical services staff on sexual assault emergency response; content of training; examination expenses paid by Crime Victims Compensation Board; reporting to law enforcement; examination samples as evidence - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xviii-public-health/ky-rev-st-sect-216b-400/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard