§ 12-12-402 — Procedures governing medical treatment

(a) All licensed healthcare providers conducting medical-legal examinations in Arkansas shall adhere to the procedures set forth in this section in the event that a person presents himself or herself or is presented for treatment as a victim of rape, attempted rape, any other type of sexual assault, or incest. (b) (1) (A) Any adult victim presented for medical treatment shall make the decision of whether or not the incident will be reported to a law enforcement agency. (B) No licensed healthcare provider may require an adult victim to report the incident in order to receive medical treatment. (C) (i) Evidence will be collected only with the permission of the victim. (ii) However, permission shall not be required when the victim is unconscious, mentally incapable of consent, or intoxicated. (2) (A) Should an adult victim wish to report the incident to a law enforcement agency, the appropriate law enforcement agencies shall be contacted by the licensed healthcare provider or the victim's designee. (B) (i) The victim shall be given a medical screening examination by a qualified medical person as provided under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd , as in effect on January 1, 2001, if the victim arrives at the emergency department of a hospital, and the person shall be examined and treated and any injuries requiring medical attention will be treated in the standard manner. (ii) A medical-legal examination shall be conducted and specimens shall be collected for evidence. (C) If a law enforcement agency has been contacted and with the permission of the victim, the evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident. (c) (1) Any victim under eighteen (18) years of age shall be examined and treated, and any injuries requiring medical attention shall be treated in the standard manner. (2) A medical-legal examination shall be performed, and specimens shall be collected for evidence. (3) The reporting licensed healthcare provider shall follow the procedures set forth in Subchapter 4 of the Child Maltreatment Act, § 12-18-101 et seq., regarding the reporting of injuries to victims under eighteen (18) years of age. (4) The evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident. (d) Reimbursement for the medical-legal examinations shall be available to the licensed healthcare provider pursuant to the procedures set forth in § 12-12-403 . (e) A licensed healthcare provider shall not transfer the victim to another licensed healthcare provider unless: (1) The victim or a parent or guardian of a victim under eighteen (18) years of age requests the transfer, or a physician or other qualified medical personnel when a physician is not available has signed a certification that the benefits to the victim's health would outweigh the risks to the victim's health as a result of the transfer; and (2) The transferring licensed healthcare provider provides all necessary medical records and ensures that appropriate transportation is available.

Legislative History

Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 845,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 250,§ 4, eff. 8/1/2017. Acts 1985, No. 400, §§ 1, 2; 1985, No. 838, §§ 1, 2; A.S.A. 1947, §§ 41-1828, 41-1829; Acts 1991, No. 612, § 2; 2001, No. 993, § 2; 2009, No. 758, § 23.