§ 24 §2986 — Performing forensic examinations for victims of sexual assault

1.
Standard forensic examination kit.
All licensed hospitals and licensed health care practitioners shall use a standard forensic examination kit developed and furnished by the Department of Public Safety pursuant to Title 25, section 2915 to perform forensic examinations for victims of sexual assault. For the purposes of this section, "sexual assault" means any crime enumerated in Title 17‑A, chapter 11.
2.
Victims' Compensation Board billing.
All licensed hospitals and licensed health care practitioners that perform forensic examinations for victims of sexual assault shall submit a bill to the Victims' Compensation Board directly for payment of the forensic examinations. The Victims' Compensation Board shall determine what a forensic examination includes pursuant to Title 5, section 3360‑M. The hospital or health care practitioner that performs a forensic examination shall take steps necessary to ensure the confidentiality of the victim's identity. The bill submitted by the hospital or health care practitioner may not identify the victim by name but must be assigned a tracking number assigned by the manufacturer of the forensic examination kit. The Victims' Compensation Board shall pay the actual cost of the forensic examination up to a maximum of $750. Licensed hospitals and licensed health care practitioners that perform forensic examinations for victims of sexual assault may not bill the victim or the victim's insurer, nonprofit hospital or medical service organization or health maintenance organization for payment for the examination.
3.
Completed kit.
If the victim has not reported the alleged offense to a law enforcement agency when the examination is complete, the hospital or health care practitioner shall then notify the nearest law enforcement agency, which shall transport and store the completed forensic examination kit for 8 years. The completed kit may be identified only by the tracking number. If during that storage period a victim decides to report the alleged offense to a law enforcement agency, the victim may contact the hospital or health care practitioner to determine the tracking number. The hospital or health care practitioner shall provide the victim with the tracking number on the forensic examination kit and shall inform the victim which law enforcement agency is storing the kit.
4.
Other payment.
A licensed hospital or licensed health care practitioner is not precluded from seeking other payment for treatment or services provided to a victim that are outside the scope of the forensic examination.
5.
Implied consent.
If a victim of sexual assault is unconscious and a reasonable person would conclude that exigent circumstances justify conducting a forensic examination, a licensed hospital or licensed health care practitioner may perform an examination in accordance with the provisions of this section.
6.
Liability.
A licensed hospital or licensed health care practitioner in the exercise of due care is not liable for an act done or omitted in performing a sexual assault forensic examination under this section.

Legislative History

PL 1999, c. 719, §2 (NEW). PL 1999, c. 719, §11 (AFF). PL 2005, c. 538, §§1,2 (AMD). PL 2011, c. 59, §1 (AMD). PL 2011, c. 420, Pt. A, §21 (AMD). PL 2017, c. 156, §2 (AMD). PL 2019, c. 94, §1 (AMD). PL 2025, c. 109, §3 (AMD).