                                 CODE OF VIRGINIA

TREATMENT SERVICES (§ 32.1-162.15:4)

A. The Board shall adopt regulations to establish standards for review and
approval of sexual assault patient treatment plans, which shall include
provisions for the following services, when ordered by a health care provider
and with the consent of the sexual assault patient:

   1. Appropriate medical forensic examination;

   2. Appropriate oral and written information concerning the possibility of
   infection or sexually transmitted disease, including human immunodeficiency
   virus (HIV) resulting from the sexual assault, accepted medical procedures and
   medications for the prevention or treatment of such infection or sexually
   transmitted disease, and the indications, contraindications, and potential
   risks of such medical procedures or medications;

   3. Appropriate evaluations to determine the sexual assault patient&#8217;s
   risk of infection or sexually transmitted disease, including HIV, resulting
   from the sexual assault;

   4. Appropriate oral and written information regarding the possibility of
   pregnancy resulting from the sexual assault and medically and factually
   accurate oral and written information about emergency contraception, the
   indications and contraindications and potential risks associated with the use
   of emergency contraception, and the availability of emergency contraception
   for sexual assault patients;

   5. Prescriptions of such medications as may be appropriate for treatment of
   the sexual assault patient both during treatment at the hospital and upon
   discharge, including, in cases in which prophylactic treatment for infection
   with HIV is deemed appropriate, an initial dose or all required doses of HIV
   prophylaxis;

   6. Oral and written information regarding the need for follow-up care,
   including examinations and laboratory tests to determine the presence or
   absence of sexually transmitted infection or disease and follow-up care
   related to HIV prophylaxis;

   7. Policies and procedures for referral and connection to hospital-based,
   community-based, or statewide advocacy services for sexual assault patients
   and their families when available; and

   8. Referral for appropriate counseling and other support services based on
   availability of services.

B. All appropriate sexual assault patient treatment services shall be provided
without delay in a private location and in an age-appropriate or developmentally
appropriate manner.

C. Medical forensic examinations provided pursuant to a sexual assault patient
treatment plan approved by the Board shall include an offer to complete a
physical evidence recovery kit. Every treatment hospital for which a sexual
assault patient treatment plan has been approved by the Department shall report
to the Department by December 1 of each year:

   1. The total number of patients to whom a medical forensic examination was
   provided; and

   2. The total number of physical evidence recovery kits offered and completed.

D. Every treatment hospital shall adopt procedures to ensure compliance with
mandatory reporting requirements pursuant to &#xA7;&#xA7; 63.2-1509 and
63.2-1606.
			Records of services provided to sexual assault patients, including the
results of any examination or laboratory test conducted pursuant to subsection
A, shall be maintained by the treatment hospital and made available to law
enforcement upon request of the sexual assault patient. Records of services
provided to sexual assault patients 18 years of age and older shall be
maintained by the hospital for a period of 20 years from the date the record was
created. Records of services provided to sexual assault patients under 18 years
of age shall be maintained for a period of 20 years after the date on which the
sexual assault patient reaches 18 years of age.

E. Every treatment hospital, including every treatment hospital with an approved
pediatric sexual assault patient plan, shall include in its sexual assault
patient treatment plan provisions requiring appropriate health care providers
who provide services in the hospital&#8217;s emergency department to annually
complete training developed and made available by the Department on the topic of
sexual assault, detection of sexual assault, provision of services for sexual
assault patients, and collection of evidence in cases involving alleged sexual
assault. Such training shall be consistent with best practices outlined by the
International Association of Forensic Nurses.

HISTORY: 2020, c. 725; 2025, cc. 480, 491.