SENATE, No. 2244
STATE OF NEW JERSEY
208th LEGISLATURE
INTRODUCED DECEMBER 6, 1999
Sponsored by:
Senator DIANE ALLEN
District 7 (Burlington and Camden)
Senator ROBERT E. LITTELL
District 24 (Sussex, Hunterdon and Morris)
SYNOPSIS
Establishes a Statewide Sexual Assault Nurse Examiner Program; appropriates $1,130,000.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a Statewide Sexual Assault Nurse Examiner Program, supplementing Title 52 of the Revised Statutes, repealing P.L.1997, c. 328 and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that the Sexual Assault Nurse Examiner program, established pursuant to P.L.1997, c.328, has been successful in ensuring more timely and accurate collection of forensic evidence for use in prosecuting suspected rapists and in creating a compassionate way to treat sexual assault victims, and it is important to establish the program throughout the State of New Jersey.
2. There is established a Statewide Sexual Assault Nurse Examiner program in the Office of the Attorney General in the Department of Law and Public Safety.
Upon implementation of the certification process for a forensic sexual assault nurse examiner pursuant to section 4 of this act, the county prosecutor in each county shall appoint or designate a certified forensic sexual assault nurse examiner to serve as program coordinator for the program in the county, pursuant to this section.
a. The county prosecutor may appoint an employee of the prosecutor's office to serve as program coordinator to administer the program in that county.
b. In a county where the county prosecutor does not appoint an employee of his office to serve as program coordinator, the county prosecutor shall designate an employee of a licensed health care facility to serve as the program coordinator. A person designated as a program coordinator pursuant to this subsection shall not be deemed an employee of the county prosecutor's office.
3. The program coordinator shall:
a. Perform forensic sexual assault examinations on victims of sexual assault who are 13 years of age and older, in accordance with standards developed by the Attorney General;
b. Designate one or more licensed physicians or certified forensic sexual assault nurse examiners to perform forensic sexual assault examinations on victims of sexual assault who are 13 years of age and older, in accordance with standards developed by the Attorney General;
c. Develop and implement standardized guidelines for forensic sexual assault examinations performed by designated physicians or certified forensic sexual assault nurse examiners in the county;
d. Establish, in cooperation with licensed health care facilities, private waiting rooms and areas designated solely for forensic sexual assault examinations in the licensed health care facilities participating in the program;
e. Develop, in cooperation with licensed health care facilities, protocols for the collection of forensic evidence using coloposcopes and Wood's lamps and the storage of forensic evidence for up to 90 days;
f. Provide appropriate services to victims of sexual assault, including the opportunity to tend to personal hygiene needs and to obtain fresh clothing, as appropriate; and
g. Participate in regular meetings of the Sexual Assault Nurse Examiner Program Coordinating Council established pursuant to section 5 of this act.
4. The Attorney General, in consultation with the New Jersey Board of Nursing, shall establish a certification process for a forensic sexual assault nurse examiner.
a. An applicant for certification as a forensic sexual assault nurse examiner shall be a registered professional nurse licensed in the State in good standing with the New Jersey Board of Nursing and shall have the following qualifications:
(1) A minimum of two years' nursing experience in the State;
(2) Certification verifying the completion of a forensic sexual assault nurse examiner training program approved by the Attorney General; and
(3) The ability to demonstrate clinical competence in performing a forensic sexual assault examination.
b. The Attorney General shall certify an applicant who meets the requirements of subsection a. of this section as a certified forensic sexual assault nurse examiner.
c. The Attorney General, in consultation with the New Jersey Board of Nursing, shall oversee the administration and development of curriculum, instructor qualifications and regulations necessary to implement the certification process.
5. a. The Attorney General shall establish a Sexual Assault Nurse Examiner Program Coordinating Council comprised of: the Attorney General or his designee, the Director of the Division on Women in the Department of Community Affairs or his designee and the program coordinators appointed or designated pursuant to section 2 of this act. The Attorney General, in consultation with the coordinating council, shall identify and obtain any State and federal funding available to supplement the funds appropriated to operate the program.
b. The coordinating council shall oversee the Statewide Sexual Assault Nurse Examiner program and make recommendations to the Attorney General concerning the administration of the program in each county.
6. a. A designated certified forensic sexual assault nurse examiner, and a designated licensed physician shall be immune from civil and criminal liability in the performance of the nurse examiner's or physician's duties when acting in response to a request from a law enforcement agency or a program coordinator to perform a forensic sexual assault examination pursuant to the provisions of this act, if the skills and care exercised by the forensic sexual assault nurse examiner or the licensed physician during the examination are those ordinarily exercised by others in the nursing and medical profession, respectively.
b. A licensed health care facility in which a forensic sexual assault examination is performed pursuant to this act shall be immune from civil and criminal liability in the performance of the examination when acting in response to a request from a law enforcement agency or a program coordinator if the care exercised by the licensed health care facility during the examination is that ordinarily exercised by a licensed health care facility.
7. There is appropriated $1,130,000 from the General Fund to the Department of Law and Public Safety to fund the program coordinator positions in each county.
8. The Attorney General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
9. P.L.1997, c.328 is repealed.
10. This act shall take effect immediately.
STATEMENT
This bill establishes a Statewide Sexual Assault Nurse Examiner program (SSANE) in the Office of the Attorney General. The SSANE program shall ensure more timely and accurate collection of forensic evidence for use in prosecuting suspected rapists and create a compassionate way to treat sexual assault victims.
Specifically, upon the implementation of the certification process for a forensic sexual assault nurse examiner, the bill requires the county prosecutor in each county to appoint or designate a certified forensic sexual assault nurse examiner to serve as a program coordinator to administer the SSANE program in the county. The county prosecutor may appoint an employee of his office to serve as program coordinator or designate an employee of a licensed health care facility to serve as the county's program coordinator.
Under the provisions of the bill, the program coordinator shall:
The bill requires the Attorney General, in consultation with the New Jersey Board of Nursing, to establish a certification process for forensic sexual assault nurse examiners. An applicant for certification as a forensic sexual assault nurse examiner shall be a State licensed, registered professional nurse who has a minimum of two years nursing experience in the State, certification verifying the completion of a forensic sexual assault nurse examiner training program approved by the Attorney General, and the ability to demonstrate clinical competence in performing a forensic sexual assault examination. The Attorney General shall certify an applicant who meets the requirements of the certification process as a certified forensic sexual assault nurse examiner and, in consulation with the New Jersey Board of Nursing, oversee the administration and development of curriculum, instructor qualifications and regulations necessary to implement the certification process.
The bill also requires the Attorney General to establish the Sexual Assault Nurse Examiner Program Coordinating Council comprised of the Attorney General or his designee, the Director of the Division on Women in the Department of Community Affairs or his designee and the program coordinators from each county. The coordinating council shall oversee the SSANE program and make recommendations to the Attorney General on the administration of the program in each county.
The bill provides civil and criminal immunity to forensic sexual assault nurse examiners, licensed physicians and licensed health care facilities in which a forensic sexual assault examination is performed, when acting in response to a request from a law enforcement agency or a program coordinator to perform an examination pursuant to the provisions of the bill.
The bill also repeals P.L.1997, c.328 which established the Sexual Assault Nurse Examiner Program in Monmouth County since this bill establishes a Statewide program.
The bill also directs the Attorney General to adopt rules and regulations necessary to effectuate the purposes of the bill.
Finally, the bill appropriates $1,130,000 from the General Fund to the Department of Law and Public Safety to fund the program coordinator positions in each county.