Title: Section 722.9 - Treatment of Patients

Section 722.9 Treatment of patients.

(a) Absent exigent circumstances or unless the patient does not disclose a sexual assault at the time of triage, the Sexual Assault Forensic Examiner shall meet the patient within sixty minutes of the patient’s arrival at the hospital. Should circumstances beyond the hospital's control prevent the hospital from meeting this standard, the hospital shall ensure that the patient receives the same care and services that are provided to all such patients in accordance with all applicable State and Federal laws, regulations and generally accepted standards, including but not limited to:

(1) Public Health Law section 2805-i. Treatment of sexual offense patients and maintenance of evidence in a sexual offense;

(2) Subdivision (c) of section 405.9 of this Title. Establishment of hospital protocols and maintenance of sexual offense evidence;

(3) The Sexual Assault Reform Act (SARA), Chapter 1 of the Laws of 2000; and

(4) Generally accepted standards for the treatment of sexual assault victims such as:

(i) the DOH guidance,

HIV Prophylaxis Following Sexual Assault: Guidelines for Adults and Adolescents;

and

(ii) the DOH

Protocol for the Acute Care of the Adult Patient Reporting Sexual Assault

(as currently posted on the DOH website at www.health.state.ny.us/nysdoh/sexual_assault/index.htm).