Chapter 109:7-1 Medical Examination of Victim of Sexual Assault

109:7-1-01 Sexual assault examination protocol.

(A) When conducting a medical examination of a victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution, a hospital, children's advocacy center, or other emergency medical facility shall follow the protocol designated in this rule and shall only use a sexual assault evidence collection kit that meets that protocol in order to qualify for payment from the reparations fund established pursuant section 2743.191 of the Revised Code. The protocol shall be as follows:

(1) For victims other than children, the hospital or other emergency medical facility shall follow the protocol adopted by the Ohio department of health.

(2) For victims who are children, the hospital, children's advocacy center, or other emergency medical facility shall follow the protocol adopted by the committee on child abuse and neglect of the Ohio chapter of the American academy of pediatrics.

(B) When a hospital, children's advocacy center, or other emergency medical facility provides an HIV post-exposure prophylaxis treatment as part of the examination under this section it shall be administered in accordance with the centers for disease control and prevention's "Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV."

Replaces: 109:7-1-01

Effective: 7/24/2017
Five Year Review (FYR) Dates: 07/24/2022
Promulgated Under: 119.03
Statutory Authority: 2907.28
Rule Amplifies: 2907.28
Prior Effective Dates: 8/10/00, 12/11/05, 5/12/16

109:7-1-02 Sexual assault examination payment amount.

A hospital, children's advocacy center, or other emergency medical facility shall accept a flat fee payment of:

(A) Six hundred thirty-two dollars as payment in full for any cost incurred in conducting a medical examination and test of a victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution of a person, including the cost of any antibiotics administered as part of the examination.

(B) A hospital, children's advocacy center, or other emergency medical facility shall accept payment of the actual amount billed; not to exceed twenty-five hundred dollars, as payment in full for any cost incurred in administration of HIV post-exposure prophylaxis protocol in rule 109:7-1-01 of the Administrative Code.

(C) The attorney general may increase either payment amount for inflation by a reasonable percentage according to the consumer price index (all urban consumers, all items) prepared by the bureau of labor statistics of the United States department of labor.

Replaces: 109:7-1-01

Effective: 7/24/2017
Five Year Review (FYR) Dates: 07/24/2022
Promulgated Under: 119.03
Statutory Authority: 2907.28
Rule Amplifies: 2907.28
Prior Effective Dates: 12/11/05, 8/10/00, 5/12/16

109:7-1-03 Definitions.

As used in division 109:7 of the Administrative Code, unless otherwise stated:

(A) "Administrative costs" means expenses incurred in managing the rape crisis trust fund. Administrative expenses include, but are not limited to, salaries, benefits, and other expenses incurred in the course of operating the fund.

(B) "Rape crisis program" means any of the following:

(1) The nonprofit state sexual assault coalition designated by the center for injury prevention and control of the federal centers for disease control and prevention;

(2) A victim witness assistance program operated by a prosecuting attorney; or

(3) A program operated by a government-based or nonprofit entity that provides a full continuum of services to victims of sexual assault, including hotlines, victim advocacy, and support services from the onset of the need for services through the completion of healing, that does not provide medical services, and that may refer victims to physicians for medical care but does not engage in or refer for services for which the use of genetic services funds is prohibited by section 3701.511 of the Revised Code.

(C) "Rape crisis trust fund" means the fund created in the state treasury, consisting of money paid into the fund pursuant to sections 307.515 and 311.172 of the Revised Code and any money appropriated to the fund by the general assembly or donated to the fund.

(D) "Sexual assault" means any of the following:

(1) A violation of section 2907.02, 2907.03, 2907.04, 2907.05, or former section 2907.12 of the Revised Code;

(2) A violation of an existing or former municipal ordinance or law of this or any other state of the United States that is or was substantially equivalent to any section listed in paragraph (D)(1) of this rule.

(E) "AIDS" means the illness designated as acquired immunodeficiency syndrome.

(F) "HIV" means the human immunodeficiency virus identified as the causative agent of AIDS.

(G) "HIV post-exposure prophylaxis" means the administration of medicines to prevent AIDS or HIV infection following exposure to HIV.

Replaces: 109:7-1-03

Effective: 7/24/2017
Five Year Review (FYR) Dates: 07/24/2022
Promulgated Under: 119.03
Statutory Authority: 307.515, 311.172, 109.921
Rule Amplifies: 307.515, 311.172, 109.921
Prior Effective Dates: 12/16/2013, 5/12/16

109:7-1-04 Procedures for programs to request funding from the rape crisis trust fund program.

(A) A rape crisis program that wishes to obtain funding from the rape crisis trust fund shall complete the application established by the attorney general, found on the attorney general's website at www.OhioAttorneyGeneral.gov/RCTFapplication. The attorney general shall approve or disapprove programs for funding, and approve or disapprove the disbursement of money from the rape crisis trust fund.

(B) Any applications for funding from the rape crisis trust fund shall be submitted to the attorney general by the date required in the application and shall comply with all procedures outlined in the grant application.

(C) To be eligible for funds from the rape crisis trust fund program, an applicant must submit:

(1) Proof of rape crisis program status;

(2) A statement of purpose regarding use of the funds;

(3) A budget;

(4) A fully completed application as determined by the Attorney General; and

(5) Any other information as required.

(D) The attorney general may award funds from the rape crisis trust fund to a rape crisis program that meets the criteria set forth in paragraph (C) of this rule and submits a proposal for one or more of the following purposes:

(1) If the program is the nonprofit state sexual assault coalition, to provide training and technical assistance to service providers;

(2) If the program is a victim witness assistance program, to provide victims of sexual assault with hotlines, victim advocacy, or support services;

(3) If the program is a government-based or nonprofit entity that provides a full continuum of services to victims of sexual assault, to provide those services and education to prevent sexual assault.

(E) The attorney general shall use the money in the rape crisis trust fund in the following manner:

(1) Five per cent administrative costs shall be assessed against the balance of the fund on an annual basis.

(2) The balance of the fund shall be dispersed to programs as awarded by the attorney general.

(F) The organization certifies that it does not provide medical services, or engage in or refer for services, for which the use of genetic service funds is prohibited by section 3701.511 of the Revised Code: "None of the funds appropriated to administer the programs authorized by sections 3701.501 and 3701.502 of the Revised Code shall be used to counsel or refer for abortion, except in the case of a medical emergency."

Effective: 12/16/2013
R.C. 119.032 review dates: 12/16/2018
Promulgated Under: 119.03
Statutory Authority: 307.515, 311.172, 109.921
Rule Amplifies: 307.515, 311.172, 109.921

109:7-1-05 Food services disbursement for summit and medina county battered women's shelter.

For the purpose of Food Services, The Battered Women's Shelter of Summit and Medina County, shall directly receive an annual disbursement of fifty thousand dollars ($50, 000.00 ) from the Rape Crisis Trust Fund pursuant to sections 307.515 and 311.172 of the Revised Code for the 2017 and 2018 fiscal years.

(A) The disbursement may be used for:

1. The purchase of "food" as defined under Ohio Uniform Food Safety Code 3717-1-01(B)(42) as well as Ohio Revised Code 3717.01(B).

2. The purchase of "beverages" as defined under Ohio Uniform Safety Code 3717-1-01(B)(9)and(30).

(B) The food and beverages purchased by the disbursement shall be for the nutritional benefit of those person(s) residing in, or taking shelter with in, or otherwise receiving assistance from, The Battered Women's Shelter of Summit and Medina County.

(C) The food and beverages purchased by the disbursement, or any food and beverages served in combination with food and beverages purchased using the disbursement, shall be free of charge to those person(s) residing in, or taking shelter with in, or otherwise receiving assistance from, The Battered Women's Shelter of Summit and Medina County.

(D) Prior to the disbursement, The Battered Women's Shelter of Summit and Medina County shall submit for approval, the necessary documentation:

(1) A completed Rape Crisis Fund - Application for Disbursement.

(2) A budget and supporting narrative detailing in what way the funds will be used, with specific dollar values or percentages of the award amount.

(E) Compliance on the part of The Battered Women's Shelter of Summit and Medina County.

(1) The Battered Women's Shelter of Summit and Medina County must comply with all Food Services standards, codes, statutes, and ordinances applicable to the purchase, storing, preparation, and delivery of the food(s) and beverage(s) purchased by, or in combination with, the disbursement.

(2) The Battered Women's Shelter of Summit and Medina County must keep and maintain all records in relation to the receipt and use of the funds received for a minimum of five (5) years.

(3) The Battered Women's Shelter of Summit and Medina County shall make the records noted in section III (B) available to The Ohio Attorney General upon request for the purpose of routine audit, or in any other manner required to uphold the security of the Rape Crisis Trust Fund or for public transparency.

(4) The Battered Women's Shelter of Summit and Medina County shall ensure that, upon request, a food and beverage option will be made available to those with specific religious or medical food restrictions.

(F) The Battered Women's Shelter of Summit and Medina County shall not use the fund for purposes including but not limited to;

(1) Lobbying activities;

(2) Grant making without prior approval;

(3) Executive bonuses;

(4) Perpetrator rehabilitation and counseling;

(5) Fundraising activities.

Effective: 2/4/2018
Five Year Review (FYR) Dates: 02/04/2023
Promulgated Under: 119.03
Statutory Authority: 109.46(B)(2)
Rule Amplifies: 307.515, 311.172, 109.921

109:7-1-06 Definitions.

As used in division 109:7 of the Administrative Code, unless otherwise stated:

(A) "Rape Crisis Trust Fund" means the fund created in the state treasury, consisting of money paid into the fund pursuant to sections 307.515 and 311.172 of the Revised Code and any money appropriated to the fund by the general assembly or donated to the fund.

(B) "Battered Women's Shelter of Summit and Medina County" means specifically the shelter as well as the commercial kitchen facility located at 974 East Market street, Akron, Ohio.

(C) "Rape Crisis Program" means any of the following:

(1) The nonprofit state sexual assault coalition designated by the center for injury prevention and control of the federal centers for disease control and prevention;

(2) A victim witness assistance program operated by a prosecuting attorney; or

(3) A program operated by a government-based or nonprofit entity that provides a full continuum of services to victims of sexual assault, including hotlines, victim advocacy, and support services from the onset of the need for services through the completion of healing, that does not provide medical services, and that may refer victims to physicians for medical care but does not engage in or refer for services for which the use of genetic services funds is prohibited by section 3701.511 of the Revised Code.

Effective: 3/22/2018
Five Year Review (FYR) Dates: 03/22/2023
Promulgated Under: 119.03
Statutory Authority: 109.46(B)(2)
Rule Amplifies: 307.515, 311.172, 109.921