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

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

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, including the cost of any antibiotics administered as part of the examination, 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 to section 2743.191 of the Revised Code. The protocol shall be as follows:

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

(B) 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.

Effective: 12/11/2005

R.C. 119.032 review dates: 09/22/2005 and 12/01/2010

Promulgated Under: 119.03

Statutory Authority: 2907.28

Rule Amplifies: 2907.28

Prior Effective Dates: 8/10/00

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 five hundred 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.

The attorney general may increase the 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.