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