Chapter 109:7-1 Medical Examination of Victim of Sexual Assault
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 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.
A hospital, children's advocacy center, or other emergency medical facility shall accept a flat fee payment of 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.
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.
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:
(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.
Five Year Review (FYR) Dates: 02/03/2016 and 05/12/2017
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
(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."
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 possible prosecution, the cost of HIV post-exposure prophylaxis provided as a part of an examination may be eligible for payment from the reparations fund established pursuant to section 2743.191 of the Revised Code.
The reimbursement for HIV post-exposure prophylaxis shall be the actual amount billed and shall not exceed the following limits:
(A) Five (5) day supply of HIV prophylaxis medication not to exceed four hundred eighty-two dollars.
(B) Laboratory testing not to exceed four hundred fifty-two dollars.