902 KAR 20:012.
Hospital examination services.
RELATES TO: KRS
216B.010-216B.130, 216B.400, 216B.990(1), (2), 510.010-510.140
STATUTORY
AUTHORITY: KRS 216B.042, 216B.105
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 216B.042 and 216B.105 mandate that the Kentucky
Cabinet for Human Resources regulate health facilities and health services.
This administrative regulation provides for a licensure requirement for the
services to be provided by hospitals.
Section 1.
Definition - Hospitals, General. Establishments with organized medical staffs
with permanent facilities that include inpatient beds and medical services,
including physician services and continuous nursing services, to provide
diagnosis and treatment for patients who have a variety of medical conditions,
both surgical and nonsurgical.
Section 2.
Examination Services for Victims of Sexual Offenses. (1) Hospitals offering
emergency services shall provide for the examination of reported victims of
sexual offenses as defined by KRS 510.010 to 510.140.
(2) The hospital
shall develop procedures to be followed in the examination of reported victims
of sexual offenses. The procedures shall include but need not be limited to the
following:
(a) Twenty-four
(24) hour on-call responsibility of the medical staff of physicians;
(b) The
gathering and handling of physical evidence in accordance with the procedures
of the Kentucky State Police Central Crime Laboratory;
(c) Obtaining
appropriate patient consent for examination (a minor may consent to
examination);
(d) Informing
the victim of available services for treatment of venereal disease, pregnancy,
and other medical and psychiatric problems.
(3) The hospital
shall, upon the examination of a reported victim and the consent of the
reported victim, submit to the Office of the Attorney General a completed
examination verification form supplied by the Office of the Attorney General
which includes the following:
(a) Physician
signature attesting to the performance of the examination and collection of
evidence;
(b) Hospital
verification that appropriate law enforcement agencies have been notified of
the reported sexual offense; and
(c) Hospital
verification that proper confidentiality releases have been obtained. (8 Ky.R.
36; Am. 150; eff. 8-5-81; 16 Ky.R. 957; eff. 1-12-90.)