Md. Code Regs. 10.27.21.04

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.27.21.04 - Scope and Standards of Practice

A. An RN-FNE may perform the following tasks and functions with respect to the age group for which the RN-FNE is certified under Regulation .03 of this chapter:

(1) Perform forensic evidentiary examinations on victims and alleged perpetrators in connection with physical, sexual, or domestic assaults, whether chronic or acute;

(2) Before the forensic evidentiary examination, obtain consent from the individual being examined, from the parent or guardian of a minor individual, or from the proper authority for photographing and evidence collection;

(3) Prepare and document the assault history interview;

(4) Perform the forensic evidentiary physical assessment, which may include use of an ALS;

(5) Complete the physical evidence kit provided by law enforcement;

(6) Gather, preserve, handle, document, and label forensic evidence, including but not limited to:

(a) Labeling evidence collection containers with the patient's identifying data per local jurisdiction requirements;

(b) Placing evidence in the evidence collection container and sealing the container;

(c) Signing the evidence collection container as the collector of the evidence;

(d) Taking photographs; and

(e) Obtaining swabs, smears, and hair and body fluid samples;

(7) Maintain the chain of custody;

(8) Provide immediate health interventions using clinical practice guidelines;

(9) Obtain consultations and make referrals to health care personnel and community agencies;

(10) Provide immediate crisis intervention at the time of the examination;

(11) Provide discharge instructions;

(12) Participate in forensic proceedings including courtroom testimony;

(13) Interface with law enforcement officials, crime labs, and State attorney's offices; and

(14) Assist the licensed physician in performing a forensic evidentiary examination.

B. Clinical Practice Guidelines. An RN-FNE may practice only in a clinical setting in which clinical policy and practice guidelines:

(1) Have been approved by the facility's medical and nursing departments;

(2) Designate the availability of qualified physician resources;

(3) Identify the department in which an RN-FNE shall function; and

(4) Designate a program coordinator who has experience in forensic evidentiary examinations to administer the RN-FNE training program.

C. The program coordinator:

(1) Is responsible for obtaining Board approval of the curriculum before conducting a training program;

(2) Has responsibility for oversight and administration of the facility's RN-FNE training program and the practice of the facility's RN-FNEs;

(3) Verifies the qualifications and certifications of any RN-FNE practicing in the facility;

(4) Administers and manages the RN-FNE practice;

(5) Approves practice protocols and standards of care for RN-FNE practice;

(6) Shall develop a peer review process that includes, but is not limited to:

(a) Coordinating the peer review of cases;

(b) Ensuring that the peer review is consistent with the standardized data collection process;

(c) Ensuring that a peer reviewer meets the qualifications in Regulation .05 of this chapter; and

(d) Using the standardized form for peer review that is required by the Board;

(7) Interfaces with law enforcement, the State's attorney, and community resource groups;

(8) Implements the facility's Board-approved RN-FNE curricula; and

(9) Facilitates reimbursement for RN-FNE services by cooperating with the facility's billing department and interacting with the State reimbursement system.

D. An RN-FNE shall comply with all State and federal statutes and regulations related to the RN-FNE practice.

Md. Code Regs. 10.27.21.04

Regulations .04 adopted effective April 28, 2003 (30:8 Md. R. 542); amended effective 44:4 Md. R. 254, eff. 2/27/2017