W. Va. Code R. § 149-11-2

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 149-11-2 - Definitions

2.1. "Acute" means within 96 hours of a sexual offense as defined subsection 2.19.

2.2. "Advanced practice registered nurse" or "APRN" has the meaning ascribed in W. Va. Code §30-7-1et seq.

2.3. "Alcohol-facilitated sexual offense" means the use of any alcoholic beverage in the commission of a sexual offense.

2.4. "Drug-facilitated sexual offense" means the use of a chemical submissive agent in the commission of a sexual offense that produces relaxant effects, blackouts, coma, impaired judgment, or loss of coordination.

2.5. "Health care professional" means a physician, a physician assistant, a sexual assault forensic examiner, an APRN, a registered professional nurse, a licensed practical nurse, or a sexual assault nurse examiner.

2.6. "Health care facility" means a publicly or privately owned facility, agency or entity that offers or provides health services, whether a for-profit or nonprofit entity and whether or not licensed, or required to be licensed, in whole or in part.

2.7. "Hospital" means a facility licensed pursuant to the provisions of W. Va. Code §16-5B-1et seq. that primarily provides inpatient diagnostic, treatment, or rehabilitative services to the injured, disabled, or sick persons under the supervision of physicians with a 24-hour emergency department.

2.8. "Licensed practical nurse" has the meaning ascribed in W. Va. Code §30-7a-1et seq.

2.9. "Medical forensic services" means health care delivered to patients within or under the care of a qualified medical provider who is trained to conduct medical forensic examinations. "Medical forensic services" includes, but is not limited to, taking a medical history, performing photo documentation, performing a physical and anogenital examination, assessing the patient for evidence collection, collecting evidence in accordance with a statewide sexual assault evidence collection program administered by the West Virginia State Police using the Sexual Assault Evidence Collection Kit, if appropriate, assessing the patient for drug-facilitated or alcohol-facilitated sexual offense, and appropriate discharge and follow-up healthcare planning.

2.10. "Nonreported kit" means a kit collected from a sexual assault victim who has consented to the collection of the kit but has not consented to participation in the criminal justice process.

2.11. "Photo documentation" means digital photographs or colposcope videos stored and backed-up securely in the original file format.

2.12. "Physician" means a person licensed to practice medicine in all its branches as defined in W. Va. Code §30-3-1et seq.

2.13. "Physician assistant" has the meaning ascribed in W. Va. Code §30-3E-1et seq.

2.14. "Qualified medical provider" includes:

2.14.1. a registered professional nurse who has completed a sexual assault nurse examiner course and clinical skills session(s) approved by the SAFE Commission.

2.14.2. a physician who has completed a modified training course approved by the SAFE Commission.

2.14.3. an advanced practice registered nurse who has completed a modified training course approved by the SAFE Commission.

2.14.4. a registered professional nurse who has completed a 40-hour sexual assault nurse examiner course approved by the SAFE Commission and has access to a teleSANE.

2.15. "Registered Professional Nurse" has the meaning ascribed in W. Va. Code §30-7-1et seq.

2.16. "SAFE Commission" means the Sexual Assault Forensic Examination Commission created by W. Va. Code §15-9B-1et seq.

2.17. "Sexual Assault Evidence Collection Kit" or "SAECK" or "kit" means a set of materials, including, but not limited to, swabs and tools for collecting blood samples, clothing, or other materials used to gather forensic evidence from a sexual assault victim of an acute sexual offense and the evidence obtained with the materials.

2.18. "Sexual Assault Forensic Examiner" means an APRN or registered professional nurse who has completed a 40- hour sexual assault forensic examiner course and advanced practicum skills session(s) approved by the SAFE Commission.

2.19. "Sexual offense" means any offense or attempted offense in the jurisdiction of the state in which a Sexual Assault Evidence Collection Kit is collected, including, but not limited to, the following code sections:

2.19.1. W. Va. Code §61-8-12;

2.19.2. W. Va. Code §61-8A-2;

2.19.3. W. Va. Code §61-8A-4;

2.19.4. W. Va. Code §61-8A-5;

2.19.5. Any offenses listed in W. Va. Code §61-8B-1et seq.;

2.19.6. Any offenses listed in W. Va. Code §61-8C-1et seq.; and

2.19.7. Any offenses listed in W. Va. Code §61-8D-1et seq.

2.20. "Sexual assault nurse examiner" or "SANE" means an APRN or registered professional nurse who has completed a 40- hour sexual assault nurse examiner course and advanced practicum skills session(s) approved by the SAFE Commission.

2.21. "Sexual assault victim" or "victim" means a person who presents for medical forensic services in relation to injuries or trauma resulting from a sexual offense.

2.22. "teleSANE" means certified sexual assault nurse examiner with documented expertise who provides forensic exam guidance through telehealth technology and is an approved provider by the SAFE Commission.

W. Va. Code R. § 149-11-2