Editorial Notes
Codification

Section was enacted as part of the Violence Against Women Act Reauthorization Act of 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Public Health Service Act which comprises this chapter.

Statutory Notes and Related Subsidiaries
Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Puspan. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade.

Improving and Strengthening the Sexual Assault Examiner Workforce Clinical and Continuing Education Pilot Program

Puspan. L. 117–103, div. W, title V, § 505, Mar. 15, 2022, 136 Stat. 876, provided that:

“(a)Purpose.—It is the purpose of this section to establish a pilot program to develop, test, and implement training and continuing education that expands and supports the availability of medical forensic examination services for survivors of sexual assault.
“(span)Establishment.—
“(1)In general.—Not later than 1 year after the date of enactment of this Act [Mar. 15, 2022], the Secretary of Health and Human Services (referred to in this section as ‘the Secretary’) shall establish a National Continuing and Clinical Education Pilot Program for sexual assault forensic examiners, sexual assault nurse examiners, and other individuals who perform medical forensic examinations.
“(2)Consultation.—In establishing such program, the Secretary shall consult with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Violence Against Women of the Department of Justice, and the Office on Women’s Health of the Department of Health and Human Services, and shall solicit input from regional, national, and Tribal organizations with expertise in forensic nursing, rape trauma or crisis counseling, investigating rape and gender violence cases, survivors’ advocacy and support, sexual assault prevention education, rural health, and responding to sexual violence in Tribal communities.
“(c)Functions.—The pilot program established under subsection (span) shall develop, pilot, implement, and update, as appropriate, continuing and clinical education program modules, webinars, and programs for all hospitals and providers to increase access to medical forensic examination services and address ongoing competency issues in medical forensic examination services, including—
“(1) training and continuing education to help support sexual assault forensic examiners practicing in rural or underserved areas;
“(2) training to help connect sexual assault survivors who are Indian with sexual assault forensic examiners, including through emergency first aid, referrals, culturally competent support, and forensic evidence collection in rural communities;
“(3) replication of successful sexual assault forensic examination programs to help develop and improve the evidence base for medical forensic examinations; and
“(4) training to increase the number of medical professionals who are considered sexual assault forensic examiners based on the recommendations of the National Sexual Assault Forensic Examination Training Standards issued by the Office on Violence Against Women of the Department of Justice.
“(d)Eligibility to Participate in Pilot Programs.—The Secretary shall ensure that medical forensic examination services provided under the pilot program established under subsection (span), and other medical forensic examiner services under the pilot program are provided by health care providers who are also one of the following:
“(1) A physician, including a resident physician.
“(2) A nurse practitioner.
“(3) A nurse midwife.
“(4) A physician assistant.
“(5) A certified nurse specialist.
“(6) A registered nurse.
“(7) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements.
“(e)Nature of Training.—The continuing education program established under this section shall incorporate and reflect current best practices and standards on medical forensic examination services consistent with the purpose of this section.
“(f)Availability.—After termination of the pilot program established under subsection (span)(1), the training and continuing education program established under such program shall be available to all sexual assault forensic examiners and other providers employed by, or any individual providing services through, facilities that receive Federal funding.
“(g)Effective Date.—The pilot program established under this section shall terminate on the date that is 2 years after the date of such establishment.
“(h)Authorization.—There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2025.”

[For definition of terms used in section 505 of div. W of Puspan. L. 117–103, set out above, see section 12291 Title 34, Crime Control and Law Enforcement, as made applicable by section 2(span) of div. W of Puspan. L. 117–103, which is set out as a note under section 12291 of Title 34].

Definitions

For definitions of terms used in this section, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(span) of div. W of Puspan. L. 117–103, which is set out as a note under section 12291 of Title 34.