June 14, 2023
Q.

When a Sexual Assault Forensic Examiner (SAFE) or Sexual Assault Nurse Examiner (SANE) cannot be made available to perform a Sexual Assault Forensic Examination, Standard 115.21 requires that the examination be performed by “other qualified medical practitioners.” What are the criteria for determining whether someone is a “qualified medical practitioner” who can perform the examination in this circumstance?

A.

Standard 115.5 defines a “medical practitioner” as “a health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice.” The definition goes on to provide that a “qualified medical practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.

The Office on Violence Against Women (OVW) has published “National Training Standards for Sexual Assault Medical Forensic Examiners” available on the OVW website (www.justice.gov/ovw) at Training Sexual Assault Forensic Edition (justice.gov). Appendix C provides minimum training recommendations for all providers delivering care to the patient who has been sexually assaulted and/or abused, when there is not a SANE or SAFE available. Qualified medical practitioners should have at least successfully completed this training or its equivalent, although DOJ recommends that they complete more in-depth training. The International Association of Forensic Nurses (IAFN) with OVW support has produced a training, “No SANE in Sight” that incorporates these minimum requirements. This training is available at No SANE In Sight - IAFN (forensicnurses.org) free of charge and takes about 2 hours to complete. State sexual assault coalitions (Local Resources | OVW | Department of Justice) may have information on additional training available in the state, including trainings that provide more in-depth information and information specific to state protocols.

For juvenile facilities, the medical training should also include an understanding of child physical and mental/emotional development.
 

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