Bill > S481

Introduced Session

Pursuant to the Statewide Sexual Assault Nurse Examiner ("SANE") program established by P.L.2001, c.81 (C.52:4B-50 et seq.), specially trained nurse examiners collect forensic evidence from sexual assault victims for use in prosecutions. However, a sexual assault victim who is a minor may not be allowed an immediate "SANE" examination upon arriving at a hospital emergency room if the minors parents or guardian cannot be reached and if a physician is not immediately available to authorize the examination, due to the provisions of another statute that pre-dates the "SANE" law. Under P.L.1968, c.230 (C.9:17A-4), a minor can give consent to medical care in the absence of parental consent if, in the judgment of a treating physician, the minor appears to have been sexually assaulted. The result is that forensic examinations have been delayed for hours as the victim, the sexual assault nurse examiner, and the police officer are forced to wait for a physicians authorization. This bill would allow other health care professionals, in addition to physicians, to authorize forensic sexual assault examinations and other medical care when a minor appears to have been sexually assaulted and the minors parents or guardian have not given consent to medical care. P.L.1968, c.230 (C.9:17A-4) also provides that where a minor appears to have been sexually assaulted the minors parents or guardian shall be notified immediately, unless the attending physician believes that it is in the best interests of the patient not to do so. The statute provides that the inability of the treating physician, hospital or clinic to locate or notify the parents or guardian shall not preclude the provision of any necessary emergency medical or surgical care. This bill would substitute the term "health care professional" for "physician" in these provisions of the statute as well. The bill defines "health care professional" as a physician, nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes. In addition, the bill changes the wording of the statutory provision that allows a minor who appears to have been sexually assaulted to receive emergency care without parental consent. Currently, such a minor may receive "necessary emergency medical or surgical care." Under the bill, the minor would be entitled to "any emergency or urgent medical or surgical care." The bill also provides that if parents or guardians cannot be located or notified, the minor may undergo a forensic sexual assault examination. Finally, the bill makes several technical changes to clarify language in the statute.

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Raymond Lesniak (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/12/2010)