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Heartland Regional Medical Center Emergency Services Policies and Procedure Policy/Procedure Title Initial Management of Sexual Assault or Suspected Sexual Assault Policy/Procedure # Effective Department Generating Policy Nursing Administration Affected Departments Emergency Department Prepared By Nursing Policy Council Page 1 of 7 Dept/Title Date/Title ED Medical Director Approval ED Director Approval 10/02 A. Throgmorton Chief Nursing Officer Approval Date/Title 12/12 ED Manager Date/Title Purpose: In caring for victims of sexual assault or suspected sexual assault, Heartland Regional Medical Center is committed to meeting their physical, psychological, emotional, social and spiritual needs with respect and compassion for the person who has been sexually assaulted and mindful of his/her emotional fragility. Policy: Responsibilities: The Hospital has the following responsibilities: Comply with the Crime Victims Compensation Act The Consent by Minors to Medical Procedures Act and any local ordinances, municipal codes, rules, or regulations that may apply to the health of sexual assault survivors. Reporting for sexual assault survivors as required by the Criminal Identification Act. The RN has the following responsibilities: Respond within minutes to move the patient to an environment that ensures privacy. Facilitates emergency treatment of sexual assault or suspected assault survivor in accordance with the guideline of the State of Illinois. Enters the patient into the Promed™ system, which facilitates identification of medical records of the sexual assault or suspected sexual assault survivor. Maintains constant attendance with the patient by the same RN (or designee) until room placement, opening of evidence kit and specimens are obtained are collected. The Physician has the following responsibilities: Conducts the examination and treatment of the patient in accordance with the Policy and Procedures and the State of Illinois Rules and Regulations for the treatment of sexual assault survivors as presented in the Physician Standard of Review: 12/11, 12/12, 02/13; 07/14 Revised: 09/22/2009; 11/2009 Page 1 of 7 Practice. This is to include evaluation and treatment of Sexually Transmitted Diseases, HIV and potential pregnancy in females of childbearing age. The Rape Action Committee volunteer has the following responsibility: Provide emotional support. Procedure: Upon admission the nurse will: Triage as urgent all sexual assault or suspected sexual assault survivors. Maintain constant attendance by the same RN (or designee) during the exam in order to provide emotional support, protect the patient confidentiality and to maintain the chain of evidence. Assess level of anxiety and attempt to calm and reassure the patient. Obtain the patient’s medical history. If the patient is female, obtain a detailed gynecological history which should include but not limited to: Last and previous menstrual periods. Patient’s knowledge of or belief in existing pregnancy. Prior gynecological procedures such as hysterectomy or tubal ligation. Use of contraceptives. Cervical or uterine cancer. Prior genital injury or trauma. After admission the nurse will notify: ED Physician. Law enforcement authorities, regardless of patient’s or significant other’s intent to press charges, if the patient is not accompanied by a law enforcement officer call: Marion City Police, if crime occurred within the city limits. Williamson County Sheriff, if crime occurred outside city, inside county. Department of Children and Family Services if: Sexual assault survivor is a minor and/or incest is suspected. Clergy on call for Spiritual Care. Rape Action Committee – The Women’s Center, Carbondale, Illinois (618-529-2324 or 800-334-2094). After admission, the nurse will obtain appropriate consents. Explain the procedures to the patient and repeat explanation as needed. Obtain appropriate written consents. Where the minor is the victim of a predatory criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse or criminal sexual abuse, the consent of the minor’s parent or legal guardian need not be obtained to authorize a hospital, physician or other medical personnel to furnish medical care or counseling related to the diagnosis or treatment of any disease or injury arising from such offense. Evidence collection kit or pictures may not be released by a hospital without the written consent of the sexual assault survivor. In the case of minor 13 years of age or older, evidence and information Review: 12/11, 12/12, 02/13; 07/14 Revised: 09/22/2009; 11/2009 Page 2 of 7 concerning the alleged sexual assault may be released at the written request of the minor. A minor who is under 13 years of age, evidence and information concerning the alleged sexual assault may be released at the written request of the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services. Photographs may be taken if the patient is a minor under the age of 13 and can be released to law enforcement personnel only with the consent of the parent or guardian. If consent is refused, the photographs will be destroyed. If the patient is an adult who has a guardian, a health care surrogate, or an agent acting under the health care power of attorney, then consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault. If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release. Evidence or information provided by a health care professional (nurse or doctor) to a law enforcement officer pursuant to a written request is immune from any civil or professional liability that may arise from those actions. Treatment of Alleged Sexual Assault Survivors Medical examination and laboratory testing required to ensure the health, safety, and welfare of an alleged sexual assault survivor, may be used as evidence in criminal proceedings and made available to law enforcement officials upon request. The gathering of evidence of the sexual assault shall include: Verification of the intact seal on the EVIDENCE COLLECTION KIT provided by the Illinois State Police, Division of Forensic Services. Step 1: Patient Consent and Authorization to Release Step 2: Medical/Forensic Documentation Form Step 3: Miscellaneous/Debris Collection from paper on which patient undressed. Step 4: Clothing – can be collected for up to one month from date of incident, provided the item has not been altered, laundering. Identify if clothing worn now is same as worn during or immediately after assault. Note the condition of clothing (rips, tears, presence of foreign material) Follow detailed instructions regarding securing and storage of clothing. Step 5: Oral Specimens Review: 12/11, 12/12, 02/13; 07/14 Revised: 09/22/2009; 11/2009 Page 3 of 7 Using two swabs at a time only, swab the interior of the mouth with four cotton swabs. Be certain to swab the recessed areas of the oral cavity, especially between the lower lip and gum, along the gumline of the teeth, and the top and side surfaces of the tongue. Allow swabs to air-dry Insert swabs into one cardboard tube and fold in the tube end flaps. Provide data on the pre-labeled swab box. Enclose the swab specimens in this envelope, complete data on envelope and seal. Step 6: Vaginal/Cervical Specimens; Do not irrigate or aspirate the vagina Swab vaginal vault simultaneously with four cotton swabs. If not possible use one/two at a time. Allow to air-dry Insert swabs into one cardboard tube and fold in the tube and flaps. Provide data on the pre labeled swab box. Enclose the swab specimens in this envelope, complete data on envelope and seal. Penile Specimens Slightly moisten four cotton swabs with distilled water and thoroughly swab the external surface of the penile shaft and glans. Do not swab the urethra. Allow to air-dry. Insert swabs into one cardboard tube and fold in the tube and flaps. Provide data on the pre labeled swab box. Enclose the swab specimens in this envelope, complete data on envelope and seal. Step 7: Anal Specimens Slightly moisten four cotton swabs with distilled water and swab the anal canal simultaneously with the four swabs. If it is not possible to use four swabs simultaneously, one/two swabs at a time may be used. Avoid contact of the swabs with the area surrounding the anus. If the assailant’s mouth touched this area, use a Miscellaneous Stains/Bitmark Evidence swab (step 8) to collect any saliva. Allow to air-dry. Insert swabs into one cardboard tube and fold in the tube and flaps. Provide data on the pre labeled swab box. Enclose the swab specimens in this envelope, complete data on envelope and seal Step 8: Miscellaneous Stains/Bitemark Evidence Slightly moisten a single swab with distilled water and swab the stain, concentrating all the material onto the swab. If a bitemark, swab the perimeter of the bitemark and the interior of the mark Review: 12/11, 12/12, 02/13; 07/14 Revised: 09/22/2009; 11/2009 Page 4 of 7 to collect any saliva from the assailant’s mouth which may be on the patients body. Allow to air-dry. Insert swabs into one cardboard tube and fold in the tube and flaps. Provide data on the pre labeled swab box. Enclose the swab specimens in this envelope, complete data on envelope and seal. If a bitemark is present, take a close up color photograph, preferably with a 35 mm camera, including a scale to give accurate dimension to the injury. Tell the investigator about any bitemark. Step 9: Pubic Hair Combings Loose pubic hairs should be combed onto the enclosed piece of white paper with the comb provided. Place the comb on paper with hairs and carefully refold paper and place in the envelope. Complete data on envelope and seal. Step 10: Head Hair Combings Lightly comb the head with the comb provided over the enclosed piece of white paper so that loose hairs, fibers and other debris fall onto the paper. Place the comb on paper with hairs and carefully refold paper and place in the envelope. Complete data on envelope and seal. Step 11: Fingernail Specimen Collect fingernail scrapings from all patients. Scrapings should be collected from beneath each fingernail using the stick provided. When scraping the fingernails, hold the hand over the unfolded paper which is provided in the envelope to prevent loss of debris. The scrapings and stick should then be wrapped up in the paper to prevent loss of possible evidence, and then placed in the protective envelopes marked right or left hand. Seal the left/right envelopes and enclose the envelopes in the envelope provided, complete data on envelope and seal. Step 12: Blood on Filter Paper Using disposable gloves, remove the filter paper from this envelope and place it on a clean paper towel Write the patient’s name and date on the filter paper where indicated. If blood was collected for medical purposes, i.e., preexisting pregnancy, fill the five circles on the filter paper with drops of blood drawn from the blood collection tube with a syringe. If blood was not collected for medical purposes, use a medical lancet and prick the patient’s finger. Fill the five circles on the filter paper with drops of blood. Allow to the filter paper to air dry. Place the filter paper in the envelope provided, complete data on envelope and seal. Discard the paper towel. Step 13: Photographs of patient physician injuries, if appropriate Step 14: Receipt of information by Law Enforcement Agency. Review: 12/11, 12/12, 02/13; 07/14 Revised: 09/22/2009; 11/2009 Page 5 of 7 Step 15: Patient Discharge Materials. Close Evidence Collection Kit and seal with red “Evidence Tape”. Fill out information on outside top of kit. Notify appropriate law enforcement agency. If the collection kit is not collected by law enforcement promptly after completion, hospital staff shall store it in a safe location for at least two weeks. Additional evidence such as clothing, shoes, etc., shall be stored with kit and released to police simultaneously. Blood: HIV testing (initial testing to be completed in the ER. Instruct patient that follow up testing at 6 weeks, 3 months and 6 months) and document in the medical record that verbal (oral) and written instructions were given. Pregnancy testing for all females of childbearing age; Provision of Information Emergency Contraception: Ovral, an FDA-approved birth control pill has been shown to be up to 90% effective in preventing pregnancy after unprotected/unwanted intercourse. The physician prescribes two (2) Ovral pills within 72 hours of unprotected sex to be administered while the patient is in the Emergency Room. The physician prescribes an additional two (2) Ovral pills to be taken 12 hours after the initial dose. If the patient has been discharged from the hospital and is unable to obtain Ovral from a retail pharmacy, contact the Heartland Regional Medical Center Pharmacy. IDPH hand out: “If you have been raped…What you should know about emergency contraception”, will be given to the patient including verbal instructions. (written/oral instruction). Oral and written information shall be provided: Concerning sexually transmitted disease, pregnancy and financial assistance for crime victims. Concerning contraindications related to procedures and/or medication provided or treatment of infection or disease resulting from sexual assault. (This includes medications provided at the time of service and at discharge.) Indicating the need for a follow up appointment two weeks after the sexual assault. In the event the patient is incapable of receiving and/or understanding the information, it will be provided to the responsible surrogate/guardian. Counseling Emotional support, confidentiality, explanations of treatment and related questions to ensure that the patient understands that such procedures are necessary for his/her health, safety and welfare and the collection of forensic evidence. Review: 12/11, 12/12, 02/13; 07/14 Revised: 09/22/2009; 11/2009 Page 6 of 7 Provide brochure “After Sexual Assault” – Illinois Coalition Against Sexual Assault and the IDPH and “Financial Aid for Crime Victims” – Illinois Office of the Attorney General Referrals may include rape crisis or other counseling center. Date rape drug testing, including explanation of the comprehensive scope of drug screen and the limited time frame within which such evidence can be collected. (Date Rape Drugs – US Department of health and Human Services, Office on Women’s Health) An appropriate medical record shall be developed and shall include, but is not limited to a complete documentation on Emergency Department Admission Form of: When the patient was moved from triage to examination area. Time the sexual assault occurred. If the patient changed clothes, bathed, douched, defecated, urinated, ate, smoked, performed oral hygiene or vomited between the time of assault / suspected assault and time of examination. Indication of all signs of major or minor trauma taken for evidentiary purposes with written consent of the patient, or patient’s parent or legal guardian, if patient is under 13 years of age. If the patient is under 13 years of age and the parent or guardian is not immediately available, photographs may be taken and shall be released to law enforcement personnel and State’s Attorney staff with written consent of parent, guardian, law enforcement officer or Department of Children and Family Services. If the parent/guardian refuses to sign consent after pictures are taken the pictures are to be destroyed. Statement in quotes made by patient concerning assault without conclusions as to whether a crime had been committed. Medical history shall include brief, general information concerning possible injury and drug allergies, and for female patients a detailed gynecological history must be obtained including: Menstrual history (last menstrual period) Whether the patient knows or believes that she is pregnant, History of prior gynecological surgery (hysterectomy or tubal ligation) contraceptive use, cancer and any prior genital injury or trauma. Document presence of any and all persons during the examination process and include that the patient was not left unattended. Document if a report was filed with the Department of Children and Family Services (DCFS). Document whether or not an evidence collection kit was completed. Review: 12/11, 12/12, 02/13; 07/14 Revised: 09/22/2009; 11/2009 Page 7 of 7