HSB 179

Description

House File 603 establishes the Sexual Assault Forensic Examiner Program under the administration of the Office of the Attorney General. The Program is to train, certify, and provide technical assistance to sexual assault forensic examiners and sexual assault nurse examiners. The Bill also provides definitions for “sexual assault examiner,” “sexual assault nurse examiner,” “treatment facility,” and “pediatric treatment facility.” In administering the Program, the Attorney General is required to maintain a list of sexual assault examiners and sexual assault nurse examiners who have completed certain training. House File 603 provides that training must be established and made available to treatment facilities by July 1, 2022. Such training must provide didactic and clinical training, be available for online or in-person use, and include information regarding sexual abuse evidence collection kits, sexual abuse, and Iowa’s sexual assault-related laws.

The Program, in collaboration with the Iowa Department of Public Health (IDPH), the Iowa Coalition Against Sexual Assault (ICASA), and qualified medical providers, is also required to establish uniform training materials related to examination procedures, consent laws, and evidence collection that all treatment facilities and federally qualified health centers are required to provide to patients, nonoffending parents, and legal guardians. These materials must also be made available online at the Attorney General’s website. Additionally, the Program, in collaboration with the IDPH, the ICASA, and qualified medical providers, is tasked with updating protocols and best practices related to sexual assault examinations.

House File 603 requires the Attorney General to establish an advisory committee to support the Program. The Bill enumerates the duties of the advisory committee, including advising on training developed specifically for the Program, and specifies the members of the Committee.

Background

Currently, the IDPH works collaboratively with the Attorney General, the IDPH, ICASA, and health care associations to provide training, protocols, and best practices related to sexual assault examinations.

Assumptions

• The Attorney General estimates that it would require 2.0 full-time equivalent (FTE) positions to administer the Program. These FTE positions would be responsible for developing and implementing sexual assault forensic examiner training; developing and maintaining lists of certified examiners; collaborating with the IDPH, ICASA, and other stakeholders to develop and distribute materials for medical facilities conducting sexual assault examinations; providing technical training; and working with the advisory committee as established in HF 603.
• The Attorney General expects that half of the costs related to the 2.0 FTE positions will be covered by federal grant funding in FY 2022.
• The IDPH assumes the implementation of HF 603 will have no impact on existing operations or staffing. Currently, the IDPH receives grant funding from the Attorney General to provide training and technical assistance to health care providers who respond to cases of sexual assault, and the IDPH assumes that this grant funding will continue with the implementation of this Bill.

Fiscal Impact

House File 603 is expected to have no impact on the State General Fund. Funding for the 2.0 FTE positions, as estimated by the Attorney General to be needed in order to administer the Program, will come from the Victim Compensation Fund, established in Iowa Code section 915.94. Receipts to the Victim Compensation Fund include criminal fines and penalties, victim restitution, a percentage of wages earned by inmates employed in the private sector, and federal funds.

Funding estimates for the 2.0 FTE positions in the Attorney General’s Office are provided in the table below. Salary and benefit calculations listed in the table for FY 2022 reflect the Attorney General’s expectation of receiving federal grant funding to cover half of the annual costs. Implementation Costs by Funding Source, HF 603

Sources

• Department of Justice, Attorney General
• Iowa Department of Public Health
• Iowa Coalition Against Sexual Assault
• Legislative Services Agency
• Holly M. Lyons
• June 9, 2021
• The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
• developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
• Agency upon request.
• (and subsequent years)
• Victim Compensation Fund 100,000$ 200,000$
• Federal Funds 100,000 0
• Total 200,000$ 200,000$
• Funding Source FY 2022