Iowa Admin. Code r. 61-9.79

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 61-9.79 - [Effective 12/18/2024] Iowa standards for sexual assault nurse examiners

(1)General. To ensure the highest standard of care for sexual assault victims, registered nurses, doctors of medicine or doctors of osteopathic medicine, advanced registered nurse practitioners, and physician assistants are eligible for reimbursement from the state for mileage and compensation for performing sexual assault examinations as long as they meet all of the requirements set forth in subrules 9.79(2) through 9.79(5). All applicant documentation submitted is reviewed, and either approved or recommended for denial by the sexual assault forensic response coordinator. All recommendations for denial are reviewed by the strategy and compliance manager and are either approved or denied. Sexual assault nurse examiners or sexual assault nurse examiner candidates who disagree with the decision may appeal to the chief, who will either approve or deny the decision. If the applicant disagrees with the chief's decision, then the decision may be appealed to the victim assistance board within 30 days of receipt of the decision. If an applicant disagrees with the decision of the board, the decision may be appealed to the district court for judicial review within 30 days of the receipt of the board's decision. All sexual assault nurse examiners must be committed to being in regular contact with the sexual assault forensic response coordinator and communicating any changes in their ability or commitment to serve.

(2)Eligibility. To be eligible to become a sexual assault nurse examiner in the state of Iowa, a qualified provider shall meet or exceed the following requirements:

a. Active and unrestricted qualified medical practicing licensure in accordance with subrule 9.79(1).

(1) For registered nurses, an adult/adolescent sexual assault nurse examiner candidate shall have two years of nursing experience unless prior experience as a certified nursing assistant (CNA) or licensed practical nurse with experience in an acute care environment, including but not limited to an emergency department, intensive care, coronary care, cardiology, and neonatal intensive care, is deemed sufficient by the sexual assault forensic response coordinator.

(2) A pediatric sexual assault nurse examiner candidate shall have three years of nursing experience that includes a minimum of one year of specialty pediatric nursing experience.

b. A criminal history record check. All candidates shall request a background check from the division of criminal investigation online, by mail, by fax, by email, or in person. The fee is not reimbursed by the state but may be reimbursable through the candidate's employer.

(1) Iowa Code section 272C.15(2) describes criminal convictions that may disqualify a candidate from qualifying to serve as a sexual assault nurse examiner. Any convictions involving a crime of dishonesty or false statements shall be disclosed by the candidate since the conviction may be used to attack a witness's character and ultimately impeach the witness (more information can be found in Iowa Rule of Evidence 5.609).

(2) In cases where a conviction may disqualify a candidate, the candidate shall follow the appeal process in subrule 9.79(1).

(3) After the completion of the background check, any conviction other than a minor traffic infraction shall be disclosed to the sexual assault forensic response coordinator within 15 calendar days to determine whether the conviction disqualifies the individual from continuing to serve as a sexual assault nurse examiner. In cases where a conviction may disqualify a candidate, the candidate shall follow the appeal process in subrule 9.79(1).

c. Commitment to practice as a sexual assault nurse examiner and maintain knowledge, standards and education. Every sexual assault nurse examiner in Iowa will complete the Commitment to Practice as a Sexual Assault Nurse Examiner in Iowa document and submit it to the sexual assault forensic response coordinator.

d. A letter of support to practice as a sexual assault nurse examiner in a facility. The letter of support will be written by a professional in the sexual assault field or a supervisor, state that the professional supports the candidate in providing services to sexual assault victims, and be submitted to the sexual assault forensic response coordinator. Examples of professionals or supervisors include but are not limited to a sexual assault nurse examiner coordinator, emergency department director, or advocacy sexual assault response team (SART) coordinator.

(3)Candidate approval. All sexual assault nurse examiner candidates shall meet one of the following:

a. The candidate has completed an approved and accredited 40-hour adult and adolescent course that is consistent with sexual assault nurse examiner education guidelines established by the International Association of Forensic Nurses (IAFN), which includes the awarding of continuing education for course completion. Additionally, the course shall include training and objectives covering Iowa-specific knowledge, including but not limited to laws; regulations; Iowa kit tracking requirements; and medical, legal, and judicial protocols. The candidate shall submit all certificates of completion to the sexual assault forensic response coordinator; or

b. If the candidate has completed a sexual assault nurse examiner education course in another state, the course will be verified and either approved or denied by the sexual assault forensic response coordinator, indicating whether the course meets the standards required by Iowa (as referenced above). If the course is denied, the sexual assault forensic response coordinator will provide all documentation to the strategy and compliance manager for a second review and decision. If the 40-hour course meets approved standards but is missing the Iowa-specific education, the sexual assault forensic response coordinator will make a recommendation to fulfill this training requirement.

c. A practitioner who holds doctor of medicine or doctor of osteopathic medicine licensure will be considered a qualified provider in accordance with the Iowa standards for sexual assault nurse examiners approved by the department upon completion of an approved 30-hour adult and adolescent course.

(4)Completion of clinical training log/preceptorship. All sexual assault nurse examiner candidates shall complete the following within six months of successfully completing coursework:

a. Complete and turn in a training log to the sexual assault forensic response coordinator, who will maintain the initial certificate and all continuing education (CE).

b. Clinical experience, which may be obtained by working with an experienced practicing sexual assault nurse examiner, through a live clinical simulation training, or a combination of the two. Documentation shall be submitted to the sexual assault forensic response coordinator.

c. Submit a log of a preceptorship to the sexual assault forensic response coordinator for review and approval. The log shall include acute examination evaluation and skill verification, including demonstration of use and the ability to perform the following: components of a medical and forensic examination and interview; documentation; understanding and obtaining patient consent forms; kit collection; tracking system use and education to patient; prophylactic medication administration and education; and verbalizing and demonstrating interaction of the multidisciplinary team (MDT) approach and collaboration.

(5)Reapproval, practice expectations, and CE. Every three years, sexual assault nurse examiners will submit reapproval documentation to the sexual assault forensic response coordinator by March 31 of the year reapproval is due. The sexual assault forensic response coordinator will provide confirmation of reapproval by April 30 of the same year. The documentation will include:

a. 200 total hours of sexual assault nurse examiner-related practice or education, which shall be achieved in the following ways:

(1) A minimum of 150 hours of intended direct care of sexual assault patients. "Intended direct care" means a qualified provider is available and expected to provide services to patients presenting for sexual assault if the provider is on duty during a scheduled shift or on call or a combination of both; and

(2) 50 hours of education related to sexual assault patient care. This can include topics such as trauma neurobiology, sexual assault, testifying, human trafficking, and other related topics.

b. Continuing education. All sexual assault nurse examiners shall complete the following:

(1) Attend at least one virtual or in-person biannual meeting led by the sexual assault forensic response coordinator.

(2) Submit proof of attendance for at least 50 hours of education in the area of sexual assault patient care every three years. This can include topics such as neurobiology of trauma, MDT response, human trafficking, testifying, and other related topics.

(3) Submit verification of the number of examinations completed. If fewer than two examinations are completed in a 16-month period, attendance at an approved clinical simulation training or collaboration with a designated preceptor for skill validation will be required.

Iowa Admin. Code r. 61-9.79

Adopted by IAB November 13, 2024/Volume XLVII, Number 10, effective 12/18/2024