C.R.S. Section 23-5-143
Sexual assault victim care

  • memorandum of understanding
  • training
  • definitions

(1)

The general assembly finds and declares:

(a)

College-aged students are at a high risk of being victims of sexual assault;

(b)

It is important for a victim of a sexual assault to receive time-sensitive medical care following the assault whether or not medical forensic evidence is collected;

(c)

The medical professionals best equipped to provide this care have specialized sexual assault training, including sexual assault nurse examiner training, sexual assault forensic examiner training, or medical forensic exam training;

(d)

Few, if any, institutions of higher education have medical professionals on site with the necessary specialized training to care for sexual assault victims; and

(e)

Institutions of higher education should have procedures in place to refer and transport sexual assault victims to nearby hospitals or clinics that have medical professionals specifically trained to care for those victims.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Institution of higher education” means a state institution of higher education as defined in section 23-18-102 or a participating private institution of higher education as defined in section 23-18-102.

(b)

“Medical forensic exam program” means a health-care program with licensed medical professionals, such as registered nurses, nurse practitioners, physician assistants, or physicians, who have received some specialized training in conducting medical forensic examinations of adults and adolescents according to established Colorado protocols but have not received formal SAFE or SANE training. “Medical forensic exam programs” may be based in hospitals, medical clinics, safe houses, children’s advocacy centers, stand-alone medical forensic exam clinics, public health clinics, or another facility where appropriate medical care is provided to sexual assault victims.

(c)

“Sexual assault forensic examiner” or “SAFE” means a registered nurse, physician assistant, or physician who has been specifically trained to provide comprehensive sexual assault care, including evidence collection and testimony, pursuant to the International Association of Forensic Nurses’ forensic nursing education guidelines.

(d)

“Sexual assault nurse examiner” or “SANE” means a registered nurse, including an advanced practice registered nurse, who has been specifically trained to provide comprehensive sexual assault care, including evidence collection and testimony, pursuant to the International Association of Forensic Nurses’ forensic nursing education guidelines.

(3)

Within one hundred eighty days after May 4, 2015, each institution of higher education shall enter into and have in effect a memorandum of understanding or other formalized arrangement with at least one nearby medical facility or other facility that has sexual assault nurse examiners, sexual assault forensic examiners, or a medical forensic exam program. Each state-funded institution of higher education shall renew or obtain a new memorandum of understanding within three years after the date of each such memorandum. Each memorandum of understanding or other formalized arrangement must include provisions that the institution of higher education shall refer appropriate patients to the medical facility or other facility for the purposes of providing campus sexual assault victims medical care and evidence collection, if the victim chooses, and assist with or provide transportation to the facility.

(4)

Each institution of higher education shall:

(a)

Provide easily available information on the website of the institution of higher education on how to access a medical forensic examination following a sexual assault. The information must, at a minimum, inform victims of the medical facility with which the institution has a memorandum of understanding or formalized arrangement; of the methods of transportation available to get to the facility, including public transportation options; and that having a medical forensic examination does not require them, at any time, to participate with a law enforcement investigation or any criminal justice response.

(b)

Have a sexual assault training and response policy that includes:

(I)

A plan to ensure that campus health center staff is able to provide appropriate resources and referrals to students regarding medical forensic exams and sexual assault care. Within one year after the enactment of this section and at least every two years thereafter, each institution of higher education shall contract or otherwise arrange with a sexual assault nurse examiner and a trained sexual assault advocate to provide relevant campus health center staff with sexual assault response training. Such training must include campus, community, or law enforcement advocates as trainers. At a minimum, training should include content in the following areas:

(A)

An overview of medical forensic exams for the purpose of enabling campus health staff to answer a victim’s questions about medical forensic exams;

(B)

Trauma response;

(C)

Victim dynamics;

(D)

Short-term and long-term health impact of sexual assault;

(E)

Victim compensation eligibility as described in article 4.1 of title 24, C.R.S.; and

(F)

Sexual assault victim emergency payment program eligibility as described in section 18-3-407.7, C.R.S.

(II)

A referral plan to connect a student who is a victim to the appropriate victim advocates. Confidential victim advocates may be campus advocates or community-based advocates. Victims may also be referred to victim advocates employed by a law enforcement agency with jurisdiction over the crime, if appropriate.

(III)

Transportation instructions to inform about, assist with, or provide transport to the hospital, clinic, or other facility performing the medical forensic examination or sexual assault-related medical care.

(5)

The general assembly encourages all other institutions of higher education in this state to enter into a similar memorandum of understanding or formalized arrangement as described in this section, to post information on the institution’s website, and to have sexual assault training and response policies.

Source: Section 23-5-143 — Sexual assault victim care - memorandum of understanding - training - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑5‑101.5
Enterprise status of auxiliary facilities - definitions 23‑5‑101.7
Enterprise status of institutions of higher education 23‑5‑102
Funding for auxiliary facilities - institutions of higher education - loans - bonds 23‑5‑103
Pledge of income 23‑5‑104
No property lien 23‑5‑105
Tax exemption 23‑5‑105.5
State board for community colleges and occupational education - authority to create financial obligations 23‑5‑106
Authority of governing boards - general - health-care insurance - contracts of indemnity 23‑5‑106.5
Authority of governing boards - student applications - criminal and disciplinary history inquiry - exceptions - definitions 23‑5‑107
Authority of governing boards - parking 23‑5‑108
Governing boards authorized to cede jurisdiction for enforcement of traffic laws 23‑5‑109
Identification - suicide and crisis prevention - rules 23‑5‑110
Medical personnel 23‑5‑112
Gifts and bequests to institutions of higher education - venture development investment funds 23‑5‑113
Collection of loans and outstanding obligations - state educational institutions 23‑5‑113.5
Prohibition on withholding transcripts and diplomas - postsecondary institution - remedy - definitions 23‑5‑114
National direct student loans - authority to separately collect advances 23‑5‑115
Loans or outstanding obligations offset 23‑5‑116
Governing boards - authority to provide out-of-state courses 23‑5‑117
Governing boards - delegation of personnel power 23‑5‑118
Selective service registration information 23‑5‑119.5
Student fees - legislative declaration - definitions - institutional plans - fee information - reporting 23‑5‑120
Student fees - deposit - interest 23‑5‑121
Governing boards - authority to establish nonprofit corporations for developing discoveries and technology 23‑5‑122
Intrainstitutional and intrasystem transfers - course scheduling 23‑5‑123
Sabbatical leave - policy - production of records - legislative declaration - definition 23‑5‑124
Student enrollment - prohibition - public peace and order convictions - definitions 23‑5‑125
Campus sex offender information 23‑5‑126
Governing boards - anti-terrorism measures 23‑5‑127
Unique student identifying number - social security number - prohibition 23‑5‑128
Meningococcal disease - information - immunity - definitions 23‑5‑131
Governing boards - tuition - fixed rate contract - definitions 23‑5‑132
Governing boards - travel policies - exemption from state travel rules 23‑5‑134
Appointments to governing boards - considerations 23‑5‑136
Governing boards - online textbook program 23‑5‑137
Loan repayment assistance - legislative declaration - definitions 23‑5‑138
Textbooks - academic freedom - definitions 23‑5‑139
Higher education revenue bond intercept program - definitions 23‑5‑140
Lifesaving school safety information - legislative declaration - definitions 23‑5‑140.5
Employee information - student loan repayment and forgiveness programs 23‑5‑140.7
Calculation of full-time employment of teachers for purposes of the federal public loan forgiveness program - definitions 23‑5‑141
Campus police information sharing - legislative declaration - definitions 23‑5‑142
Institution law enforcement agencies to provide identification cards to retired peace officers upon request - definitions 23‑5‑143
Sexual assault victim care - memorandum of understanding - training - definitions 23‑5‑144
Students’ right to speak in a public forum - legislative declaration - violations - court actions - free speech zones - definitions 23‑5‑145
Credit for military education and training - policy - definition 23‑5‑145.5
Credit for work-related experience - plan - report - definitions - repeal 23‑5‑145.6
Opportunities for credential attainment - fund - report - definitions - repeal 23‑5‑145.7
Funding for nondegree credential programs - duty - policy - appropriation - report - definitions - repeal 23‑5‑146
Sexual misconduct - policies - confidential resources - training - reports - definitions 23‑5‑147
Sexual misconduct advisory committee - membership - duties - report - legislative declaration - definitions 23‑5‑148
Dental therapy training programs - authorization to grant advanced standing - definition 23‑5‑149
Epinephrine auto-injectors at institutions of higher education - immunity - short title
Green check means up to date. Up to date

Current through Fall 2024

§ 23-5-143’s source at colorado​.gov