13823.93
. (a) For purposes of this section, the following
definitions apply:
(1) "Medical personnel" includes physicians, nurse practitioners,
physician assistants, nurses, and other health care providers, as
appropriate.
(2) To "perform a medical evidentiary examination" means to
evaluate, collect, preserve, and document evidence, interpret
findings, and document examination results.
(b) To ensure the delivery of standardized curriculum, essential
for consistent examination procedures throughout the state, one
hospital-based training center shall be established through a
competitive bidding process, to train medical personnel on how to
perform medical evidentiary examinations for victims of child abuse
or neglect, sexual assault, domestic violence, elder abuse, and abuse
or assault perpetrated against persons with disabilities. The center
also shall provide training for investigative and court personnel
involved in dependency and criminal proceedings, on how to interpret
the findings of medical evidentiary examinations.
The training provided by the training center shall be made
available to medical personnel, law enforcement, and the courts
throughout the state.
(c) The training center shall meet all of the following criteria:
(1) Recognized expertise and experience in providing medical
evidentiary examinations for victims of child abuse or neglect,
sexual assault, domestic violence, elder abuse, and abuse or assault
perpetrated against persons with disabilities.
(2) Recognized expertise and experience implementing the protocol
established pursuant to Section 13823.5.
(3) History of providing training, including, but not limited to,
the clinical supervision of trainees and the evaluation of clinical
competency.
(4) Recognized expertise and experience in the use of advanced
medical technology and training in the evaluation of victims of child
abuse or neglect, sexual assault, domestic violence, elder abuse,
and abuse or assault perpetrated against persons with disabilities.
(5) Significant history in working with professionals in the field
of criminalistics.
(6) Established relationships with local crime laboratories,
clinical laboratories, law enforcement agencies, district attorneys'
offices, child protective services, victim advocacy programs, and
federal investigative agencies.
(7) The capacity for developing a telecommunication network
between primary, secondary, and tertiary medical providers.
(8) History of leadership in working collaboratively with medical
forensic experts, criminal justice experts, investigative social
worker experts, state criminal justice, social services, health and
mental health agencies, and statewide professional associations
representing the various disciplines, especially those specified in
paragraph (6) of subdivision (d).
(9) History of leadership in working collaboratively with state
and local victim advocacy organizations, especially those addressing
sexual assault and domestic violence.
(10) History and experience in the development and delivery of
standardized curriculum for forensic medical experts, criminal
justice professionals, and investigative social workers.
(11) History of research, particularly involving databases, in the
area of child physical and sexual abuse, sexual assault, elder
abuse, or domestic violence.
(d) The training center shall do all of the following:
(1) Develop and implement a standardized training program for
medical personnel that has been reviewed and approved by a
multidisciplinary peer review committee.
(2) Develop a telecommunication system network between the
training center and other areas of the state, including rural and
midsized counties. This service shall provide case consultation to
medical personnel, law enforcement, and the courts and provide
continuing medical education.
(3) Provide ongoing basic, advanced, and specialized training
programs.
(4) Develop guidelines for the reporting and management of child
physical abuse and neglect, domestic violence, and elder abuse.
(5) Develop guidelines for evaluating the results of training for
the medical personnel performing examinations.
(6) Provide standardized training for law enforcement officers,
district attorneys, public defenders, investigative social workers,
and judges on medical evidentiary examination procedures and the
interpretation of findings. This training shall be developed and
implemented in collaboration with the Peace Officer Standards and
Training Program, the California District Attorneys Association, the
California Peace Officers Association, the California Police Chiefs
Association, the California State Sheriffs' Association, the
California Association of Crime Laboratory Directors, the California
Sexual Assault Investigators Association, the California Alliance
Against Domestic Violence, the Statewide California Coalition for
Battered Women, the Family Violence Prevention Fund, child victim
advocacy organizations, the California Welfare Directors Association,
the California Coalition Against Sexual Assault, the Department of
Justice, the agency, the Child Welfare Training Program, and the
University of California extension programs.
(7) Promote an interdisciplinary approach in the assessment and
management of child abuse and neglect, sexual assault, elder abuse,
domestic violence, and abuse or assault against persons with
disabilities.
(8) Provide training in the dynamics of victimization, including,
but not limited to, rape trauma syndrome, intimate partner battering
and its effects, the effects of child abuse and neglect, and the
various aspects of elder abuse. This training shall be provided by
individuals who are recognized as experts within their respective
disciplines.
(e) Nothing in this section shall be construed to change the scope
of practice for any health care provider, as defined in other
provisions of law.