LD 2673
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LD 2673 Title Page An Act to Implement the Recommendations of the Commission to Propose an Alterna... Page 2 of 9
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LR 3894
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, this Act implements the recommendations of the
Commission to Propose an Alternative Process for Forensic
Examinations for Sexual Assault Victims; and

 
Whereas, the Legislature needs to provide swift relief so that
victims of sexual assault will no longer have to pay the costs of
forensic examinations; and

 
Whereas, this Act allows the Victims' Compensation Board and the
Department of Public Safety to immediately begin their rulemaking
in order to implement the Victims' Compensation Fund payment plan
for forensic examinations and to develop a standardized forensic
examination kit, respectively, by November 2000; and

 
Whereas, in the judgment of the Legislature, these facts create
an emergency within the meaning of the Constitution of Maine and
require the following legislation as immediately necessary for
the preservation of the public peace, health and safety; now,
therefore,

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §3360-M is enacted to read:

 
§3360-M.__Payment for forensic examinations for alleged victims

 
of gross sexual assault

 
1.__Payment.__The board shall pay the costs of forensic
examinations for alleged victims of gross sexual assault from the
Victims' Compensation Fund.__The board shall track expenditures
for forensic examinations separately from all other expenditures.__
Forensic examination payments are not subject to any other
provision of this chapter.

 
2.__Forensic examination.__The board shall determine by rule
what a forensic examination may include for purposes of payment.__
An examination must include at least all services directly
related to the gathering of forensic evidence and related testing
and treatment for pregnancy and sexually transmitted diseases.__
The board shall pay a licensed hospital or licensed health care
practitioner the actual cost of the forensic examination up to a
maximum of $500.

 
3.__Process for payment.__A licensed hospital or licensed
health care practitioner that performs forensic examinations for


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