Title 147 · ORS Chapter 147

147.035. �� (10) The department shall create, and make available to medical assessment providers, informational materials describing the services payable by the Sexual Assault Victims� Emergency M

Citation: ORS 147.035

Section: 147.035

147.035.

�� (10) The department shall create, and make available to medical assessment providers, informational materials describing the services payable by the Sexual Assault Victims� Emergency Medical Response Fund as described in subsection (1) of this section. A provider shall ensure that the informational materials are made available to victims. [2003 c.789 �2; 2007 c.268 �2; 2018 c.120 �2; 2025 c.298 �2]

�� Note: See note under 147.395.

�� 147.399 Sexual Assault Victims� Emergency Medical Response Fund. (1) The Sexual Assault Victims� Emergency Medical Response Fund is established, separate and distinct from the General Fund. All moneys in the Sexual Assault Victims� Emergency Medical Response Fund are continuously appropriated to the Department of Justice to be used for the purpose of carrying out the provisions of ORS 147.397.

�� (2) The Department of Justice may accept moneys from any source for the purpose of carrying out the provisions of ORS 147.397. The department shall deposit moneys accepted under this subsection in the Sexual Assault Victims� Emergency Medical Response Fund. [2003 c.789 �3]

�� Note: See note under 147.395.

SEXUAL ASSAULT RESPONSE

�� 147.401 Sexual assault response teams. (1) The district attorney in each county shall organize a sexual assault response team to consist of:

�� (a) A representative of the district attorney�s office;

�� (b) A representative of a prosecution-based victim assistance program or unit;

�� (c) A sexual assault forensic examiner;

�� (d) At the discretion of the district attorney, a representative of the county sheriff�s office or a representative of local law enforcement agencies or both;

�� (e) A representative of a nonprofit agency or program that receives moneys administered by the Department of Human Services or the Department of Justice and that offers safety planning, counseling, support or advocacy to victims of sexual assault;

�� (f) A sexual assault nurse examiner or a representative of a hospital; and

�� (g) Other persons the district attorney considers necessary for the operation of the sexual assault response team or as recommended by the team.

�� (2) Each sexual assault response team must meet:

�� (a) At least quarterly at a time appointed by the district attorney of the county; and

�� (b) Independently of the county child abuse multidisciplinary team for the county.

�� (3)(a) Each sexual assault response team shall develop and adopt protocols addressing the response to adult and adolescent sexual assault victims in the county.

�� (b) Protocols adopted pursuant to paragraph (a) of this subsection may incorporate by reference, in part or in whole, protocols relating to child sexual abuse developed pursuant to ORS 418.747. [2011 c.511 �1; 2019 c.105 �1; 2019 c.141 �8]

�� Note: 147.401 and 147.403 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 147.403 Policies, guidelines and training requirements for providers of medical care to sexual assault patients. (1) Each hospital, emergency medical service provider, intermediate care facility, skilled nursing facility, long term care facility and residential care facility in this state shall adopt policies for the treatment or referral of acute sexual assault patients, if such policies are not otherwise provided for by statute or administrative rule.

�� (2)(a) Each hospital, emergency medical service provider, intermediate care facility, skilled nursing facility, long term care facility and residential care facility in this state that performs forensic medical examinations of sexual assault patients shall:

�� (A) Adopt, in addition to the facility�s own guidelines, if any, the State of Oregon Medical Guideline for Sexual Assault Evaluation of Adolescent and Adult Patients developed and published by the Attorney General�s Sexual Assault Task Force.

�� (B) Except as provided in paragraph (b) of this subsection, employ or contract with at least one sexual assault forensic examiner who has completed didactic training sufficient to satisfy the training requirement for certification by the Oregon SAE/SANE Certification Commission established by the Attorney General.

�� (b) Paragraph (a)(B) of this subsection does not apply to a hospital that performs forensic medical examinations only of sexual assault patients who are minors. A hospital described in this paragraph may use physicians, physician associates licensed under ORS 677.505 to 677.525, naturopathic physicians licensed under ORS chapter 685 and nurses to conduct the examinations in consultation with a social worker trained in assisting sexual assault victims who are minors. [2011 c.511 �2; 2014 c.45 �28; 2017 c.356 �19; 2024 c.73 �42]

�� Note: See note under 147.401.

�� 147.404 Notification of victim advocate concerning medical assessment. (1) Upon a sexual assault victim�s decision to participate in a medical assessment, as soon as practicable and in a manner consistent with the county�s sexual assault response team protocols adopted under ORS 147.401 and the protocols and procedures of the county child abuse multidisciplinary teams described in ORS 418.747, the provider of the medical assessment or, if applicable, a law enforcement officer shall contact a victim advocate and make reasonable efforts to ensure that the victim advocate is present and available at the medical facility in which the medical assessment occurs.

�� (2) A victim advocate contacted under subsection (1) of this section:

�� (a) Shall clearly inform the victim that the victim may decline the services of the victim advocate at any time; and

�� (b) May not impede the medical assessment, the provision of medical services to the victim or the collection of evidence.

�� (3) As used in this section, �medical assessment� has the meaning given that term in ORS