| To: | Hospital Chief Nursing Officers, Emergency Department Directors, Legal Counsel Forensic Nursing Contacts, and Government Affairs Leaders
Please forward to staff in charge of services for sexual assault survivors |
| Staff Contact: | Jacqueline Barton True, Vice President, Advocacy and Rural Health jacquelineb@wsha.org | (206) 216-2541Emily Glenn, WSHA Legal Intern Emilyg@wsha.org |
| Subject: | New Law Impacting Hospital Sexual Assault Services: Rights of sexual assault survivors and change to age of consent for sexual assault evidence kit collection |
Purpose:
The purpose of this bulletin is to inform hospitals and health systems of (1) a change of law to the, Victims of Sexual Assault Act, chapter 70.125 RCW, lowering the age of consent for sexual assault evidence kits from 18 to 13; (2) to remind hospital and health systems of obligations under RCW 70.41.367, to assist patients with obtaining sexual assault evidence kit collection if the service is not available at the hospital; and (3) changes of law under SB 5937[1] regarding sexual assault and the rights of sexual assault survivors. Hospitals can also review WSHA’s previous bulletins on sexual assault evidence kit collection requirements: Availability of Sexual Assault Evidence Kit Collection, Right to a Written Notice or Referral, and Storage and Retention of Sexual Assault Kits.
Applicability/Scope:
The change in law to chapter 70.125 RCW affects any entity providing sexual assault evidence kit collection and sexually transmitted diseases testing and/or treatment related to sexual assault.
All acute care hospitals licensed under chapter 70.41 RCW should review and comply with the obligation to timely inform patients if the hospital does not provide sexual assault forensic evidence kit collection and have a plan to assist patients to get to a facility that provides sexual assault forensic evidence kit collection.
Recommendations:
- Review this bulletin and the Victims of Sexual Assault Act, chapter 125 RCW.
- Update hospital policies, procedures, and consent forms to reflect the changed age of consent for sexual assault forensic evidence kit collection and treatment of sexually transmitted diseases resulting from sexual assault.
- Review the requirements for availability, notice, and planning for sexual assault evidence kit collection in RCW 70.41.367 and WSHA’s previous bulletins on sexual assault evidence kit collection: Availability of Sexual Assault Evidence Kit Collection, Right to a Written Notice or Referral, and Storage and Retention of Sexual Assault Kits.
- Review hospital policies and procedures to assist patient seeking sexual assault evidence kit collection.
Overview:
In Washington, survivors of sexual assault may receive a sexual assault evidence kit collection, free of charge. SB 5937, effective July 1, 2024, lowered the age of consent for sexual assault forensic evidence kit collection and consent to care for sexually transmitted diseases (STD) related to sexual assault. No parental consent is required. These changes aim to increase accessibility of timely access to sexual assault forensic evidence kit collection and STD care for minors.
Age of consent for sexual assault evidence kit collection
Recognizing that parental consent can create a barrier to care, the age of consent for sexual assault forensic evidence kit collection has been lowered from 18 years old to 13 years old as of July 1, 2024, (SB 5937 section 18).
Age of consent for sexually transmitted diseases resulting from sexual assault
As of July 1, 2024, the age of consent for the care of a sexually transmitted disease or suspected sexually transmitted disease as a result of sexual assault is 13 years or older (SB 5937, section 18). However, the age of consent for treatment for sexually transmitted diseases not related to sexual assault remains 14 years or older per RCW 70.24.110.
Consent relevant to reproductive care in Washington state
Typically, care for minors under 18 requires parental consent, but certain exceptions exist based on the type of care. For ease of reference, here is a high-level summary of consent related to reproductive health. This information is not comprehensive, and hospitals are encouraged to consult legal counsel:
| Type of care | Age of consent | Parental Consent | Parental Notification |
| Sexual assault forensic evidence kit collection | 13 years and older | No | No |
| Abortion | No age restriction | No | No |
| Birth control | No age restriction | No | No |
| Sexually transmitted diseases not related to sexual assault | 14 years and older | No | No |
| Sexually transmitted diseases related to sexual assault | 13 years and older | No | No |
Costs of examinations for sexual assaults and domestic violence incidents occurring out of Washington
SB 5937 (sections 6 and 7) amended Department of Labor and Industries Crime Victims Compensation Fund laws related to examination costs of sexual assault victims (RCW 7.68.170) and examination costs for domestic violence incidents involving nonfatal strangulation (RCW 7.68.803). As a result, the Crime Victims Compensation Fund will now cover the costs of examinations at Washington facilities, regardless of whether the sexual assault or domestic violence incident involving occurred in Washington State or another state.
Creation of a statewide forensic nurse coordination program
SB 5937 (section 17) created a statewide forensic nurse coordinator program run by the Department of Health. The program’s responsibilities include providing training to providers, distributing, and overseeing Washington’s standardized sexual assault kits, and collecting data on the availability of the sexual assault nurse examiners and forensic nurses in the state. More information will be available about this new Department of Health program in the coming months.
Obligation of hospitals to develop a sexual assault evidence kit collection plan if the service is unavailable
RCW 70.41.367, passed in 2020, requires that Washington State hospitals unable to provide sexual assault forensic evidence kit collection or that do not have appropriate providers available at all times need to develop a plan to assist individuals seeking sexual assault forensic evidence kit collection. For additional information, please see WSHA’s previous bulletin on hospital obligation found here Availability of Sexual Assault Evidence Kit Collection.
Additional WSHA resources on sexual assault evidence kit collection
WSHA’s previous bulletins, Right to a Written Notice or Referral and Storage and Retention of Sexual Assault Kits, provide additional information on sexual assault evidence kit collection.
Background
SB 5937 supports crime victims and witnesses by promoting victim-centered, trauma-informed responses. The bill addresses the Crime Victims Compensation Fund’s legal process regarding sexual assault and the rights of sexual assault survivors. The bill increases accessibility to examinations, sexual assault evidence kit collection, and treatment for sexual assault survivors. Additionally, the Department of Health is directed to establish a statewide forensic nurse coordination program to help alleviate barriers to sexual assault nurse examiner programs.
WSHA’s 2024 New Law Implementation Guide
Please visit WSHA’s new law implementation guide online. The Government Affairs team is hard at work preparing resources and information on the high priority bills that passed in 2024 to help members implement the new laws, as well as links to resources such as this bulletin. In addition, you will find the Government Affairs team’s schedule for release of upcoming resources on other laws and additional resources for implementation.
References:
- SB 5937: Relating to supporting crime victims and witnesses including amending the age of consent to receive medical forensic examinations and treatment for sexually transmitted diseases resulting from sexual assault.
- 125 RCW: Victims of Sexual Assault.
- RCW 7.68. 803: Examination costs for nonfatal strangulation paid by the state.
- RCW 7.68. 170: Examination costs of sexual assault victims paid by state.
- RCW 70.24.110: Age of consent to receive treatment for sexually transmitted diseases.
- RCW 70.41.367: Hospital notification of availability of sexual assault evidence kit collection.
- HB 1016: Hospital obligations regarding the availability of sexual assault evidence kit collection.
- WSHA Bulletin Availability of Sexual Assault Evidence Kit Collection (2022).
- WSHA Bulletin Right to a Written Notice or Referral (2021).
- WSHA Bulletin Storage and Retention of Sexual Assault Kits (2020).
[1] As of the publication of the bulletin, SB 5937 has not been codified into the Revised Code of Washington. Where available, the relevant statutory citation has been provided.
