N.D. Cent. Code § 12.1-34-07
12.1-34-07. Medical screening and acute forensic medical examinations costs - Reimbursement by attorney general - Use of evidence
12.1-34-07. Medical screening and acute forensic medical examinations costs -
Reimbursement by attorney general - Use of evidence.
1.
An acute forensic medical examination is an examination performed on an alleged
victim of criminal sexual conduct or domestic violence for the purpose of gathering
evidence of an alleged crime and is performed within one hundred twenty hours after
the alleged crime unless good cause is shown for the delay in performing the
examination. When an acute forensic medical examination is performed, the costs
incurred by a health care facility or health care professional for performing the acute
forensic medical examination or any preliminary medical screening examination may
not be charged, either directly or through a third-party payer, to the alleged victim.
2.
A child forensic medical examination is an examination performed on an alleged child
victim of criminal sexual conduct, physical abuse, or neglect for the purpose of
gathering evidence of an alleged crime. When a child forensic medical examination is
performed, the costs incurred by a health care facility or health care professional for
performing the child forensic medical examination or any preliminary medical
screening examination may not be charged, either directly or through a third-party
payer, to the alleged child victim or the child's parent, guardian, or custodian.
3.
Upon submission of appropriate documentation, the attorney general, within the limits
of legislative appropriations, shall reimburse from the general fund the health care
facility or a health care professional for the reasonable costs incurred in performing the
medical screening and acute forensic medical examination. The attorney general,
subject to legislative appropriations, shall reimburse from the general fund each
accredited children's advocacy center located in the state for a forensic interview that
is not reimbursable by Medicaid or crime victims compensation.
4.
Evidence obtained during a medical examination under this section may not be used
against an alleged victim for the prosecution of the alleged victim for a separate
offense.