Sec. 1. 14 MRSA §171 is enacted to read:

§171.__Immunity for performance of forensic examination on

alleged victim of gross sexual assault

1.__Hospital or practitioner immune when consent of alleged victim obtained.__A licensed hospital or licensed health care practitioner is immune from criminal or civil liability for an act or omission in performing a forensic examination on an alleged victim of gross sexual assault if:

A.__The hospital or practitioner that conducts the examination uses a standard forensic examination kit pursuant to Title 25, section 2915;

B.__The hospital or practitioner conducts the examination using due care; and

C.__The hospital or practitioner obtains the consent of the alleged victim.

2.__Hospital or practitioner immune in absence of consent of alleged victim.__If a licensed hospital or licensed health care practitioner is unable to obtain consent to conduct a forensic examination of an alleged victim of gross sexual assault due to the victim's inability to consent or inability to decline consent, the hospital or health care practitioner is immune from criminal or civil liability for an act or omission in performing a forensic examination on an alleged victim of gross sexual assault if:

A.__The hospital or practitioner that conducts the examination uses a standard forensic examination kit pursuant to Title 25, section 2915;

B.__The hospital or practitioner conducts the examination using due care; and

C.__The examination is conducted under circumstances warranting a reasonable person to conclude that exigent circumstances justify conducting the examination in the absence of consent.

Any kit collected in accordance with this subsection must be collected anonymously and treated in accordance with Title 25, section 3821.