115.21(h) provides that “a qualified agency staff member or a qualified community-based staff member shall be an individual who has been screened for appropriateness to serve in this role and has received education concerning sexual assault and forensic examination issues in general.” Appropriateness should be based on factors such as temperament, background, interest level, listening skills, empathy, cultural competence, and schedule availability and not merely the person’s position such as psychology or counseling staff. In addition, it should be voluntary to take on this role. 

The regulations do not define “community-based organization.” The intent of the standard is for agencies to partner with a non-profit or tribal organization that serves sexual assault victims even if it is not the sole focus of the organization or a nonprofit organization that has a related purpose. Examples are other victim service agencies, culturally specific organizations, LGBTQ organizations, and other multi-service organizations.

Standard 115.5 defines a “medical practitioner” as “a health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice.” The definition goes on to provide that a “qualified medical practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.

The PREA Standards do not provide specific guidance regarding the classification of transgender and nonbinary staff; however, it is important to note that the PREA Standards do not prohibit facilities from classifying transgender employees consistent with their gender identity with regard to all aspects of their employment, including those related to PREA Standard 115.15.  For example, it does not violate the PREA standards for a staff member who is a transgender man to conduct strip searches of male inmates.