SRC-VRA S.B. 1393 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1393
78R5373 EMT-FBy: Wentworth, Hinojosa
Health & Human Services
4/1/2003
As Filed


DIGEST AND PURPOSE 

Currently, hospitals are not required to develop a standardized plan for
treating the victims of sexual assault.  As proposed, S.B. 1393 requires
hospitals to develop a standardized plan and to provide certain emergency
services to a survivor of sexual assault. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 241, Health and Safety Code, by adding
Subchapter H, as follows: 

SUBCHAPTER H.  EMERGENCY SERVICES FOR SURVIVORS OF SEXUAL ASSUALT

 Sec.  241.181.  DEFINITIONS.  Defines "sexual assault" and "sexual
assault survivor." 

Sec.  241.182.  FURNISHING OF EMERGENCY SERVICES.  Requires a hospital
required to be licensed under this chapter to provide emergency services
to a sexual assault survivor in accordance with this subchapter. 

Sec.  241.183.  INITIAL ASSESSMENT.  (a)  Requires the appropriate medical
personnel and staff person as soon as practicable, when a survivor of an
alleged sexual assault arrives at a hospital, to perform certain tasks. 

(b)  Requires the hospital to maintain documentation of the duties and
functions performed by hospital staff and medical personnel under this
section.  

Sec.  241.184.  CONSULTATION BEFORE EXAMINATION.  Requires the appropriate
staff person to perform certain tasks during a consultation with a sexual
assault survivor before an examination is conducted. 

Sec.  241.185.  MEDICAL EXAMINATION AND TESTS.  Authorizes the attending
physician, with the informed consent of the sexual assault survivor, to
perform a medical examination or test including certain procedures. 

Sec.  241.186.  TREATMENT FOLLOWING MEDICAL EXAMINATION AND TESTS.
Requires the attending physician or other appropriate medical personnel,
after the medical examination or tests are completed, to perform certain
tasks, if necessary. 

Sec.  241.187.  REFERRAL FOR FOLLOW-UP CARE.  Requires the appropriate
staff person, at the conclusion of all examinations, necessary diagnostic
testing, and treatment, to provide the sexual assault survivor with an
oral and written referral to a local sexual assault crisis center, if
available, and any other appropriate referral for follow-up care
concerning the medical and psychological well-being of the survivor.   

 SECTION 2.  Effective date:  September 1, 2003.