78R5373 EMT-F

By:  Wentworth                                                    S.B. No. 1393



A BILL TO BE ENTITLED

AN ACT

relating to hospital emergency services for sexual assault 
survivors.       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 241, Health and Safety Code, is amended 
by adding Subchapter H to read as follows:

SUBCHAPTER H.  EMERGENCY SERVICES FOR SURVIVORS OF SEXUAL ASSAULT
	Sec. 241.181.  DEFINITIONS.  In this subchapter:                        
		(1)  "Sexual assault" means any act as described by 
Section 22.011 or 22.021, Penal Code.
		(2)  "Sexual assault survivor" means an individual who 
is a victim of a sexual assault, regardless of whether a report is 
made or a conviction is obtained in the incident.
	Sec. 241.182.  FURNISHING OF EMERGENCY SERVICES.   A 
hospital required to be licensed under this chapter shall provide 
emergency services to a sexual assault survivor in accordance with 
this subchapter.
	Sec. 241.183.  INITIAL ASSESSMENT.  (a)  When a survivor of 
an alleged sexual assault arrives at a hospital, the appropriate 
medical personnel and staff person as soon as practicable shall:
		(1)  assess and treat any immediate life-threatening 
injuries;       
		(2)  contact a sexual assault crisis center, if 
available in the geographical area served by the hospital, to 
inform the on-call advocate that a person who has allegedly been 
sexually assaulted has arrived at the hospital for an examination; 
and
		(3)  once the survivor is determined to be medically 
stable, provide the survivor with a private room to speak with 
medical or law enforcement personnel or with a staff person or 
volunteer of any available sexual assault crisis center.
	(b)  The hospital must maintain documentation of the duties 
and functions performed by hospital staff and medical personnel 
under this section.
	Sec. 241.184.  CONSULTATION BEFORE EXAMINATION.  During a 
consultation with a sexual assault survivor before an examination 
is conducted, the appropriate staff person shall:
		(1)  ask whether the survivor would prefer to have an 
available sexual assault crisis center advocate present for the 
examination;
		(2)  inform the survivor that any statement made to a 
physician, nurse, other hospital personnel, law enforcement 
personnel, or sexual assault crisis center advocate during the 
interview and evidence collection process is not privileged and may 
be disclosed;
		(3)  inform the survivor of the necessity for a 
physical examination without regard to whether the survivor chooses 
to have the evidence collected for use in a criminal investigation;
		(4)  provide a detailed explanation of the purpose and 
procedure of a forensic medical examination and evidence collection 
protocol under Subchapter B, Chapter 420, Government Code, 
including:
			(A)  the likelihood of being interviewed by law 
enforcement personnel; and
			(B)  the effect on a criminal prosecution if a 
forensic medical examination is not performed;
		(5)  advise the survivor that a forensic medical 
examination shall be conducted free of charge, but costs related to 
medical treatment may be incurred for which the survivor may be 
responsible;
		(6)  inform the survivor that the survivor may withdraw 
consent for the forensic medical examination and evidence 
collection protocol at any time during the examination;
		(7)  obtain written consent from the survivor for a 
physical examination, treatment, forensic medical examination, and 
collection of evidence, including photographs of injuries; and
		(8)  provide appropriate oral and written information 
on all hospital policies and procedures, including treatment by 
physicians and the prescribing of medication with regard to 
treatment.
	Sec. 241.185.  MEDICAL EXAMINATION AND TESTS.  With the 
informed consent of the sexual assault survivor, the attending 
physician may perform a medical examination or test including:
		(1)  a forensic medical examination performed in 
accordance with evidence collection protocol under Subchapter B, 
Chapter 420, Government Code, which may include a photograph of any 
injury, including an injury to the genitalia, that may be used as 
evidence in a criminal proceeding against a person accused of the 
alleged sexual assault;
		(2)  a physical examination as required to ensure the 
health, safety, and welfare of the survivor; or
		(3)  proper testing for sexually transmitted diseases 
and pregnancy, if necessary.
	Sec. 241.186.  TREATMENT FOLLOWING MEDICAL EXAMINATION AND 
TESTS.  After the medical examination or tests are completed, the 
attending physician or other appropriate medical personnel shall, 
if necessary:
		(1)  treat any physical injuries suffered by the 
survivor;           
		(2)  supply prophylactic antibiotics for treatment of 
any sexually transmitted disease and possible contraindications of 
that medication; and
		(3)  provide postcoital contraception for pregnancy 
prevention.      
	Sec. 241.187.  REFERRAL FOR FOLLOW-UP CARE.  At the 
conclusion of all examinations, necessary diagnostic testing, and 
treatment, the appropriate staff person shall 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.  This Act takes effect September 1, 2003.