79R2111 EMT-F

By:  Thompson                                                     H.B. No. 676



A BILL TO BE ENTITLED

AN ACT

relating to providing information and other services relating to 
emergency contraception to sexual assault survivors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle G, Title 4, Health and Safety Code, is 
amended by adding Chapter 322 to read as follows:
	CHAPTER 322.  EMERGENCY SERVICES FOR SURVIVORS OF SEXUAL ASSAULT
	Sec. 322.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Health care facility" means:                                     
			(A)  a general or special hospital as defined by 
Section 241.003;   
			(B)  an ambulatory surgical center as defined by 
Section 243.002; and
			(C)  a facility designated as a trauma facility 
under Chapter 773.  
		(2)  "Sexual assault" means any act as described by 
Section 22.011 or 22.021, Penal Code.
		(3)  "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. 322.002.  INFORMATION FORM.  (a)  Each health care 
facility shall develop an information form for sexual assault 
survivors that includes information regarding emergency 
contraception.
	(b)  Emergency contraception information contained in the 
form must be medically and factually accurate and unbiased.  A 
health care facility may use appropriate medical organizations and 
associations, including the American College of Obstetricians and 
Gynecologists, as resources in developing the form.
	(c)  The information form shall be published in:                        
		(1)  an easily comprehensible form; and                                
		(2)  a typeface large enough to be clearly legible.                    
	(d)  The governing body or other managing authority of a 
health care facility shall annually review the information form to 
determine if changes to the contents of the form are necessary.
	Sec. 322.003.  EMERGENCY SERVICES RELATING TO EMERGENCY 
CONTRACEPTION.  After a sexual assault survivor arrives at a health 
care facility for emergency care following an alleged sexual 
assault, the facility shall:
		(1)  provide the sexual assault survivor with the 
information form required under Section 322.002;
		(2)  orally communicate to the sexual assault survivor 
the information regarding emergency contraception contained in the 
information form provided under Subdivision (1);
		(3)  if indicated by the history of contact, orally 
inform the sexual assault survivor that the survivor may request 
and be provided with a prescription for emergency contraception at 
the facility; and
		(4)  if indicated by the history of contact and if not 
medically contraindicated, provide the sexual assault survivor 
with a prescription for emergency contraception immediately on 
request of the survivor.
	SECTION 2.  This Act takes effect September 1, 2005.