79(R) HB 677 - Senate Committee Report version


                                                                                


By:  Thompson, Anchia, et al.                                     H.B. No. 677
 
    (Senate Sponsor - Wentworth)                                             
	(In the Senate - Received from the House May 16, 2005; 
May 17, 2005, read first time and referred to Committee on Health 
and Human Services; May 20, 2005, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 7, 
Nays 0; May 20, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 677                                    By:  Deuell


A BILL TO BE ENTITLED

AN ACT


relating to emergency services for 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)  "Community-wide plan" means an agreement entered 
into between one or more health care facilities, entities 
administering a sexual assault program, district attorney's 
offices, or law enforcement agencies that designates one or more 
health care facilities in the community as a primary health care 
facility to furnish emergency medical services and evidence 
collection to sexual assault survivors on a community or area-wide 
basis.
		(2)  "Department" means the Department of State Health 
Services.     
		(3)  "Health care facility" means a general or special 
hospital licensed under Chapter 241 or a general or special 
hospital owned by this state.
		(4)  "Sexual assault" means any act as described by 
Section 22.011 or 22.021, Penal Code.
		(5)  "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.  PLAN FOR EMERGENCY SERVICES.  (a)  At the 
request of the department, a health care facility shall submit to 
the department for approval a plan for providing the services 
required by Section 322.004 to sexual assault survivors who arrive 
for treatment at the emergency department of the health care 
facility.
	(b)  The department shall adopt procedures for submission, 
approval, and modification of a plan required under this section.
	(c)  A health care facility shall submit the plan required by 
this section not later than the 60th day after the date the 
department requests the plan.
	(d)  The department shall approve or reject the plan not 
later than the 120th day after the date the plan is submitted.
	Sec. 322.003.  REJECTION OF PLAN.  (a)  If a plan required 
under Section 322.002 is not approved, the department shall:
		(1)  return the plan to the health care facility; and                  
		(2) identify the specific provisions under Section 
322.004 with which the plan conflicts or does not comply.
	(b)  Not later than the 90th day after the date the 
department returns a plan to a health care facility under 
Subsection (a), the facility shall correct and resubmit the plan to 
the department for approval.
	Sec. 322.004.  MINIMUM STANDARDS FOR EMERGENCY SERVICES.  
(a)  After a sexual assault survivor arrives at a health care 
facility following an alleged sexual assault, the facility shall:
		(1)  provide care to the survivor in accordance with 
Subsection (b); or
		(2)  stabilize and transfer the survivor to a health 
care facility designated in a community-wide plan as the primary 
health care facility in the community for treating sexual assault 
survivors, which shall provide care to the survivor in accordance 
with Subsection (b).
	(b)  A health care facility providing care to a sexual 
assault survivor shall provide the survivor with:
		(1)  a forensic medical examination in accordance with 
Subchapter B, Chapter 420, Government Code, if the examination has 
been approved by a law enforcement agency;
		(2)  a private area, if available, to wait or speak with 
the appropriate medical, legal, or sexual assault crisis center 
staff or volunteer until a physician, nurse, or physician assistant 
is able to treat the survivor;
		(3)  access to a sexual assault program advocate, if 
available, as provided by Article 56.045, Code of Criminal 
Procedure;
		(4)  the information form required by Section 322.005;                 
		(5)  a private treatment room, if available;                           
		(6)  if indicated by the history of contact, access to 
appropriate prophylaxis for exposure to sexually transmitted 
infections; and
		(7)  the name and telephone number of the nearest 
sexual assault crisis center.
	(c)  A health care facility must obtain documented consent 
before providing the forensic medical examination and treatment.
	Sec. 322.005.  INFORMATION FORM.  (a)  The department shall 
develop a standard information form for sexual assault survivors 
that must include:
		(1)  a detailed explanation of the forensic medical 
examination required to be provided by law, including a statement 
that photographs may be taken of the genitalia;
		(2)  information regarding treatment of sexually 
transmitted infections and pregnancy, including:
			(A)  generally accepted medical procedures;                           
			(B)  appropriate medications; and                                     
			(C)  any contraindications of the medications 
prescribed for treating sexually transmitted infections and 
preventing pregnancy;
		(3)  information regarding drug-facilitated sexual 
assault, including the necessity for an immediate urine test for 
sexual assault survivors who may have been involuntarily drugged;
		(4)  information regarding crime victims compensation, 
including:    
			(A)  a statement that a law enforcement agency 
will pay for the forensic portion of the examination; and
			(B)  reimbursement information for the medical 
portion of the examination;
		(5)  an explanation that consent for the forensic 
medical examination may be withdrawn at any time during the 
examination;
		(6)  the name and telephone number of sexual assault 
crisis centers statewide; and
		(7)  information regarding postexposure prophylaxis 
for HIV infection.
	(b)  A health care facility shall use the standard form 
developed under this section.
	(c)  An individual employed by or under contract with a 
health care facility may refuse to provide the information form 
required by this section for ethical or religious reasons.  If an 
individual employed by or under contract with a health care 
facility refuses to provide the survivor with the information form, 
the health care facility must ensure that the information form is 
provided without delay to the survivor by another individual 
employed by or under contract with the facility.
	Sec. 322.006.  INSPECTION.  The department may conduct an 
inspection of a health care facility to ensure compliance with this 
chapter.
	SECTION 2.  This Act takes effect September 1, 2005.                           



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