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79R2110 EMT-F
By: Wentworth S.B. No. 388
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) "Department" means the Department of State Health
Services.
(2) "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.
(3) "Sexual assault" means any act as described by
Section 22.011 or 22.021, Penal Code.
(4) "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) A health
care facility shall submit to the department for approval a plan for
providing, at minimum, the services required by Section 322.005.
(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
322.005 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. COMMUNITY OR AREA-WIDE PLANS. (a) In
addition to submitting a plan as required under Section 322.002, a
health care facility may participate with another health care
facility, an entity administering a sexual assault program, a
district attorney's office, or a law enforcement agency, in a
community or area-wide plan to furnish emergency services to sexual
assault survivors on a community or area-wide basis.
(b) A health care facility participating in a community or
area-wide plan shall furnish the department with any written
agreements establishing the community or area-wide plan and
designating a primary health care facility for treating sexual
assault survivors.
Sec. 322.005. 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) conduct a forensic medical examination, subject to
Subsection (b); or
(2) transfer the survivor to the health care facility
designated as the primary health care facility for treating sexual
assault survivors, which shall conduct a forensic medical
examination, subject to Subsection (b), if the health care facility
at which the survivor arrives is not the primary health care
facility for sexual assault survivors as designated in a plan under
Section 322.004.
(b) A health care facility conducting a forensic medical
examination shall provide the sexual assault survivor with:
(1) a private area to wait or speak with the
appropriate medical, legal, or sexual assault crisis center staff
or volunteer, if available, until a physician, nurse, or physician
assistant is able to conduct the forensic medical examination;
(2) access to a sexual assault program advocate as
provided by Article 56.045, Code of Criminal Procedure;
(3) the information form required by Section 322.006;
(4) a private treatment room, if available, for the
forensic medical examination;
(5) appropriate forensic medical examinations and
laboratory tests, including the collection of biological specimens
and photographs of injuries, necessary to ensure the health,
safety, and welfare of the sexual assault survivor, in accordance
with evidence collection protocol under Subchapter B, Chapter 420,
Government Code;
(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 forensic medical examinations and treatment.
Sec. 322.006. 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 and an explanation of
the types of photographs of injuries that may be taken;
(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; and
(6) the name and telephone number of sexual assault
crisis centers statewide.
(b) A health care facility shall use the standard form
developed under this section.
Sec. 322.007. 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.