|
|
|
|
AN ACT
|
|
relating to the duties of health care facilities, health care |
|
providers, and the Department of State Health Services with respect |
|
to care provided to a sexual assault survivor in an emergency |
|
department of a health care facility. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subsection (a), Section 323.002, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) Each health care facility that has an emergency |
|
department shall comply with Section 323.004. At the request of the |
|
department, a health care facility that has an emergency department |
|
shall submit to the department for approval a plan for providing the |
|
services required by Section 323.004 to sexual assault survivors |
|
who arrive for treatment at the emergency department of the health |
|
care facility. |
|
SECTION 2. Section 323.004, Health and Safety Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsections |
|
(a-1), (a-2), (b-1), and (d) to read as follows: |
|
(a) Except as otherwise provided by Subsection (a-2), after |
|
[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). |
|
(a-1) A facility that is not a health care facility |
|
designated in a community-wide plan as the primary health care |
|
facility in the community for treating sexual assault survivors |
|
shall inform the survivor that: |
|
(1) the facility is not the designated facility and |
|
provide to the survivor the name and location of the designated |
|
facility; and |
|
(2) the survivor is entitled, at the survivor's |
|
option: |
|
(A) to receive the care described by Subsection |
|
(b) at that facility, subject to Subsection (b-1); or |
|
(B) to be stabilized and to be transferred to and |
|
receive the care described by Subsection (b) at a health care |
|
facility designated in a community-wide plan as the primary health |
|
care facility in the community for treating sexual assault |
|
survivors. |
|
(a-2) If a sexual assault survivor chooses to be transferred |
|
under Subsection (a-1)(2)(B), after obtaining the survivor's |
|
written, signed consent to the transfer, the facility shall[; or
|
|
[(2)] stabilize and transfer the survivor to a health |
|
care facility in the community 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) subject to Subsection (b-1), a forensic medical |
|
examination in accordance with Subchapter B, Chapter 420, |
|
Government Code, if the examination has been requested by a law |
|
enforcement agency under Article 56.06, Code of Criminal Procedure, |
|
or is conducted under Article 56.065, Code of Criminal Procedure; |
|
(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 323.005; |
|
(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. |
|
(b-1) A person may not perform a forensic examination on a |
|
sexual assault survivor unless the person has the basic training |
|
described by Section 323.0045 or the equivalent education and |
|
training. |
|
(d) This section does not affect the duty of a health care |
|
facility to comply with the requirements of the federal Emergency |
|
Medical Treatment and Active Labor Act of 1986 (42 U.S.C. Section |
|
1395dd) that are applicable to the facility. |
|
SECTION 3. Chapter 323, Health and Safety Code, is amended |
|
by adding Section 323.0045 to read as follows: |
|
Sec. 323.0045. BASIC SEXUAL ASSAULT FORENSIC EVIDENCE |
|
COLLECTION TRAINING. (a) A person who performs a forensic |
|
examination on a sexual assault survivor must have at least basic |
|
forensic evidence collection training or the equivalent education. |
|
(b) A person who completes a continuing medical or nursing |
|
education course in forensic evidence collection that is approved |
|
or recognized by the appropriate licensing board is considered to |
|
have basic sexual assault forensic evidence training for purposes |
|
of this chapter. |
|
(c) Each health care facility that has an emergency |
|
department and that is not a health care facility designated in a |
|
community-wide plan as the primary health care facility in the |
|
community for treating sexual assault survivors shall develop a |
|
plan to train personnel on sexual assault forensic evidence |
|
collection. |
|
SECTION 4. Chapter 323, Health and Safety Code, is amended |
|
by adding Sections 323.007 and 323.008 to read as follows: |
|
Sec. 323.007. SEXUAL ASSAULT SURVIVORS WHO ARE MINORS. |
|
This chapter does not affect participating entities of children's |
|
advocacy centers under Subchapter E, Chapter 264, Family Code, or |
|
the working protocols set forth by their multidisciplinary teams to |
|
ensure access to specialized medical assessments for sexual assault |
|
survivors who are minors. To the extent of a conflict with |
|
Subchapter E, Chapter 264, Family Code, that subchapter controls. |
|
Sec. 323.008. DATA PUBLICATION. The department shall post |
|
on the department's Internet website a list of all hospitals that |
|
are designated in a community-wide plan as the primary health care |
|
facility in the community for treating sexual assault survivors. |
|
SECTION 5. This Act takes effect September 1, 2013. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1191 passed the Senate on |
|
May 1, 2013, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1191 passed the House on |
|
May 8, 2013, by the following vote: Yeas 147, Nays 0, two present |
|
not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |