83R9093 JSC-D
 
  By: Davis S.B. No. 1191
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the care provided to a sexual assault survivor by a
  health care facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 323.004, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsections (a-1),
  (a-2), 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
               (2)  the survivor is entitled, at the survivor's
  option:
                     (A)  to receive the care described by Subsection
  (b) at that facility; 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 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 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).
         (d)  If telemedicine is used in the treatment described by
  Subsection (b) provided to a sexual assault survivor, the facility
  shall comply with Section 531.02161, Government Code, and any rules
  adopted under that section.
         SECTION 2.  This Act takes effect September 1, 2013.