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SECTION 1. Section 323.001,
Health and Safety Code, is amended by adding Subdivision (3-a) to read as
follows:
(3-a) "SAFE-ready
facility" means a health care facility designated as a sexual assault
forensic exam-ready facility under Section 323.0015.
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SECTION 1. Section 323.001,
Health and Safety Code, is amended by amending Subdivision (3) and adding
Subdivisions (3-a) and (4-a) to read as follows:
(3)
"Health care facility" means a general or special hospital
licensed under Chapter 241, [or] a general or special
hospital owned by this state, or a freestanding emergency medical care
facility licensed under Chapter 254.
(3-a) "SAFE-ready
facility" means a health care facility designated as a sexual assault
forensic exam-ready facility under Section 323.0015.
(4-a) "Sexual assault forensic examiner" means a
certified sexual assault nurse examiner or a physician with specialized
training on conducting a forensic medical examination.
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SECTION 2. Chapter 323,
Health and Safety Code, is amended by adding Section 323.0015 to read as
follows:
Sec. 323.0015. SAFE-READY
FACILITIES. The department shall designate a health care facility as a
sexual assault forensic exam-ready facility, or SAFE-ready facility, if the
facility employs or contracts with a certified
sexual assault nurse examiner or specially trained physician to be available
to perform a forensic medical examination on a sexual assault survivor 24 hours a day, seven days a week.
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SECTION 2. Chapter 323,
Health and Safety Code, is amended by adding Section 323.0015 to read as
follows:
Sec. 323.0015. SAFE-READY
FACILITIES. The department shall designate a health care facility as a
sexual assault forensic exam-ready facility, or SAFE-ready facility, if the facility notifies the department that
the facility employs or contracts with a sexual assault forensic examiner or uses a telemedicine system of sexual
assault forensic examiners to provide consultation to a licensed nurse or
physician when conducting a sexual assault forensic medical
examination.
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SECTION 3. Section 323.004,
Health and Safety Code, is amended by amending Subsections (a-1) and (a-2)
and adding Subsection (a-3) to read as follows:
(a-1) A facility that is not
a SAFE-ready [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 sexual
assault survivor that:
(1) the facility is not a
SAFE-ready [the designated] facility and provide to the survivor
the name and location of the closest SAFE-ready [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 SAFE-ready
[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 stabilize and transfer the survivor to a SAFE-ready [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).
(a-3) A health care
facility that is not a SAFE-ready facility shall develop and submit to the department a transportation plan for a
sexual assault survivor who chooses to be transferred to a SAFE-ready
facility under Subsection (a-1)(2)(B). The transportation plan must
include procedures for:
(1) transporting the survivor, including a survivor with a
disability, to a SAFE-ready facility regardless of the survivor's ability
to pay;
(2) maintaining survivor confidentiality;
(3) returning the survivor to the survivor's residence or a
safe place agreed to by the survivor after the forensic medical
examination;
(4) obtaining confirmation before the survivor is transferred
that the SAFE-ready facility is able to provide a forensic medical
examination to the survivor;
(5) providing the name of a liaison at the receiving SAFE-ready
facility who will be available to the survivor should the survivor seek
help;
(6) minimizing the survivor's travel and waiting times; and
(7) to the extent possible, minimizing additional trauma to the
survivor.
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SECTION 3. Section 323.004,
Health and Safety Code, is amended by amending Subsections (a-1) and (a-2)
and adding Subsection (a-3) to read as follows:
(a-1) A facility that is not
a SAFE-ready [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 sexual
assault survivor that:
(1) the facility is not a
SAFE-ready [the designated] facility and provide to the survivor
the name and location of the closest SAFE-ready [designated]
facility and the information form
required by Section 323.0051; 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 SAFE-ready
[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 stabilize and transfer the survivor to a SAFE-ready [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).
(a-3) Before transferring a sexual assault survivor,
a health care facility that is not a SAFE-ready facility shall contact the SAFE-ready facility to which the
survivor will be transferred to confirm a sexual assault forensic examiner
is available at that facility.
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No
equivalent provision.
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SECTION 5. Chapter 323,
Health and Safety Code, is amended by adding Section 323.0051 to read as
follows:
Sec. 323.0051.
INFORMATION FORM FOR SEXUAL ASSAULT SURVIVORS AT CERTAIN FACILITIES. (a)
The department shall develop a standard information form for sexual assault
survivors who arrive at a health care facility that is not a SAFE-ready
facility. The information form must include:
(1) information regarding
the benefits of a forensic medical examination conducted by a sexual
assault forensic examiner;
(2) the Internet website
address to the department's list of SAFE-ready facilities that includes the
facilities' physical addresses as required by Section 323.008;
(3) the following
statements:
(A) "As a survivor
of sexual assault, you have the right to receive a forensic medical
examination at this hospital emergency room if you are requesting the
examination not later than 96 hours after the assault.";
(B) "A report to law
enforcement is not required, but if you make a report, law enforcement must
first authorize the examination."; and
(C) "Call
1-800-656-HOPE to be connected to a rape crisis center for free and
confidential assistance."; and
(4) information on the
procedure for submitting a complaint against the health care facility.
(b) A health care
facility that is not a SAFE-ready facility shall provide the standard information
form developed under this section to each sexual assault survivor who
arrives at the facility.
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SECTION 5. Section 323.008,
Health and Safety Code, is amended to read as follows:
Sec. 323.008. DATA
PUBLICATION. The department shall post on the department's Internet
website a list of all hospitals that are designated as SAFE-ready
facilities [in a community-wide plan as the primary health care
facility in the community for treating sexual assault survivors]. The
department shall update the list annually.
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SECTION 6. Section 323.008,
Health and Safety Code, is amended to read as follows:
Sec. 323.008. DATA
PUBLICATION. The department shall post on the department's Internet
website a list of all hospitals that are designated as SAFE-ready facilities and the facilities' physical
addresses [in a community-wide plan as the primary health
care facility in the community for treating sexual assault survivors]. The
department shall update the list annually. To
the extent possible, the department shall collect the data required by this
section as part of a survey required by the department under other law.
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No
equivalent provision.
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SECTION 8. (a) Not later
than January 1, 2018, the Department of State Health Services shall develop
the information form required by Section 323.0051, Health and Safety Code,
as added by this Act.
(b) Notwithstanding Section
323.0051, Health and Safety Code, as added by this Act, a health care
facility is not required to comply with that section until January 1, 2018.
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