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A BILL TO BE ENTITLED
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AN ACT
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relating to the care and transportation provided to a sexual |
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assault survivor by a health care facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 323.001, Health and Safety Code, is |
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amended by adding Subdivision (3-a) to read as follows: |
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(3-a) "SAFE-ready facility" means a health care |
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facility designated as a sexual assault forensic exam-ready |
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facility under Section 323.0015. |
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SECTION 2. Chapter 323, Health and Safety Code, is amended |
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by adding Section 323.0015 to read as follows: |
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Sec. 323.0015. SAFE-READY FACILITIES. The department shall |
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designate a health care facility as a sexual assault forensic |
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exam-ready facility, or SAFE-ready facility, if the facility |
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employs or contracts with a certified sexual assault nurse examiner |
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or specially trained physician to be available to perform a |
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forensic medical examination on a sexual assault survivor 24 hours |
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a day, seven days a week. |
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SECTION 3. Section 323.004, Health and Safety Code, is |
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amended by amending Subsections (a-1) and (a-2) and adding |
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Subsection (a-3) to read as follows: |
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(a-1) A facility that is not a SAFE-ready [health care] |
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facility [designated in a community-wide plan as the primary health
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care facility in the community for treating sexual assault
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survivors] shall inform the sexual assault survivor that: |
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(1) the facility is not a SAFE-ready [the designated] |
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facility and provide to the survivor the name and location of the |
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closest SAFE-ready [designated] facility; and |
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(2) the survivor is entitled, at the survivor's |
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option: |
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(A) to receive the care described by Subsection |
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(b) at that facility, subject to Subsection (b-1); or |
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(B) to be stabilized and to be transferred to and |
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receive the care described by Subsection (b) at a SAFE-ready |
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[health care] facility [designated in a community-wide plan as the
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primary health care facility in the community for treating sexual
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assault survivors]. |
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(a-2) If a sexual assault survivor chooses to be transferred |
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under Subsection (a-1)(2)(B), after obtaining the survivor's |
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written, signed consent to the transfer, the facility shall |
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stabilize and transfer the survivor to a SAFE-ready [health care] |
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facility [in the community designated in a community-wide plan as
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the primary health care facility in the community for treating
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sexual assault survivors], which shall provide care to the survivor |
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in accordance with Subsection (b). |
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(a-3) A health care facility that is not a SAFE-ready |
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facility shall develop and submit to the department a |
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transportation plan for a sexual assault survivor who chooses to be |
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transferred to a SAFE-ready facility under Subsection (a-1)(2)(B). |
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The transportation plan must include procedures for: |
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(1) transporting the survivor, including a survivor |
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with a disability, to a SAFE-ready facility regardless of the |
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survivor's ability to pay; |
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(2) maintaining survivor confidentiality; |
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(3) returning the survivor to the survivor's residence |
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or a safe place agreed to by the survivor after the forensic medical |
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examination; |
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(4) obtaining confirmation before the survivor is |
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transferred that the SAFE-ready facility is able to provide a |
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forensic medical examination to the survivor; |
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(5) providing the name of a liaison at the receiving |
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SAFE-ready facility who will be available to the survivor should |
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the survivor seek help; |
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(6) minimizing the survivor's travel and waiting |
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times; and |
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(7) to the extent possible, minimizing additional |
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trauma to the survivor. |
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SECTION 4. Section 323.0045(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) Each health care facility that has an emergency |
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department and that is not a SAFE-ready [health care] facility |
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[designated in a community-wide plan as the primary health care
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facility in the community for treating sexual assault survivors] |
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shall develop a plan to train personnel on sexual assault forensic |
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evidence collection. |
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SECTION 5. Section 323.008, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 323.008. DATA PUBLICATION. The department shall post |
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on the department's Internet website a list of all hospitals that |
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are designated as SAFE-ready facilities [in a community-wide plan
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as the primary health care facility in the community for treating
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sexual assault survivors]. The department shall update the list |
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annually. |
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SECTION 6. Section 323.001(1), Health and Safety Code, is |
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repealed. |
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SECTION 7. This Act takes effect September 1, 2017. |