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A BILL TO BE ENTITLED
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AN ACT
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relating to information and contraceptives provided to a sexual |
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assault survivor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 323.004, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (e) to |
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read as follows: |
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(b) A health care facility providing care to a sexual |
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assault survivor shall provide the survivor with: |
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(1) subject to Subsection (b-1), a forensic medical |
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examination in accordance with Subchapter B, Chapter 420, |
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Government Code, if the examination has been requested by a law |
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enforcement agency under Article 56.06, Code of Criminal Procedure, |
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or is conducted under Article 56.065, Code of Criminal Procedure; |
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(2) a private area, if available, to wait or speak with |
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the appropriate medical, legal, or sexual assault crisis center |
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staff or volunteer until a physician, nurse, or physician assistant |
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is able to treat the survivor; |
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(3) access to a sexual assault program advocate, if |
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available, as provided by Article 56.045, Code of Criminal |
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Procedure; |
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(4) the information form required by Section 323.005; |
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(5) a private treatment room, if available; |
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(6) if indicated by the history of contact, access to |
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appropriate prophylaxis for exposure to sexually transmitted |
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infections; [and] |
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(7) the name and telephone number of the nearest |
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sexual assault crisis center; |
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(8) medically accurate information about the services |
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this state provides to sexual assault survivors, including |
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information necessary for the survivor to make an informed decision |
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on emergency and nonemergency contraceptives; |
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(9) emergency contraceptives provided at no cost to |
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the survivor; |
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(10) a nonemergency contraceptive of the survivor's |
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choice provided at no cost to the survivor; and |
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(11) if necessary, a list of clinics in the survivor's |
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geographic area that provide follow-up services related to the |
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contraceptive provided to the survivor under Subdivision (10). |
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(e) A health care facility providing a contraceptive to a |
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sexual assault survivor under Subsection (b)(9) or (10) may apply |
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to the Health and Human Services Commission in the form and manner |
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provided by commission rule for reimbursement of the cost of the |
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contraceptive and any related medical expenses incurred by the |
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facility related to providing the contraceptive. The commission |
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shall reimburse a facility if the facility timely provides a |
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complete application to the commission. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Section 323.004, Health and Safety Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |