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A BILL TO BE ENTITLED
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AN ACT
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relating to required training and continuing education |
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requirements for persons who provide medical care or other support |
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to survivors of sexual assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 420.011(c), Government Code, is amended |
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to read as follows: |
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(c) The attorney general shall adopt rules establishing |
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minimum standards for the certification of a sexual assault nurse |
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examiner and the renewal of that certification by the nurse |
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examiner, including standards for examiner training courses and for |
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the interstate reciprocity of sexual assault nurse examiners. The |
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certification is valid for three [two] years from the date of |
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issuance. The attorney general shall also adopt rules establishing |
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minimum standards for the suspension, decertification, or |
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probation of a sexual assault nurse examiner who violates this |
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chapter. |
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SECTION 2. Section 323.002(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Each health care facility that has an emergency |
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department shall comply with Sections 323.004 and 323.0044. At the |
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request of the department, a health care facility that has an |
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emergency department shall submit to the department for approval a |
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plan for providing the services required by Section 323.004 to |
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sexual assault survivors who arrive for treatment at the emergency |
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department of the health care facility. Each health care facility |
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that is not a SAFE-ready facility shall include in the plan |
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submitted under this subsection the facility's written policies |
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developed under Sections 323.0045(c) and 323.0046(c). |
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SECTION 3. Section 323.0045, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 323.0045. BASIC SEXUAL ASSAULT FORENSIC EVIDENCE |
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COLLECTION TRAINING. (a) A person who performs a forensic medical |
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examination on a sexual assault survivor must complete [have] at |
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least two hours of basic forensic evidence collection training or |
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the equivalent education that conforms to the evidence collection |
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protocol developed by the attorney general under Section 420.031, |
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Government Code. |
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(b) A person who completes a continuing medical or nursing |
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education course in forensic evidence collection described by |
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Section 156.057, 204.1563, or 301.306, Occupations Code, that is |
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approved or recognized by the appropriate licensing board is |
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considered to have completed basic [sexual assault] forensic |
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evidence collection training for purposes of this chapter. |
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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 facility shall develop a |
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written policy [plan] to ensure that a person described by |
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Subsection (a) completes training on basic [train personnel on |
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sexual assault] forensic evidence collection in accordance with |
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this section. |
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SECTION 4. Subchapter A, Chapter 323, Health and Safety |
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Code, is amended by adding Section 323.0046 to read as follows: |
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Sec. 323.0046. BASIC SEXUAL ASSAULT RESPONSE POLICY AND |
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TRAINING FOR CERTAIN HEALTH CARE FACILITY PERSONNEL. (a) A health |
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care facility that has an emergency department shall provide at |
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least one hour of basic sexual assault response training to |
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facility employees who provide patient admission functions, |
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patient-related administrative support functions, or direct |
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patient care. The training must include instruction on: |
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(1) the provision of survivor-centered, |
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trauma-informed care to sexual assault survivors; and |
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(2) the rights of sexual assault survivors under |
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Chapter 56A, Code of Criminal Procedure, including: |
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(A) the availability of a forensic medical |
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examination, including an examination that is available when a |
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sexual assault survivor does not report the assault to a law |
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enforcement agency; and |
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(B) the role of an advocate as defined by Section |
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420.003, Government Code, in responding to a sexual assault |
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survivor. |
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(b) An employee described by Subsection (a) who completes a |
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continuing medical or nursing education course in forensic evidence |
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collection described by Section 156.057, 204.1563, or 301.306, |
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Occupations Code, that is approved or recognized by the appropriate |
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licensing board is considered to have completed basic sexual |
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assault response training for purposes of this section. |
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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 facility shall develop a |
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written policy to ensure that all appropriate facility personnel |
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complete the basic sexual assault response training required by |
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Subsection (a). |
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SECTION 5. Section 156.057, Occupations Code, is amended to |
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read as follows: |
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Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE |
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COLLECTION. (a) A physician licensed under this subtitle who |
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submits an application for renewal of a license to practice |
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medicine and whose practice includes treating patients in an |
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emergency room setting shall [may] complete at least two hours of |
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continuing medical education relating to: |
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(1) the provision of trauma-informed care to sexual |
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assault survivors; |
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(2) appropriate community referrals and prophylactic |
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medications; |
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(3) the rights of a sexual assault survivor under |
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Chapter 56A, Code of Criminal Procedure, including the opportunity |
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to request the presence of an advocate as defined by Section |
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420.003, Government Code, and a forensic medical examination; |
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(4) forensic evidence collection methods; and |
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(5) applicable state law pertaining to the custody, |
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transfer, and tracking of forensic evidence. |
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(b) The board shall adopt rules to establish the content of |
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continuing medical education relating to forensic evidence |
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collection. The content of the continuing medical education must |
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conform to the evidence collection protocol distributed by the |
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attorney general under Section 420.031, Government Code. The board |
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may adopt other rules to implement this section. |
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SECTION 6. Subchapter D, Chapter 204, Occupations Code, is |
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amended by adding Section 204.1563 to read as follows: |
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Sec. 204.1563. CONTINUING EDUCATION IN FORENSIC EVIDENCE |
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COLLECTION. (a) A physician assistant licensed under this chapter |
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whose practice includes treating patients in an emergency room |
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setting shall complete at least two hours of continuing medical |
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education relating to: |
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(1) the provision of trauma-informed care to sexual |
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assault survivors; |
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(2) appropriate community referrals and prophylactic |
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medications; |
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(3) the rights of a sexual assault survivor under |
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Chapter 56A, Code of Criminal Procedure, including the opportunity |
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to request the presence of an advocate as defined by Section |
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420.003, Government Code, and a forensic medical examination; |
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(4) forensic evidence collection methods; and |
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(5) state law pertaining to the custody, transfer, and |
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tracking of forensic evidence. |
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(b) The content of the continuing medical education |
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relating to forensic evidence collection must conform to the |
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evidence collection protocol distributed by the attorney general |
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under Section 420.031, Government Code. |
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SECTION 7. Sections 301.306(a) and (c), Occupations Code, |
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are amended to read as follows: |
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(a) As part of continuing education requirements under |
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Section 301.303, a license holder who is employed to work in an |
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emergency room setting and who is required under board rules to |
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comply with this section shall complete at least two hours of |
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continuing education relating to: |
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(1) the provision of trauma-informed care to sexual |
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assault survivors; |
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(2) appropriate community referrals and prophylactic |
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medications; |
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(3) the rights of a sexual assault survivor, including |
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the opportunity to request the presence of an advocate as defined by |
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Section 420.003, Government Code, and a forensic medical |
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examination under Chapter 56A, Code of Criminal Procedure; |
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(4) forensic evidence collection methods; and |
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(5) state law pertaining to the custody, transfer, and |
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tracking of forensic evidence [relating to forensic evidence |
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collection not later than: |
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[(1) September 1, 2008; or |
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[(2) the second anniversary of the initial |
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issuance of a license under this chapter to the license holder]. |
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(c) The board shall adopt rules to identify the license |
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holders who are required to complete continuing education under |
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Subsection (a) and to establish the content of that continuing |
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education. The content of the continuing education relating to |
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forensic evidence collection must conform to the evidence |
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collection protocol distributed by the attorney general under |
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Section 420.031, Government Code. The board may adopt other rules |
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to implement this section, including rules under Section 301.303(c) |
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for the approval of education programs and providers. |
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SECTION 8. Section 420.011(c), Government Code, as amended |
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by this Act, applies only to an application for renewal of a sexual |
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assault nurse examiner certificate filed on or after the effective |
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date of this Act. An application for renewal of a certificate filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the application was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 9. (a) Section 323.002(a), Health and Safety Code, |
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as amended by this Act, applies only to a report requested by the |
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Department of State Health Services on or after January 1, 2024. |
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(b) Section 323.0045(a), Health and Safety Code, as amended |
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by this Act, applies only to a forensic medical examination that |
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occurs on or after December 1, 2023. A forensic medical examination |
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that occurs before the effective date of this Act is governed by the |
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law as it existed immediately before that date, and the former law |
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is continued in effect for that purpose. |
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(c) Not later than December 1, 2023, a health care facility |
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that has an emergency department shall develop the written policies |
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required by Section 323.0045(c), Health and Safety Code, as amended |
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by this Act, and Section 323.0046(c), Health and Safety Code, as |
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added by this Act. |
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(d) Notwithstanding Section 323.0046(a), Health and Safety |
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Code, as added by this Act, a health care facility that has an |
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emergency department is not required to comply with that subsection |
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until December 1, 2023. |
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SECTION 10. Sections 156.057 and 301.306, Occupations Code, |
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as amended by this Act, and Section 204.1563, Occupations Code, as |
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added by this Act, apply to an application for the renewal of a |
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license filed on or after September 1, 2024. An application for the |
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renewal of a license filed before that date is governed by the law |
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in effect on the date the application was filed, and the former law |
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is continued in effect for that purpose. |
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SECTION 11. Not later than June 1, 2024, the Texas Medical |
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Board shall adopt the rules required by Section 156.057, |
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Occupations Code, as amended by this Act. |
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SECTION 12. Not later than June 1, 2024, the Texas Physician |
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Assistant Board shall adopt the rules required by Section 204.1563, |
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Occupations Code, as added by this Act. |
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SECTION 13. Not later than June 1, 2024, the Texas Board of |
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Nursing shall adopt the rules required by Section 301.306, |
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Occupations Code, as amended by this Act. |
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SECTION 14. This Act takes effect September 1, 2023. |