88R5408 SHH/KKR-F
 
  By: Howard, Jetton, A. Johnson of Harris, H.B. No. 2651
      Harless, Oliverson
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to required training and continuing education
  requirements for persons who provide medical care or other support
  to survivors of sexual assault.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 420.011(c), Government Code, is amended
  to read as follows:
         (c)  The attorney general shall adopt rules establishing
  minimum standards for the certification of a sexual assault nurse
  examiner and the renewal of that certification by the nurse
  examiner, including standards for examiner training courses and for
  the interstate reciprocity of sexual assault nurse examiners. The
  certification is valid for three [two] years from the date of
  issuance.  The attorney general shall also adopt rules establishing
  minimum standards for the suspension, decertification, or
  probation of a sexual assault nurse examiner who violates this
  chapter.
         SECTION 2.  Section 323.002(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Each health care facility that has an emergency
  department shall comply with Sections 323.004 and 323.0044.  At the
  request of the department, a health care facility that has an
  emergency department shall submit to the department for approval a
  plan for providing the services required by Section 323.004 to
  sexual assault survivors who arrive for treatment at the emergency
  department of the health care facility.  Each health care facility
  that is not a SAFE-ready facility shall include in the plan
  submitted under this subsection the facility's written policies
  developed under Sections 323.0045(c) and 323.0046(c).
         SECTION 3.  Section 323.0045, Health and Safety Code, is
  amended to read as follows:
         Sec. 323.0045.  BASIC SEXUAL ASSAULT FORENSIC EVIDENCE
  COLLECTION TRAINING.  (a)  A person who performs a forensic medical
  examination on a sexual assault survivor must complete [have] at
  least two hours of basic forensic evidence collection training or
  the equivalent education that conforms to the evidence collection
  protocol developed by the attorney general under Section 420.031,
  Government Code.
         (b)  A person who completes a continuing medical or nursing
  education course in forensic evidence collection described by
  Section 156.057, 204.1563, or 301.306, Occupations Code, that is
  approved or recognized by the appropriate licensing board is
  considered to have completed basic [sexual assault] forensic
  evidence collection training for purposes of this chapter.
         (c)  Each health care facility that has an emergency
  department and that is not a SAFE-ready facility shall develop a
  written policy [plan] to ensure that a person described by
  Subsection (a) completes training on basic [train personnel on
  sexual assault] forensic evidence collection in accordance with
  this section.
         SECTION 4.  Subchapter A, Chapter 323, Health and Safety
  Code, is amended by adding Section 323.0046 to read as follows:
         Sec. 323.0046.  BASIC SEXUAL ASSAULT RESPONSE POLICY AND
  TRAINING FOR CERTAIN HEALTH CARE FACILITY PERSONNEL. (a)  A health
  care facility that has an emergency department shall provide at
  least one hour of basic sexual assault response training to
  facility employees who provide patient admission functions,
  patient-related administrative support functions, or direct
  patient care.  The training must include instruction on:
               (1)  the provision of survivor-centered,
  trauma-informed care to sexual assault survivors; and
               (2)  the rights of sexual assault survivors under
  Chapter 56A, Code of Criminal Procedure, including:
                     (A)  the availability of a forensic medical
  examination, including an examination that is available when a
  sexual assault survivor does not report the assault to a law
  enforcement agency; and 
                     (B)  the role of an advocate as defined by Section
  420.003, Government Code, in responding to a sexual assault
  survivor.
         (b)  An employee described by Subsection (a) who completes a
  continuing medical or nursing education course in forensic evidence
  collection described by Section 156.057, 204.1563, or 301.306,
  Occupations Code, that is approved or recognized by the appropriate
  licensing board is considered to have completed basic sexual
  assault response training for purposes of this section.
         (c)  Each health care facility that has an emergency
  department and that is not a SAFE-ready facility shall develop a
  written policy to ensure that all appropriate facility personnel
  complete the basic sexual assault response training required by
  Subsection (a).
         SECTION 5.  Section 156.057, Occupations Code, is amended to
  read as follows:
         Sec. 156.057.  CONTINUING EDUCATION IN FORENSIC EVIDENCE
  COLLECTION. (a) A physician licensed under this subtitle who
  submits an application for renewal of a license to practice
  medicine and whose practice includes treating patients in an
  emergency room setting shall [may] complete at least two hours of
  continuing medical education relating to:
               (1)  the provision of trauma-informed care to sexual
  assault survivors;
               (2)  appropriate community referrals and prophylactic
  medications;
               (3)  the rights of a sexual assault survivor under
  Chapter 56A, Code of Criminal Procedure, including the opportunity
  to request the presence of an advocate as defined by Section
  420.003, Government Code, and a forensic medical examination;
               (4)  forensic evidence collection methods; and
               (5)  applicable state law pertaining to the custody,
  transfer, and tracking of forensic evidence.
         (b)  The board shall adopt rules to establish the content of
  continuing medical education relating to forensic evidence
  collection.  The content of the continuing medical education must
  conform to the evidence collection protocol distributed by the
  attorney general under Section 420.031, Government Code.  The board
  may adopt other rules to implement this section.
         SECTION 6.  Subchapter D, Chapter 204, Occupations Code, is
  amended by adding Section 204.1563 to read as follows:
         Sec. 204.1563.  CONTINUING EDUCATION IN FORENSIC EVIDENCE
  COLLECTION. (a) A physician assistant licensed under this chapter
  whose practice includes treating patients in an emergency room
  setting shall complete at least two hours of continuing medical
  education relating to:
               (1)  the provision of trauma-informed care to sexual
  assault survivors;
               (2)  appropriate community referrals and prophylactic
  medications;
               (3)  the rights of a sexual assault survivor under
  Chapter 56A, Code of Criminal Procedure, including the opportunity
  to request the presence of an advocate as defined by Section
  420.003, Government Code, and a forensic medical examination;
               (4)  forensic evidence collection methods; and
               (5)  state law pertaining to the custody, transfer, and
  tracking of forensic evidence.
         (b)  The content of the continuing medical education
  relating to forensic evidence collection must conform to the
  evidence collection protocol distributed by the attorney general
  under Section 420.031, Government Code.
         SECTION 7.  Sections 301.306(a) and (c), Occupations Code,
  are amended to read as follows:
         (a)  As part of continuing education requirements under
  Section 301.303, a license holder who is employed to work in an
  emergency room setting and who is required under board rules to
  comply with this section shall complete at least two hours of
  continuing education relating to:
               (1)  the provision of trauma-informed care to sexual
  assault survivors;
               (2)  appropriate community referrals and prophylactic
  medications;
               (3)  the rights of a sexual assault survivor, including
  the opportunity to request the presence of an advocate as defined by
  Section 420.003, Government Code, and a forensic medical
  examination under Chapter 56A, Code of Criminal Procedure;
               (4)  forensic evidence collection methods; and
               (5)  state law pertaining to the custody, transfer, and
  tracking of forensic evidence [relating to forensic evidence
  collection not later than:
                     [(1)  September 1, 2008; or
                     [(2)  the second anniversary of the initial
  issuance of a license under this chapter to the license holder].
         (c)  The board shall adopt rules to identify the license
  holders who are required to complete continuing education under
  Subsection (a) and to establish the content of that continuing
  education. The content of the continuing education relating to
  forensic evidence collection must conform to the evidence
  collection protocol distributed by the attorney general under
  Section 420.031, Government Code.  The board may adopt other rules
  to implement this section, including rules under Section 301.303(c)
  for the approval of education programs and providers.
         SECTION 8.  Section 420.011(c), Government Code, as amended
  by this Act, applies only to an application for renewal of a sexual
  assault nurse examiner certificate filed on or after the effective
  date of this Act.  An application for renewal of a certificate filed
  before the effective date of this Act is governed by the law in
  effect on the date the application was filed, and the former law is
  continued in effect for that purpose.
         SECTION 9.  (a) Section 323.002(a), Health and Safety Code,
  as amended by this Act, applies only to a report requested by the
  Department of State Health Services on or after January 1, 2024.
         (b)  Section 323.0045(a), Health and Safety Code, as amended
  by this Act, applies only to a forensic medical examination that
  occurs on or after December 1, 2023.  A forensic medical examination
  that occurs before the effective date of this Act is governed by the
  law as it existed immediately before that date, and the former law
  is continued in effect for that purpose.
         (c)  Not later than December 1, 2023, a health care facility
  that has an emergency department shall develop the written policies
  required by Section 323.0045(c), Health and Safety Code, as amended
  by this Act, and Section 323.0046(c), Health and Safety Code, as
  added by this Act.
         (d)  Notwithstanding Section 323.0046(a), Health and Safety
  Code, as added by this Act, a health care facility that has an
  emergency department is not required to comply with that subsection
  until December 1, 2023.
         SECTION 10.  Sections 156.057 and 301.306, Occupations Code,
  as amended by this Act, and Section 204.1563, Occupations Code, as
  added by this Act, apply to an application for the renewal of a
  license filed on or after September 1, 2024.  An application for the
  renewal of a license filed before that date is governed by the law
  in effect on the date the application was filed, and the former law
  is continued in effect for that purpose.
         SECTION 11.  Not later than June 1, 2024, the Texas Medical
  Board shall adopt the rules required by Section 156.057,
  Occupations Code, as amended by this Act.
         SECTION 12.  Not later than June 1, 2024, the Texas Physician
  Assistant Board shall adopt the rules required by Section 204.1563,
  Occupations Code, as added by this Act.
         SECTION 13.  Not later than June 1, 2024, the Texas Board of
  Nursing shall adopt the rules required by Section 301.306,
  Occupations Code, as amended by this Act.
         SECTION 14.  This Act takes effect September 1, 2023.