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H.B. No. 677
AN ACT
relating to emergency services for sexual assault survivors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 4, Health and Safety Code, is
amended by adding Chapter 322 to read as follows:
CHAPTER 322. EMERGENCY SERVICES FOR SURVIVORS
OF SEXUAL ASSAULT
Sec. 322.001. DEFINITIONS. In this chapter:
(1) "Community-wide plan" means an agreement entered
into between one or more health care facilities, entities
administering a sexual assault program, district attorney's
offices, or law enforcement agencies that designates one or more
health care facilities in the community as a primary health care
facility to furnish emergency medical services and evidence
collection to sexual assault survivors on a community or area-wide
basis.
(2) "Department" means the Department of State Health
Services.
(3) "Health care facility" means a general or special
hospital licensed under Chapter 241 or a general or special
hospital owned by this state.
(4) "Sexual assault" means any act as described by
Section 22.011 or 22.021, Penal Code.
(5) "Sexual assault survivor" means an individual who
is a victim of a sexual assault, regardless of whether a report is
made or a conviction is obtained in the incident.
Sec. 322.002. PLAN FOR EMERGENCY SERVICES. (a) At the
request of the department, a health care facility shall submit to
the department for approval a plan for providing the services
required by Section 322.004 to sexual assault survivors who arrive
for treatment at the emergency department of the health care
facility.
(b) The department shall adopt procedures for submission,
approval, and modification of a plan required under this section.
(c) A health care facility shall submit the plan required by
this section not later than the 60th day after the date the
department requests the plan.
(d) The department shall approve or reject the plan not
later than the 120th day after the date the plan is submitted.
Sec. 322.003. REJECTION OF PLAN. (a) If a plan required
under Section 322.002 is not approved, the department shall:
(1) return the plan to the health care facility; and
(2) identify the specific provisions under Section
322.004 with which the plan conflicts or does not comply.
(b) Not later than the 90th day after the date the
department returns a plan to a health care facility under
Subsection (a), the facility shall correct and resubmit the plan to
the department for approval.
Sec. 322.004. MINIMUM STANDARDS FOR EMERGENCY SERVICES.
(a) After a sexual assault survivor arrives at a health care
facility following an alleged sexual assault, the facility shall:
(1) provide care to the survivor in accordance with
Subsection (b); or
(2) stabilize and transfer the survivor to a health
care facility 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).
(b) A health care facility providing care to a sexual
assault survivor shall provide the survivor with:
(1) a forensic medical examination in accordance with
Subchapter B, Chapter 420, Government Code, if the examination has
been approved by a law enforcement agency;
(2) a private area, if available, to wait or speak with
the appropriate medical, legal, or sexual assault crisis center
staff or volunteer until a physician, nurse, or physician assistant
is able to treat the survivor;
(3) access to a sexual assault program advocate, if
available, as provided by Article 56.045, Code of Criminal
Procedure;
(4) the information form required by Section 322.005;
(5) a private treatment room, if available;
(6) if indicated by the history of contact, access to
appropriate prophylaxis for exposure to sexually transmitted
infections; and
(7) the name and telephone number of the nearest
sexual assault crisis center.
(c) A health care facility must obtain documented consent
before providing the forensic medical examination and treatment.
Sec. 322.005. INFORMATION FORM. (a) The department shall
develop a standard information form for sexual assault survivors
that must include:
(1) a detailed explanation of the forensic medical
examination required to be provided by law, including a statement
that photographs may be taken of the genitalia;
(2) information regarding treatment of sexually
transmitted infections and pregnancy, including:
(A) generally accepted medical procedures;
(B) appropriate medications; and
(C) any contraindications of the medications
prescribed for treating sexually transmitted infections and
preventing pregnancy;
(3) information regarding drug-facilitated sexual
assault, including the necessity for an immediate urine test for
sexual assault survivors who may have been involuntarily drugged;
(4) information regarding crime victims compensation,
including:
(A) a statement that a law enforcement agency
will pay for the forensic portion of the examination; and
(B) reimbursement information for the medical
portion of the examination;
(5) an explanation that consent for the forensic
medical examination may be withdrawn at any time during the
examination;
(6) the name and telephone number of sexual assault
crisis centers statewide; and
(7) information regarding postexposure prophylaxis
for HIV infection.
(b) A health care facility shall use the standard form
developed under this section.
(c) An individual employed by or under contract with a
health care facility may refuse to provide the information form
required by this section for ethical or religious reasons. If an
individual employed by or under contract with a health care
facility refuses to provide the survivor with the information form,
the health care facility must ensure that the information form is
provided without delay to the survivor by another individual
employed by or under contract with the facility.
Sec. 322.006. INSPECTION. The department may conduct an
inspection of a health care facility to ensure compliance with this
chapter.
SECTION 2. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 677 was passed by the House on May 13,
2005, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 677 on May 27, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 677 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor