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A BILL TO BE ENTITLED
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AN ACT
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relating to the care provided to a sexual assault survivor by a |
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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 323.004, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1), |
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(a-2), and (d) to read as follows: |
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(a) Except as otherwise provided by Subsection (a-2), after |
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[After] a sexual assault survivor arrives at a health care facility |
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following an alleged sexual assault, the facility shall[:
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[(1)] provide care to the survivor in accordance with |
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Subsection (b). |
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(a-1) A facility that is not a 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 inform the survivor that: |
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(1) the facility is not the 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; 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 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. |
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(a-2) If a survivor chooses to be transferred under |
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Subsection (a-1)(2)(B), after obtaining the survivor's written, |
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signed consent to the transfer, the facility shall [; or
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[(2)] stabilize and transfer the survivor to a health |
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care facility designated in a community-wide plan as the primary |
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health care facility in the community for treating sexual assault |
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survivors, which shall provide care to the survivor in accordance |
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with Subsection (b). |
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(d) If telemedicine is used in the treatment described by |
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Subsection (b) provided to a sexual assault survivor, the facility |
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shall comply with Section 531.02161, Government Code, and any rules |
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adopted under that section. |
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SECTION 2. This Act takes effect September 1, 2013. |