By: Davis  S.B. No. 1191
         (In the Senate - Filed March 6, 2013; March 12, 2013, read
  first time and referred to Committee on Criminal Justice;
  April 29, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 0; April 29, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1191 By:  Schwertner
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the duties of health care facilities, health care
  providers, and the Department of State Health Services with respect
  to care provided to a sexual assault survivor in an emergency
  department of a health care facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 323.002, Health and
  Safety Code, is amended to read as follows:
         (a)  Each health care facility that has an emergency
  department shall comply with Section 323.004.  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.
         SECTION 2.  Section 323.004, Health and Safety Code, is
  amended by amending Subsections (a) and (b) and adding Subsections
  (a-1), (a-2), (b-1), and (d) to read as follows:
         (a)  Except as otherwise provided by Subsection (a-2), after
  [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).
         (a-1)  A facility that is not a health care facility
  designated in a community-wide plan as the primary health care
  facility in the community for treating sexual assault survivors
  shall inform the survivor that:
               (1)  the facility is not the designated facility and
  provide to the survivor the name and location of the designated
  facility; and
               (2)  the survivor is entitled, at the survivor's
  option:
                     (A)  to receive the care described by Subsection
  (b) at that facility, subject to Subsection (b-1); or
                     (B)  to be stabilized and to be transferred to and
  receive the care described by Subsection (b) at a health care
  facility designated in a community-wide plan as the primary health
  care facility in the community for treating sexual assault
  survivors.
         (a-2)  If a sexual assault survivor chooses to be transferred
  under Subsection (a-1)(2)(B), after obtaining the survivor's
  written, signed consent to the transfer, the facility shall[; or
               [(2)]  stabilize and transfer the survivor to a health
  care facility in the community 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)  subject to Subsection (b-1),  a forensic medical
  examination in accordance with Subchapter B, Chapter 420,
  Government Code, if the examination has been requested by a law
  enforcement agency under Article 56.06, Code of Criminal Procedure,
  or is conducted under Article 56.065, Code of Criminal Procedure;
               (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 323.005;
               (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.
         (b-1)  A person may not perform a forensic examination on a
  sexual assault survivor unless the person has the basic training
  described by Section 323.0045 or the equivalent education and
  training.
         (d)  This section does not affect the duty of a health care
  facility to comply with the requirements of the federal Emergency
  Medical Treatment and Active Labor Act of 1986 (42 U.S.C. Section
  1395dd) that are applicable to the facility.
         SECTION 3.  Chapter 323, Health and Safety Code, is amended
  by adding Section 323.0045 to read as follows:
         Sec. 323.0045.  BASIC SEXUAL ASSAULT FORENSIC EVIDENCE
  COLLECTION TRAINING. (a)  A person who performs a forensic
  examination on a sexual assault survivor must have at least basic
  forensic evidence collection training or the equivalent education.
         (b)  A person who completes a continuing medical education
  course in forensic evidence collection that is approved by the
  appropriate licensing board is considered to have basic sexual
  assault forensic evidence training for purposes of this chapter.
         (c)  The department may approve training programs under this
  section, including programs developed and implemented by hospitals
  for hospital staff.
         (d)  Each health care facility that has an emergency
  department and that is not a health care facility designated in a
  community-wide plan as the primary health care facility in the
  community for treating sexual assault survivors shall develop a
  plan to train personnel on sexual assault forensic evidence
  collection.
         SECTION 4.  Chapter 323, Health and Safety Code, is amended
  by adding Sections 323.007 and 323.008 to read as follows:
         Sec. 323.007.  SEXUAL ASSAULT SURVIVORS WHO ARE MINORS.
  This chapter does not affect the working protocols set forth by
  multidisciplinary teams under Subchapter E, Chapter 264, Family
  Code, to ensure access to specialized medical assessments for
  sexual assault survivors who are minors. To the extent of a
  conflict with Subchapter E, Chapter 264, Family Code, that
  subchapter controls.
         Sec. 323.008.  DATA PUBLICATION. The department shall post
  on the department's Internet website a list of all hospitals that
  are designated in a community-wide plan as the primary health care
  facility in the community for treating sexual assault survivors.
         SECTION 5.  This Act takes effect September 1, 2013.
 
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