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  H.B. No. 3152
 
 
 
 
AN ACT
  relating to the care and transportation provided to a sexual
  assault survivor by a health care facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 323.001, Health and Safety Code, is
  amended by amending Subdivision (3) and adding Subdivisions (3-a)
  and (4-a) to read as follows:
               (3)  "Health care facility" means a general or special
  hospital licensed under Chapter 241, [or] a general or special
  hospital owned by this state, or a freestanding emergency medical
  care facility licensed under Chapter 254.
               (3-a)  "SAFE-ready facility" means a health care
  facility designated as a sexual assault forensic exam-ready
  facility under Section 323.0015.
               (4-a)  "Sexual assault forensic examiner" means a
  certified sexual assault nurse examiner or a physician with
  specialized training on conducting a forensic medical examination.
         SECTION 2.  Chapter 323, Health and Safety Code, is amended
  by adding Section 323.0015 to read as follows:
         Sec. 323.0015.  SAFE-READY FACILITIES.  The department shall
  designate a health care facility as a sexual assault forensic
  exam-ready facility, or SAFE-ready facility, if the facility
  notifies the department that the facility employs or contracts with
  a sexual assault forensic examiner or uses a telemedicine system of
  sexual assault forensic examiners to provide consultation to a
  licensed nurse or physician when conducting a sexual assault
  forensic medical examination.
         SECTION 3.  Section 323.004, Health and Safety Code, is
  amended by amending Subsections (a-1) and (a-2) and adding
  Subsection (a-3) to read as follows:
         (a-1)  A facility that is not a SAFE-ready [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 sexual assault survivor that:
               (1)  the facility is not a SAFE-ready [the designated]
  facility and provide to the survivor the name and location of the
  closest SAFE-ready [designated] facility and the information form
  required by Section 323.0051; 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 SAFE-ready
  [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
  stabilize and transfer the survivor to a SAFE-ready [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).
         (a-3)  Before transferring a sexual assault survivor, a
  health care facility that is not a SAFE-ready facility shall
  contact the SAFE-ready facility to which the survivor will be
  transferred to confirm a sexual assault forensic examiner is
  available at that facility.
         SECTION 4.  Section 323.0045(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Each health care facility that has an emergency
  department and that is not a SAFE-ready [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 5.  Chapter 323, Health and Safety Code, is amended
  by adding Section 323.0051 to read as follows:
         Sec. 323.0051.  INFORMATION FORM FOR SEXUAL ASSAULT
  SURVIVORS AT CERTAIN FACILITIES. (a) The department shall develop
  a standard information form for sexual assault survivors who arrive
  at a health care facility that is not a SAFE-ready facility. The
  information form must include:
               (1)  information regarding the benefits of a forensic
  medical examination conducted by a sexual assault forensic
  examiner;
               (2)  the Internet website address to the department's
  list of SAFE-ready facilities that includes the facilities' 
  physical addresses as required by Section 323.008; 
               (3)  the following statements:
                     (A)  "As a survivor of sexual assault, you have
  the right to receive a forensic medical examination at this
  hospital emergency room if you are requesting the examination not
  later than 96 hours after the assault.";
                     (B)  "A report to law enforcement is not required,
  but if you make a report, law enforcement must first authorize the
  examination."; and
                     (C)  "Call 1-800-656-HOPE to be connected to a
  rape crisis center for free and confidential assistance."; and
               (4)  information on the procedure for submitting a
  complaint against the health care facility.
         (b)  A health care facility that is not a SAFE-ready facility
  shall provide the standard information form developed under this
  section to each sexual assault survivor who arrives at the
  facility.
         SECTION 6.  Section 323.008, Health and Safety Code, is
  amended to read as follows:
         Sec. 323.008.  DATA PUBLICATION.  The department shall post
  on the department's Internet website a list of all hospitals that
  are designated as SAFE-ready facilities and the facilities' 
  physical addresses [in a community-wide plan as the primary health
  care facility in the community for treating sexual assault
  survivors]. The department shall update the list annually.  To the
  extent possible, the department shall collect the data required by
  this section as part of a survey required by the department under
  other law.
         SECTION 7.  Section 323.001(1), Health and Safety Code, is
  repealed.
         SECTION 8.  (a)  Not later than January 1, 2018, the
  Department of State Health Services shall develop the information
  form required by Section 323.0051, Health and Safety Code, as added
  by this Act.
         (b)  Notwithstanding Section 323.0051, Health and Safety
  Code, as added by this Act, a health care facility is not required
  to comply with that section until January 1, 2018.
         SECTION 9.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3152 was passed by the House on May
  12, 2017, by the following vote:  Yeas 143, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3152 was passed by the Senate on May
  24, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor