Bill Text: TX SB1191 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-05-24 - Effective on 9/1/13 [SB1191 Detail]
Download: Texas-2013-SB1191-Enrolled.html
S.B. No. 1191 |
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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 | ||
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following an alleged sexual assault, the facility shall[ |
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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[ |
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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 or nursing | ||
education course in forensic evidence collection that is approved | ||
or recognized by the appropriate licensing board is considered to | ||
have basic sexual assault forensic evidence training for purposes | ||
of this chapter. | ||
(c) 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 participating entities of children's | ||
advocacy centers under Subchapter E, Chapter 264, Family Code, or | ||
the working protocols set forth by their multidisciplinary teams 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1191 passed the Senate on | ||
May 1, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1191 passed the House on | ||
May 8, 2013, by the following vote: Yeas 147, Nays 0, two present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |