Bill Text: HI SB218 | 2011 | Regular Session | Amended

Hawaii Senate Bill 218 (Prior Session Legislation)

Bill Title: Compassionate Care; Sexual Assault; Emergency Contraception

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2011-03-10 - (H) Referred to HLT, JUD, referral sheet 33 [SB218 Detail]

Download: Hawaii-2011-SB218-Amended.html

THE SENATE	S.B. NO.	218
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HEALTHCARE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. In the aftermath of rape, victims find themselves dealing with a host of reproductive and sexual health issues. The physical and emotional trauma suffered by victims is compounded by the possibility of unwanted pregnancy as a result of the rape. The average rate of pregnancy resulting from rape is between five and eight per cent, with an estimated thirty-two thousand rape-related pregnancies occurring every year in the United States.

Emergency contraception is a safe and effective means of preventing pregnancy after a sexual assault. In fact, the provision of emergency contraception to victims of sexual assault is the most widely recognized and accepted standard of care for sexual assault patients. The American Medical Association and the American College of Obstetricians and Gynecologists have stated that sexual assault victims should be informed about and provided emergency contraception. However, a recent survey of emergency facilities in Hawaii revealed a lack of clear policy on the issue.

The purpose of this Act is to ensure that victims of sexual assault are provided information about and access to emergency contraception when receiving emergency medical care at Hawaii's hospitals for sexual assaults.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . COMPASSIONATE CARE

§321-A Definition. As used in this part, unless the context clearly requires otherwise:

"Department" means the department of health.

"Emergency contraception" means one or more prescription drugs used separately or in combination that are:

(1) Used postcoitally within a recommended amount of time;

(2) Used for the purpose of preventing pregnancy; and

(3) Approved by the United States Food and Drug Administration.

"Emergency medical care" includes any medical examination or treatment provided by a hospital to a sexual assault survivor following an alleged sexual assault.

"Hospital" includes:

(1) An institution with an organized medical staff, regulated under section 321-11(10), that admits patients for inpatient care, diagnosis, observation, and treatment; and

(2) A health facility as defined in section 323F-1.

"Medical care" means every type of care, treatment, surgery, hospitalization, attendance, service, and supplies as the nature of an injury or condition requires.

"Sexual assault" means sexual penetration as defined in section 707-700.

"Sexual assault survivor" means a person who alleges or is alleged to have been sexually assaulted and as a result of the sexual assault presents as a patient at a hospital.

§321-B Compassionate care. (a) Any hospital that provides emergency medical care based upon an alleged sexual assault to a sexual assault survivor shall:

(1) Provide the female sexual assault survivor with medically and factually accurate and unbiased written and oral information about emergency contraception;

(2) Orally inform the female sexual assault survivor of the option to receive emergency contraception at the hospital;

(3) When medically indicated, provide emergency contraception to each female sexual assault survivor who requests it, including the initial dose that can be taken at the hospital, and any further dosage as necessary; and

(4) Ensure that each person at the hospital who may provide emergency medical care shall be trained to provide a sexual assault survivor with medically and factually accurate and unbiased written and oral information about emergency contraception and sexual assault treatment options and access to emergency contraception.

(b) No hospital shall deny a sexual assault survivor emergency contraception based on a refusal to undergo a forensic or other medical examination or a refusal to report the alleged sexual assault to law enforcement.

(c) No hospital shall be required to provide emergency contraception to a sexual assault victim who has been determined to be pregnant through the administration by the hospital staff of a pregnancy test approved by the United States Food and Drug Administration.

(d) The cost of any emergency contraception dispensed pursuant to this part shall be paid by the department using moneys from the domestic violence and sexual assault special fund under section 321-1.3.

(e) The department shall adopt rules under chapter 91 for the purposes of this part.

§321-C Enforcement; administrative penalties. (a) The department may set, charge, and collect administrative fines and recover administrative fees and costs, including attorney's fees and costs, resulting from a violation of this part or any rule adopted under this part.

(b) The department shall:

(1) Establish a policy and procedure to monitor compliance with this part, including a complaint process;

(2) Respond to any complaint received by the department concerning noncompliance by a hospital with the requirements of section 321-B; and

(3) Provide written notice to any hospital that the department determines is in violation of this part or any rule adopted under this part and include in the notice an opportunity to take corrective action.

(c) Any hospital that violates or continues to violate this part or any rule adopted under this part after receiving written notice and an opportunity to take corrective action pursuant to subsection (b) shall be fined not more than $1,000 for each separate offense.

(d) Sanctions under this section shall not be issued for violations occurring before July 1, 2012."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect on July 1, 2050.

Report Title:

Compassionate Care; Sexual Assault; Emergency Contraception

Description:

Requires hospitals to provide survivors of sexual assault with medically and factually accurate and unbiased information regarding emergency contraception and to make emergency contraception immediately available to survivors of sexual assault upon request. Effective 7/1/2050. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.