Bill Title: To establish the Compassionate Assistance for Rape Emergencies Act regarding hospital services provided to victims of sexual assault.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2012-01-19 - To Health & Aging
[HB419 Detail]Download: Ohio-2011-HB419-Introduced.html
As Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Antonio, Garland
Cosponsors:
Representatives Foley, Ramos, Pillich, Hagan, R., Goyal, Celeste, Fedor, Boyd, Ashford, Letson, Heard, Slesnick, Weddington, Yuko, Reece
A BILL
| To amend section 2907.29 and to enact sections | 1 |
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3727.60, 3727.601, and 3727.602 of the Revised | 2 |
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Code to establish the Compassionate Assistance for | 3 |
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Rape Emergencies Act regarding hospital services | 4 |
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provided to victims of sexual assault. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2907.29 be amended and sections | 6 |
3727.60, 3727.601, and 3727.602 of the Revised Code be enacted to | 7 |
read as follows: | 8 |
Sec. 2907.29. Every hospital of this state that offers | 9 |
organized emergency services shall provide that a physician, a | 10 |
physician assistant, a clinical nurse specialist, a certified | 11 |
nurse practitioner, or a certified nurse-midwife is available on | 12 |
call twenty-four hours each day for the examination of persons | 13 |
reported to any law enforcement agency to be victims of sexual | 14 |
offenses cognizable as violations of any provision of sections | 15 |
2907.02 to 2907.06 of the Revised Code. The physician, physician | 16 |
assistant, clinical nurse specialist, certified nurse | 17 |
practitioner, or certified nurse-midwife, upon the request of any | 18 |
peace officer or prosecuting attorney and with the consent of the | 19 |
reported victim or upon the request of the reported victim, shall | 20 |
examine the person for the purposes of gathering physical evidence | 21 |
and shall complete any written documentation of the physical | 22 |
examination. The public health council shall establish procedures | 23 |
for gathering evidence under this section. | 24 |
Each reported victim shall be informed of available
venereal | 25 |
diseasesexually transmitted infection, pregnancy, medical, and | 26 |
psychiatric services in accordance with section 3727.601 of the | 27 |
Revised Code. | 28 |
Notwithstanding any other provision of law, a minor may | 29 |
consent to examination under this section. The consent is not | 30 |
subject to disaffirmance because of minority, and consent of the | 31 |
parent, parents, or guardian of the minor is not required for an | 32 |
examination under this section. However, the hospital shall give | 33 |
written notice to the parent, parents, or guardian of a minor that | 34 |
an examination under this section has taken place. The parent, | 35 |
parents, or guardian of a minor giving consent under this section | 36 |
are not liable for payment for any services provided under this | 37 |
section without their consent. | 38 |
Sec. 3727.60. As used in this section and sections 3727.601 | 39 |
and 3727.602 of the Revised Code: | 40 |
(A) "Drug" has the same meaning as in the "Federal Food, | 41 |
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C. | 42 |
321(g)(1), as amended. | 43 |
(B) "Device" has the same meaning as in the "Federal Food, | 44 |
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C. | 45 |
321(h), as amended. | 46 |
(C) "Emergency contraception" means any drug, drug regimen, | 47 |
or device intended to prevent pregnancy after unprotected sexual | 48 |
intercourse or contraceptive failure. | 49 |
(D) "Sexual assault" means a violation of sections 2907.02 to | 50 |
2907.06 of the Revised Code. | 51 |
Sec. 3727.601. (A) It shall be the standard of care in this | 52 |
state for hospitals that offer organized emergency services to | 53 |
provide the services specified in divisions (B) and (C) of this | 54 |
section to victims of sexual assault. The services shall be | 55 |
provided without regard to the ability of the victim to pay for | 56 |
the services. | 57 |
(B) Except as provided in division (E) of this section, the | 58 |
services specified in divisions (B)(1) and (2) of this section | 59 |
shall be provided by the hospital to a victim of sexual assault | 60 |
who is female and, as determined by the hospital, is of | 61 |
child-bearing age. | 62 |
(1) The hospital shall provide the victim with information | 63 |
about emergency contraception. The information shall be medically | 64 |
and factually accurate and unbiased. It shall be provided in clear | 65 |
and concise language in both written and oral formats. The | 66 |
information shall explain all of the following: | 67 |
(a) That emergency contraception has been approved by the | 68 |
United States food and drug administration for use by women of all | 69 |
ages with a prescription and as an over-the-counter product for | 70 |
women seventeen years of age or older as a safe and effective | 71 |
means to prevent pregnancy after unprotected sexual intercourse or | 72 |
contraceptive failure if used in a timely manner; | 73 |
(b) That emergency contraception is more effective the sooner | 74 |
it is used following unprotected sexual intercourse or | 75 |
contraceptive failure; | 76 |
(c) That emergency contraception does not cause an abortion | 77 |
and studies have shown that it does not interrupt an established | 78 |
pregnancy. | 79 |
(2) The hospital shall promptly offer emergency contraception | 80 |
to the victim. The hospital shall promptly provide the emergency | 81 |
contraception if the victim accepts the offer. | 82 |
(C) The services specified in divisions (C)(1) to (4) of this | 83 |
section shall be provided by the hospital to a victim of sexual | 84 |
assault who is female, regardless of whether the victim is of | 85 |
child-bearing age, and to a victim of sexual assault who is male. | 86 |
(1) The hospital shall promptly provide the victim with an | 87 |
assessment of the victim's risk of contracting sexually | 88 |
transmitted infections, including gonorrhea, chlamydia, syphilis, | 89 |
and hepatitis. The assessment shall be conducted by a physician, | 90 |
physician assistant, clinical nurse specialist, certified nurse | 91 |
practitioner, certified nurse-midwife, or registered nurse. The | 92 |
assessment shall be based on both of the following: | 93 |
(a) The available information regarding the sexual assault; | 94 |
(b) The established standards of risk assessment, including | 95 |
consideration of any recommendations established by the United | 96 |
States centers for disease control and prevention, peer-reviewed | 97 |
clinical studies, and appropriate research using in vitro and | 98 |
nonhuman primate models of infection. | 99 |
(2) After conducting the assessment, the hospital shall | 100 |
provide the victim with counseling concerning the significantly | 101 |
prevalent sexually transmitted infections for which effective | 102 |
postexposure treatment exists and for which deferral of treatment | 103 |
would either significantly reduce treatment efficacy or pose | 104 |
substantial risk to the victim's health, including the infections | 105 |
for which prophylactic treatment is recommended based on | 106 |
guidelines from the centers for disease control and prevention. | 107 |
The counseling shall be provided by a physician, physician | 108 |
assistant, clinical nurse specialist, certified nurse | 109 |
practitioner, certified nurse-midwife, or registered nurse. The | 110 |
counseling shall be provided in clear and concise language. | 111 |
(3) After providing the counseling, the hospital shall offer | 112 |
treatment for sexually transmitted infections to the victim. The | 113 |
hospital shall provide the treatment if the victim accepts the | 114 |
offer. | 115 |
(4) Before the victim leaves the hospital, the hospital shall | 116 |
provide the victim with counseling on the physical and mental | 117 |
health benefits of seeking follow-up care from the victim's | 118 |
primary care physician or from another medical care provider | 119 |
capable of providing follow-up care to victims of sexual assault. | 120 |
The counseling shall include information on local organizations | 121 |
and relevant health providers capable of providing either | 122 |
follow-up medical care or other health services to victims of | 123 |
sexual assault. The counseling shall be provided by a physician, | 124 |
physician assistant, clinical nurse specialist, certified nurse | 125 |
practitioner, certified nurse-midwife, or registered nurse. The | 126 |
counseling shall be provided in clear and concise language. | 127 |
(D) In the case of minors, the services specified in this | 128 |
section shall be provided at the discretion of the treating | 129 |
physician and in accordance with the guidelines of the centers for | 130 |
disease control and prevention. | 131 |
Notwithstanding any other provision of law, a minor may | 132 |
consent to the services specified in this section. The consent is | 133 |
not subject to disaffirmance because of minority, and consent of | 134 |
the parent, parents, or guardian of the minor is not required for | 135 |
the services to be provided. The parent, parents, or guardian of a | 136 |
minor giving consent under this section are not liable for payment | 137 |
for any services provided under this section without their | 138 |
consent. | 139 |
(E) In either of the following cases, a hospital is not | 140 |
required to provide information about emergency contraception, to | 141 |
offer emergency contraception, or to provide emergency | 142 |
contraception to a victim of sexual assault who is female and, as | 143 |
determined by the hospital, is of child-bearing age: | 144 |
(1) The hospital is aware that the victim is incapable of | 145 |
becoming pregnant. | 146 |
(2) The hospital is aware that the victim is pregnant. | 147 |
If the hospital has a pregnancy test performed to confirm | 148 |
whether the victim is pregnant, the hospital shall have the test | 149 |
performed in such a manner that the results of the test are made | 150 |
available to the victim during the initial visit to the hospital | 151 |
regarding the sexual assault. | 152 |
(F) Nothing in this section shall be construed as meaning any | 153 |
of the following: | 154 |
(1) That a hospital is required to provide treatment to a | 155 |
victim of sexual assault if the treatment goes against | 156 |
recommendations established by the centers for disease control and | 157 |
prevention; | 158 |
(2) That a victim of sexual assault is required to submit to | 159 |
any testing or treatment; | 160 |
(3) That a hospital is prohibited from seeking reimbursement | 161 |
for the costs of services provided under this section from the | 162 |
victim's health insurance or from medicaid, if applicable, and to | 163 |
the extent permitted by section 2907.28 of the Revised Code. | 164 |
Sec. 3727.602. In addition to other remedies under common | 165 |
law, an individual may file a complaint with the department of | 166 |
health if the individual believes a hospital has failed to comply | 167 |
with the requirements of section 3727.601 of the Revised Code. The | 168 |
department shall investigate the complaint in a timely manner. | 169 |
If the department determines that a hospital has failed to | 170 |
provide the services required by section 3727.601 of the Revised | 171 |
Code to a victim of sexual assault, the department shall, pursuant | 172 |
to an adjudication under Chapter 119. of the Revised Code, impose | 173 |
a civil penalty of not less than ten thousand dollars for each | 174 |
violation. | 175 |
If the hospital has previously violated section 3727.601 of | 176 |
the Revised Code, the department may ask the attorney general to | 177 |
bring an action for injunctive relief in any court of competent | 178 |
jurisdiction. On the filing of an appropriate petition in the | 179 |
court, the court shall conduct a hearing on the petition. If it is | 180 |
demonstrated in the proceedings that the hospital has failed to | 181 |
provide the services, the court shall grant a temporary or | 182 |
permanent injunction enjoining the hospital's operation. | 183 |
Section 2. That existing section 2907.29 of the Revised Code | 184 |
is hereby repealed. | 185 |
Section 3. This act shall be known as the "Compassionate | 186 |
Assistance for Rape Emergencies Act." | 187 |