Bill Text: OH SB283 | 2011-2012 | 129th General Assembly | Introduced

---

Bill Title: To establish the Compassionate Assistance for Rape Emergencies Act regarding hospital services provided to victims of sexual assault.

Sponsorship: Partisan Bill (Democrat 10)

Status: (Introduced - Dead) 2012-01-18 - To Health, Human Services, & Aging [SB283 Detail]

Download: Ohio-2011-SB283-Introduced.html

---

As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 283

Senator Turner 

Cosponsors: Senators Sawyer, Tavares, Cafaro, Brown, Kearney, Schiavoni, Skindell, Smith, Gentile 

---

A BILL

To amend section 2907.29 and to enact sections

1

3727.60, 3727.601, and 3727.602 of the Revised

2

Code to establish the Compassionate Assistance for

3

Rape Emergencies Act regarding hospital services

4

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