Bill Text: OH HB333 | 2009-2010 | 128th General Assembly | Introduced

Ohio House Bill 333 (Prior Session Legislation)

Introduced

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

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2009-10-27 - To Health [HB333 Detail]

Download: Ohio-2009-HB333-Introduced.html

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 333

Representative Stewart

Cosponsors: Representatives Celeste, Koziura, Harris, Foley, Yuko, Letson, Garland, Hagan, Chandler, Slesnick, Weddington, Boyd

A BILL

To enact sections 3727.60, 3727.601, and 3727.602 of

the Revised Code to establish the Compassionate

Assistance for Rape Emergencies Act regarding

emergency services provided to victims of sexual

assault.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3727.60, 3727.601, and 3727.602 of	6
the Revised Code be enacted to read as follows:	7

Sec. 3727.60. As used in this section and sections 3727.601	8
and 3727.602 of the Revised Code:	9

(A) "Drug" has the same meaning as in the "Federal Food,	10
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.	11
321(g)(1), as amended.	12

(B) "Device" has the same meaning as in the "Federal Food,	13
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.	14
321(h), as amended.	15

(C) "Emergency contraception" means any drug or device	16
intended to prevent pregnancy after unprotected sexual intercourse	17
or contraceptive failure.	18

(D) "Sexual assault" means a violation of sections 2907.02 to	19
2907.06 of the Revised Code.	20

Sec. 3727.601. (A) It shall be the standard of care in this	21
state for hospitals that offer organized emergency services to	22
provide the services specified in division (B) of this section to	23
victims of sexual assault or individuals believed to be victims	24
of sexual assault. The services shall be provided without regard	25
to the victim's ability to pay for the services.	26

(B)(1) The hospital shall provide the victim or individual	27
believed to be a victim with information about emergency	28
contraception. The information shall be medically and factually	29
accurate and unbiased. It shall be provided in clear and concise	30
language in both written and oral formats. The information shall	31
explain the following:	32

(a) That emergency contraception has been approved by the	33
United States food and drug administration for use by women of all	34
ages with a prescription and as an over-the-counter medication for	35
women eighteen years of age or older as a safe and effective means	36
to prevent pregnancy after unprotected sexual intercourse or	37
contraceptive failure if taken in a timely manner;	38

(b) That emergency contraception is more effective the sooner	39
it is taken following unprotected sexual intercourse or	40
contraceptive failure;	41

(c) That emergency contraception does not cause an abortion	42
and studies have shown that it does not interrupt an established	43
pregnancy.	44

(2) The hospital shall promptly offer emergency	45
contraception to the victim or individual believed to be a victim	46
and provide the emergency contraception if the victim or	47
individual accepts the offer.	48

(3) The hospital shall promptly provide the victim or	49
individual believed to be a victim with an assessment of the	50
victim's or individual's risk of contracting sexually transmitted	51
diseases, including gonorrhea, chlamydia, syphillis, and hepatitis.	52
The assessment shall be conducted by a physician, physician	53
assistant, clinical nurse specialist, certified nurse	54
practitioner, or a certified nurse-midwife. The assessment shall	55
be based on the following:	56

(a) The available information regarding the sexual assault.

(b) The established standards of risk assessment, including	58
consideration of any recommendations established by the United	59
States centers for disease control and prevention, peer-reviewed	60
clinical studies, and appropriate research using invitro and	61
nonhuman primate models of infection.	62

(4) After conducting the assessment, the hospital shall	63
provide the victim or individual believed to be a victim with	64
counseling concerning the significantly prevalent sexually	65
transmitted diseases for which effective post-exposure treatment	66
exists and for which deferral of treatment would either	67
significantly reduce treatment efficacy or pose substantial risk	68
to the victim's health, including the diseases for which	69
prophylactic treatment is recommended based on guidelines from	70
the centers for disease control and prevention. The counseling	71
shall be provided by a physician, physician assistant, clinical	72
nurse specialist, certified nurse practitioner, or certified	73
nurse-midwife. The counseling shall be provided in clear and	74
concise language.	75

(5) After providing the counseling, the hospital shall offer	76
treatment for sexually transmitted diseases to the victim or	77
individual believed to be a victim. The hospital shall provide the	78
treatment if the victim or individual accepts the offer.	79

(6) Before the victim or individual believed to be a victim	80
leaves the hospital, the hospital shall provide the victim or	81
individual with counseling on the physical and mental health	82
benefits of seeking follow-up care from the victim's or	83
individual's primary care physician or from another medical care	84
provider capable of providing follow-up care to victims of sexual	85
assault. The counseling shall include information on local	86
organizations and relevant health providers capable of providing	87
either follow-up medical care or other health services to victims	88
of sexual assault. The counseling shall be provided by a	89
physician, physician assistant, clinical nurse specialist,	90
certified nurse practitioner, or certified nurse-midwife. The	91
counseling shall be provided in clear and concise language.	92

(C) In the case of minors, the services specified in this	93
section shall be provided at the discretion of the treating	94
physician and in accordance with the guidelines of the centers for	95
disease control and prevention.	96

Notwithstanding any other provision of law, a minor may	97
consent to the services specified in this section. The consent is	98
not subject to disaffirmance because of minority, and consent of	99
the parent, parents, or guardian of the minor is not required for	100
the services to be provided. The parent, parents, or guardian of	101
a minor giving consent under this section are not liable for	102
payment for any services provided under this section without their	103
consent.	104

(D) Nothing in this section shall be construed to mean the	105
following:	106

(1) That a hospital is required to provide treatment to a	107
victim of sexual assault if the treatment goes against	108
recommendations established by the United States centers for	109
disease control and prevention;	110

(2) That a victim is required to submit to any testing or	111
treatment;	112

(3) That a hospital is prohibited from seeking reimbursement	113
for the costs of services provided under this section from the	114
victim's health insurance or medicaid, if applicable, and to the	115
extent permitted by section 2907.28 of the Revised Code.	116

Sec. 3727.602. In addition to other remedies under common	117
law, an individual may file a complaint with the department of	118
health if the individual believes a hospital has failed to comply	119
with the requirements of section 3727.601 of the Revised Code. The	120
department shall investigate the complaint in a timely manner.	121

If the department determines that a hospital has failed to	122
provide the care or services required in section 3727.601 of the	123
Revised Code to a sexual assault victim, the department shall,	124
pursuant to an adjudication under Chapter 119. of the Revised	125
Code, impose a civil penalty of not less than ten thousand	126
dollars for each violation.	127

If the hospital has previously violated section 3727.601 of	128
the Revised Code, the department may ask the attorney general to	129
bring an action for injunctive relief in any court of competent	130
jurisdiction. On the filing of an appropriate petition in the	131
court, the court shall conduct a hearing on the petition. If it is	132
demonstrated in the proceedings that the hospital has failed to	133
provide the care or services, the court shall grant a temporary or	134
permanent injunction enjoining the hospital's operation.	135