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A BILL TO BE ENTITLED
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AN ACT
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relating to the care and transportation provided to a sexual |
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assault survivor by a health care facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 323.001, Health and Safety Code, is |
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amended by amending Subdivision (3) and adding Subdivisions (3-a) |
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and (4-a) to read as follows: |
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(3) "Health care facility" means a general or special |
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hospital licensed under Chapter 241, [or] a general or special |
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hospital owned by this state, or a freestanding emergency medical |
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care facility licensed under Chapter 254. |
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(3-a) "SAFE-ready facility" means a health care |
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facility designated as a sexual assault forensic exam-ready |
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facility under Section 323.0015. |
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(4-a) "Sexual assault forensic examiner" means a |
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certified sexual assault nurse examiner or a physician with |
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specialized training on conducting a forensic medical examination. |
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SECTION 2. Chapter 323, Health and Safety Code, is amended |
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by adding Section 323.0015 to read as follows: |
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Sec. 323.0015. SAFE-READY FACILITIES. The department shall |
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designate a health care facility as a sexual assault forensic |
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exam-ready facility, or SAFE-ready facility, if the facility |
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notifies the department that the facility employs or contracts with |
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a sexual assault forensic examiner or uses a telemedicine system of |
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sexual assault forensic examiners to provide consultation to a |
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licensed nurse or physician when conducting a sexual assault |
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forensic medical examination. |
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SECTION 3. Section 323.004, Health and Safety Code, is |
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amended by amending Subsections (a-1) and (a-2) and adding |
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Subsection (a-3) to read as follows: |
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(a-1) A facility that is not a SAFE-ready [health care] |
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facility [designated in a community-wide plan as the primary health
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care facility in the community for treating sexual assault
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survivors] shall inform the sexual assault survivor that: |
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(1) the facility is not a SAFE-ready [the designated] |
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facility and provide to the survivor the name and location of the |
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closest SAFE-ready [designated] facility and the information form |
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required by Section 323.0051; and |
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(2) the survivor is entitled, at the survivor's |
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option: |
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(A) to receive the care described by Subsection |
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(b) at that facility, subject to Subsection (b-1); or |
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(B) to be stabilized and to be transferred to and |
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receive the care described by Subsection (b) at a SAFE-ready |
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[health care] facility [designated in a community-wide plan as the
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primary health care facility in the community for treating sexual
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assault survivors]. |
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(a-2) If a sexual assault survivor chooses to be transferred |
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under Subsection (a-1)(2)(B), after obtaining the survivor's |
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written, signed consent to the transfer, the facility shall |
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stabilize and transfer the survivor to a SAFE-ready [health care] |
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facility [in the community designated in a community-wide plan as
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the primary health care facility in the community for treating
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sexual assault survivors], which shall provide care to the survivor |
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in accordance with Subsection (b). |
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(a-3) Before transferring a sexual assault survivor, a |
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health care facility that is not a SAFE-ready facility shall |
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contact the SAFE-ready facility to which the survivor will be |
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transferred to confirm a sexual assault forensic examiner is |
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available at that facility. |
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SECTION 4. Section 323.0045(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) Each health care facility that has an emergency |
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department and that is not a SAFE-ready [health care] facility |
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[designated in a community-wide plan as the primary health care
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facility in the community for treating sexual assault survivors] |
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shall develop a plan to train personnel on sexual assault forensic |
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evidence collection. |
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SECTION 5. Chapter 323, Health and Safety Code, is amended |
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by adding Section 323.0051 to read as follows: |
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Sec. 323.0051. INFORMATION FORM FOR SEXUAL ASSAULT |
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SURVIVORS AT CERTAIN FACILITIES. (a) The department shall develop |
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a standard information form for sexual assault survivors who arrive |
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at a health care facility that is not a SAFE-ready facility. The |
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information form must include: |
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(1) information regarding the benefits of a forensic |
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medical examination conducted by a sexual assault forensic |
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examiner; |
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(2) the Internet website address to the department's |
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list of SAFE-ready facilities that includes the facilities' |
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physical addresses as required by Section 323.008; |
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(3) the following statements: |
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(A) "As a survivor of sexual assault, you have |
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the right to receive a forensic medical examination at this |
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hospital emergency room if you are requesting the examination not |
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later than 96 hours after the assault."; |
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(B) "A report to law enforcement is not required, |
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but if you make a report, law enforcement must first authorize the |
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examination."; and |
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(C) "Call 1-800-656-HOPE to be connected to a |
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rape crisis center for free and confidential assistance."; and |
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(4) information on the procedure for submitting a |
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complaint against the health care facility. |
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(b) A health care facility that is not a SAFE-ready facility |
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shall provide the standard information form developed under this |
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section to each sexual assault survivor who arrives at the |
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facility. |
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SECTION 6. Section 323.008, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 323.008. DATA PUBLICATION. The department shall post |
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on the department's Internet website a list of all hospitals that |
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are designated as SAFE-ready facilities and the facilities' |
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physical addresses [in a community-wide plan as the primary health
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care facility in the community for treating sexual assault
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survivors]. The department shall update the list annually. To the |
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extent possible, the department shall collect the data required by |
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this section as part of a survey required by the department under |
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other law. |
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SECTION 7. Section 323.001(1), Health and Safety Code, is |
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repealed. |
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SECTION 8. (a) Not later than January 1, 2018, the |
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Department of State Health Services shall develop the information |
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form required by Section 323.0051, Health and Safety Code, as added |
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by this Act. |
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(b) Notwithstanding Section 323.0051, Health and Safety |
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Code, as added by this Act, a health care facility is not required |
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to comply with that section until January 1, 2018. |
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SECTION 9. This Act takes effect September 1, 2017. |