State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-323-emergency-services-for-survivors-of-sexual-assault

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE G. PROVISION OF SERVICES IN CERTAIN FACILITIES

CHAPTER 323. EMERGENCY SERVICES FOR SURVIVORS

OF SEXUAL ASSAULT

Sec. 323.001. DEFINITIONS. In this chapter:

(1) "Community-wide plan" means an agreement entered into

between one or more health care facilities, entities

administering a sexual assault program, district attorney's

offices, or law enforcement agencies that designates one or more

health care facilities in the community as a primary health care

facility to furnish emergency medical services and evidence

collection to sexual assault survivors on a community or

area-wide basis.

(2) "Department" means the Department of State Health Services.

(3) "Health care facility" means a general or special hospital

licensed under Chapter 241 or a general or special hospital owned

by this state.

(4) "Sexual assault" means any act as described by Section

22.011 or 22.021, Penal Code.

(5) "Sexual assault survivor" means an individual who is a

victim of a sexual assault, regardless of whether a report is

made or a conviction is obtained in the incident.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.001 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Sec. 323.002. PLAN FOR EMERGENCY SERVICES. (a) At the request

of the department, a health care facility shall submit to the

department for approval a plan for providing the services

required by Section 323.004 to sexual assault survivors who

arrive for treatment at the emergency department of the health

care facility.

(b) The department shall adopt procedures for submission,

approval, and modification of a plan required under this section.

(c) A health care facility shall submit the plan required by

this section not later than the 60th day after the date the

department requests the plan.

(d) The department shall approve or reject the plan not later

than the 120th day after the date the plan is submitted.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.002 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.002(10), eff. September 1, 2007.

Sec. 323.003. REJECTION OF PLAN. (a) If a plan required under

Section 323.002 is not approved, the department shall:

(1) return the plan to the health care facility; and

(2) identify the specific provisions under Section 323.004 with

which the plan conflicts or does not comply.

(b) Not later than the 90th day after the date the department

returns a plan to a health care facility under Subsection (a),

the facility shall correct and resubmit the plan to the

department for approval.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.003 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.002(11), eff. September 1, 2007.

Sec. 323.004. MINIMUM STANDARDS FOR EMERGENCY SERVICES. (a)

After a sexual assault survivor arrives at a health care facility

following an alleged sexual assault, the facility shall:

(1) provide care to the survivor in accordance with Subsection

(b); or

(2) stabilize and transfer the survivor to a health care

facility designated in a community-wide plan as the primary

health care facility in the community for treating sexual assault

survivors, which shall provide care to the survivor in accordance

with Subsection (b).

(b) A health care facility providing care to a sexual assault

survivor shall provide the survivor with:

(1) a forensic medical examination in accordance with Subchapter

B, Chapter 420, Government Code, if the examination has been

requested by a law enforcement agency under Article 56.06, Code

of Criminal Procedure, or is conducted under Article 56.065, Code

of Criminal Procedure;

(2) a private area, if available, to wait or speak with the

appropriate medical, legal, or sexual assault crisis center staff

or volunteer until a physician, nurse, or physician assistant is

able to treat the survivor;

(3) access to a sexual assault program advocate, if available,

as provided by Article 56.045, Code of Criminal Procedure;

(4) the information form required by Section 323.005;

(5) a private treatment room, if available;

(6) if indicated by the history of contact, access to

appropriate prophylaxis for exposure to sexually transmitted

infections; and

(7) the name and telephone number of the nearest sexual assault

crisis center.

(c) A health care facility must obtain documented consent before

providing the forensic medical examination and treatment.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.004 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.002(12), eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1140, Sec. 4, eff. June 19, 2009.

Sec. 323.005. INFORMATION FORM. (a) The department shall

develop a standard information form for sexual assault survivors

that must include:

(1) a detailed explanation of the forensic medical examination

required to be provided by law, including a statement that

photographs may be taken of the genitalia;

(2) information regarding treatment of sexually transmitted

infections and pregnancy, including:

(A) generally accepted medical procedures;

(B) appropriate medications; and

(C) any contraindications of the medications prescribed for

treating sexually transmitted infections and preventing

pregnancy;

(3) information regarding drug-facilitated sexual assault,

including the necessity for an immediate urine test for sexual

assault survivors who may have been involuntarily drugged;

(4) information regarding crime victims compensation, including:

(A) a statement that:

(i) a law enforcement agency will pay for the forensic portion

of an examination requested by the agency under Article 56.06,

Code of Criminal Procedure, and for the evidence collection kit;

or

(ii) the Department of Public Safety will pay the appropriate

fees for the forensic portion of an examination conducted under

Article 56.065, Code of Criminal Procedure, and for the evidence

collection kit; and

(B) reimbursement information for the medical portion of the

examination;

(5) an explanation that consent for the forensic medical

examination may be withdrawn at any time during the examination;

(6) the name and telephone number of sexual assault crisis

centers statewide; and

(7) information regarding postexposure prophylaxis for HIV

infection.

(b) A health care facility shall use the standard form developed

under this section.

(c) An individual employed by or under contract with a health

care facility may refuse to provide the information form required

by this section for ethical or religious reasons. If an

individual employed by or under contract with a health care

facility refuses to provide the survivor with the information

form, the health care facility must ensure that the information

form is provided without delay to the survivor by another

individual employed by or under contract with the facility.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.005 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1140, Sec. 5, eff. June 19, 2009.

Sec. 323.006. INSPECTION. The department may conduct an

inspection of a health care facility to ensure compliance with

this chapter.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.006 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-323-emergency-services-for-survivors-of-sexual-assault

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE G. PROVISION OF SERVICES IN CERTAIN FACILITIES

CHAPTER 323. EMERGENCY SERVICES FOR SURVIVORS

OF SEXUAL ASSAULT

Sec. 323.001. DEFINITIONS. In this chapter:

(1) "Community-wide plan" means an agreement entered into

between one or more health care facilities, entities

administering a sexual assault program, district attorney's

offices, or law enforcement agencies that designates one or more

health care facilities in the community as a primary health care

facility to furnish emergency medical services and evidence

collection to sexual assault survivors on a community or

area-wide basis.

(2) "Department" means the Department of State Health Services.

(3) "Health care facility" means a general or special hospital

licensed under Chapter 241 or a general or special hospital owned

by this state.

(4) "Sexual assault" means any act as described by Section

22.011 or 22.021, Penal Code.

(5) "Sexual assault survivor" means an individual who is a

victim of a sexual assault, regardless of whether a report is

made or a conviction is obtained in the incident.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.001 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Sec. 323.002. PLAN FOR EMERGENCY SERVICES. (a) At the request

of the department, a health care facility shall submit to the

department for approval a plan for providing the services

required by Section 323.004 to sexual assault survivors who

arrive for treatment at the emergency department of the health

care facility.

(b) The department shall adopt procedures for submission,

approval, and modification of a plan required under this section.

(c) A health care facility shall submit the plan required by

this section not later than the 60th day after the date the

department requests the plan.

(d) The department shall approve or reject the plan not later

than the 120th day after the date the plan is submitted.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.002 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.002(10), eff. September 1, 2007.

Sec. 323.003. REJECTION OF PLAN. (a) If a plan required under

Section 323.002 is not approved, the department shall:

(1) return the plan to the health care facility; and

(2) identify the specific provisions under Section 323.004 with

which the plan conflicts or does not comply.

(b) Not later than the 90th day after the date the department

returns a plan to a health care facility under Subsection (a),

the facility shall correct and resubmit the plan to the

department for approval.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.003 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.002(11), eff. September 1, 2007.

Sec. 323.004. MINIMUM STANDARDS FOR EMERGENCY SERVICES. (a)

After a sexual assault survivor arrives at a health care facility

following an alleged sexual assault, the facility shall:

(1) provide care to the survivor in accordance with Subsection

(b); or

(2) stabilize and transfer the survivor to a health care

facility designated in a community-wide plan as the primary

health care facility in the community for treating sexual assault

survivors, which shall provide care to the survivor in accordance

with Subsection (b).

(b) A health care facility providing care to a sexual assault

survivor shall provide the survivor with:

(1) a forensic medical examination in accordance with Subchapter

B, Chapter 420, Government Code, if the examination has been

requested by a law enforcement agency under Article 56.06, Code

of Criminal Procedure, or is conducted under Article 56.065, Code

of Criminal Procedure;

(2) a private area, if available, to wait or speak with the

appropriate medical, legal, or sexual assault crisis center staff

or volunteer until a physician, nurse, or physician assistant is

able to treat the survivor;

(3) access to a sexual assault program advocate, if available,

as provided by Article 56.045, Code of Criminal Procedure;

(4) the information form required by Section 323.005;

(5) a private treatment room, if available;

(6) if indicated by the history of contact, access to

appropriate prophylaxis for exposure to sexually transmitted

infections; and

(7) the name and telephone number of the nearest sexual assault

crisis center.

(c) A health care facility must obtain documented consent before

providing the forensic medical examination and treatment.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.004 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.002(12), eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1140, Sec. 4, eff. June 19, 2009.

Sec. 323.005. INFORMATION FORM. (a) The department shall

develop a standard information form for sexual assault survivors

that must include:

(1) a detailed explanation of the forensic medical examination

required to be provided by law, including a statement that

photographs may be taken of the genitalia;

(2) information regarding treatment of sexually transmitted

infections and pregnancy, including:

(A) generally accepted medical procedures;

(B) appropriate medications; and

(C) any contraindications of the medications prescribed for

treating sexually transmitted infections and preventing

pregnancy;

(3) information regarding drug-facilitated sexual assault,

including the necessity for an immediate urine test for sexual

assault survivors who may have been involuntarily drugged;

(4) information regarding crime victims compensation, including:

(A) a statement that:

(i) a law enforcement agency will pay for the forensic portion

of an examination requested by the agency under Article 56.06,

Code of Criminal Procedure, and for the evidence collection kit;

or

(ii) the Department of Public Safety will pay the appropriate

fees for the forensic portion of an examination conducted under

Article 56.065, Code of Criminal Procedure, and for the evidence

collection kit; and

(B) reimbursement information for the medical portion of the

examination;

(5) an explanation that consent for the forensic medical

examination may be withdrawn at any time during the examination;

(6) the name and telephone number of sexual assault crisis

centers statewide; and

(7) information regarding postexposure prophylaxis for HIV

infection.

(b) A health care facility shall use the standard form developed

under this section.

(c) An individual employed by or under contract with a health

care facility may refuse to provide the information form required

by this section for ethical or religious reasons. If an

individual employed by or under contract with a health care

facility refuses to provide the survivor with the information

form, the health care facility must ensure that the information

form is provided without delay to the survivor by another

individual employed by or under contract with the facility.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.005 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1140, Sec. 5, eff. June 19, 2009.

Sec. 323.006. INSPECTION. The department may conduct an

inspection of a health care facility to ensure compliance with

this chapter.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.006 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-323-emergency-services-for-survivors-of-sexual-assault

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE G. PROVISION OF SERVICES IN CERTAIN FACILITIES

CHAPTER 323. EMERGENCY SERVICES FOR SURVIVORS

OF SEXUAL ASSAULT

Sec. 323.001. DEFINITIONS. In this chapter:

(1) "Community-wide plan" means an agreement entered into

between one or more health care facilities, entities

administering a sexual assault program, district attorney's

offices, or law enforcement agencies that designates one or more

health care facilities in the community as a primary health care

facility to furnish emergency medical services and evidence

collection to sexual assault survivors on a community or

area-wide basis.

(2) "Department" means the Department of State Health Services.

(3) "Health care facility" means a general or special hospital

licensed under Chapter 241 or a general or special hospital owned

by this state.

(4) "Sexual assault" means any act as described by Section

22.011 or 22.021, Penal Code.

(5) "Sexual assault survivor" means an individual who is a

victim of a sexual assault, regardless of whether a report is

made or a conviction is obtained in the incident.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.001 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Sec. 323.002. PLAN FOR EMERGENCY SERVICES. (a) At the request

of the department, a health care facility shall submit to the

department for approval a plan for providing the services

required by Section 323.004 to sexual assault survivors who

arrive for treatment at the emergency department of the health

care facility.

(b) The department shall adopt procedures for submission,

approval, and modification of a plan required under this section.

(c) A health care facility shall submit the plan required by

this section not later than the 60th day after the date the

department requests the plan.

(d) The department shall approve or reject the plan not later

than the 120th day after the date the plan is submitted.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.002 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.002(10), eff. September 1, 2007.

Sec. 323.003. REJECTION OF PLAN. (a) If a plan required under

Section 323.002 is not approved, the department shall:

(1) return the plan to the health care facility; and

(2) identify the specific provisions under Section 323.004 with

which the plan conflicts or does not comply.

(b) Not later than the 90th day after the date the department

returns a plan to a health care facility under Subsection (a),

the facility shall correct and resubmit the plan to the

department for approval.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.003 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.002(11), eff. September 1, 2007.

Sec. 323.004. MINIMUM STANDARDS FOR EMERGENCY SERVICES. (a)

After a sexual assault survivor arrives at a health care facility

following an alleged sexual assault, the facility shall:

(1) provide care to the survivor in accordance with Subsection

(b); or

(2) stabilize and transfer the survivor to a health care

facility designated in a community-wide plan as the primary

health care facility in the community for treating sexual assault

survivors, which shall provide care to the survivor in accordance

with Subsection (b).

(b) A health care facility providing care to a sexual assault

survivor shall provide the survivor with:

(1) a forensic medical examination in accordance with Subchapter

B, Chapter 420, Government Code, if the examination has been

requested by a law enforcement agency under Article 56.06, Code

of Criminal Procedure, or is conducted under Article 56.065, Code

of Criminal Procedure;

(2) a private area, if available, to wait or speak with the

appropriate medical, legal, or sexual assault crisis center staff

or volunteer until a physician, nurse, or physician assistant is

able to treat the survivor;

(3) access to a sexual assault program advocate, if available,

as provided by Article 56.045, Code of Criminal Procedure;

(4) the information form required by Section 323.005;

(5) a private treatment room, if available;

(6) if indicated by the history of contact, access to

appropriate prophylaxis for exposure to sexually transmitted

infections; and

(7) the name and telephone number of the nearest sexual assault

crisis center.

(c) A health care facility must obtain documented consent before

providing the forensic medical examination and treatment.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.004 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.002(12), eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1140, Sec. 4, eff. June 19, 2009.

Sec. 323.005. INFORMATION FORM. (a) The department shall

develop a standard information form for sexual assault survivors

that must include:

(1) a detailed explanation of the forensic medical examination

required to be provided by law, including a statement that

photographs may be taken of the genitalia;

(2) information regarding treatment of sexually transmitted

infections and pregnancy, including:

(A) generally accepted medical procedures;

(B) appropriate medications; and

(C) any contraindications of the medications prescribed for

treating sexually transmitted infections and preventing

pregnancy;

(3) information regarding drug-facilitated sexual assault,

including the necessity for an immediate urine test for sexual

assault survivors who may have been involuntarily drugged;

(4) information regarding crime victims compensation, including:

(A) a statement that:

(i) a law enforcement agency will pay for the forensic portion

of an examination requested by the agency under Article 56.06,

Code of Criminal Procedure, and for the evidence collection kit;

or

(ii) the Department of Public Safety will pay the appropriate

fees for the forensic portion of an examination conducted under

Article 56.065, Code of Criminal Procedure, and for the evidence

collection kit; and

(B) reimbursement information for the medical portion of the

examination;

(5) an explanation that consent for the forensic medical

examination may be withdrawn at any time during the examination;

(6) the name and telephone number of sexual assault crisis

centers statewide; and

(7) information regarding postexposure prophylaxis for HIV

infection.

(b) A health care facility shall use the standard form developed

under this section.

(c) An individual employed by or under contract with a health

care facility may refuse to provide the information form required

by this section for ethical or religious reasons. If an

individual employed by or under contract with a health care

facility refuses to provide the survivor with the information

form, the health care facility must ensure that the information

form is provided without delay to the survivor by another

individual employed by or under contract with the facility.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.005 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1140, Sec. 5, eff. June 19, 2009.

Sec. 323.006. INSPECTION. The department may conduct an

inspection of a health care facility to ensure compliance with

this chapter.

Added by Acts 2005, 79th Leg., Ch.

934, Sec. 1, eff. September 1, 2005.

Renumbered from Health and Safety Code, Section 322.006 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(47), eff. September 1, 2007.


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