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.