83R9093 JSC-D
By: Thompson of Harris H.B. No. 2560
A BILL TO BE ENTITLED
AN ACT
relating to the care provided to a sexual assault survivor by a
health care facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 323.004, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(a-2), and (d) to read as follows:
(a) Except as otherwise provided by Subsection (a-2), after
[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).
(a-1) A facility that is not a health care facility
designated in a community-wide plan as the primary health care
facility in the community for treating sexual assault survivors
shall inform the survivor that:
(1) the facility is not the designated facility; and
(2) the survivor is entitled, at the survivor's
option:
(A) to receive the care described by Subsection
(b) at that facility; or
(B) to be stabilized and to be transferred to and
receive the care described by Subsection (b) at a health care
facility designated in a community-wide plan as the primary health
care facility in the community for treating sexual assault
survivors.
(a-2) If a survivor chooses to be transferred under
Subsection (a-1)(2)(B), after obtaining the survivor's written,
signed consent to the transfer, the facility shall [; 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).
(d) If telemedicine is used in the treatment described by
Subsection (b) provided to a sexual assault survivor, the facility
shall comply with Section 531.02161, Government Code, and any rules
adopted under that section.
SECTION 2. This Act takes effect September 1, 2013.