Texas Senate Bill SB1191

Texas 2013 - 83rd Regular

Caption

Relating to the duties of health care facilities, health care providers, and the Department of State Health Services with respect to care provided to a sexual assault survivor in an emergency department of a health care facility.

Impact

The bill introduces amendments that require health care facilities to not only provide immediate medical care but also to ensure that survivors are informed about their rights and the availability of other resources. By doing so, the law aims to improve the overall quality of care for sexual assault survivors and ensure they have access to necessary forensic examinations and advocacy services. It also places a significant emphasis on ensuring that personnel in these facilities are trained in forensic evidence collection, a critical component in the legal proceedings that may follow an assault.

Summary

SB1191 aims to establish clearer duties and responsibilities for health care facilities, providers, and the Department of State Health Services regarding the care provided to sexual assault survivors in emergency departments. The bill specifically amends provisions within the Health and Safety Code, mandating that health care facilities comply with certain guidelines to ensure that sexual assault survivors receive appropriate care following an assault. This includes the requirement to inform survivors of their options regarding care and transfer to designated facilities specialized in treating sexual assault cases.

Contention

One of the notable points of contention surrounding SB1191 revolves around the responsibilities placed on health care providers to offer care that may extend beyond their usual scope of practice. While supporters argue that this bill is a vital step toward improving services for survivors, critics may raise concerns regarding the adequacy of training for personnel involved in forensic examinations and whether emergency facilities are equipped to handle the unique needs of sexual assault survivors. Additionally, the delineation of designated primary care facilities could lead to complexities in emergency responses, especially in rural areas where access to specialized care can be limited.