Texas 2017 - 85th Regular

Texas House Bill HB3152 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Thompson of Harris, et al. H.B. No. 3152
2		-	(Senate Sponsor - Huffman)
3		-	(In the Senate - Received from the House May 15, 2017;
4		-	May 15, 2017, read first time and referred to Committee on State
5		-	Affairs; May 18, 2017, reported favorably by the following vote:
6		-	Yeas 9, Nays 0; May 18, 2017, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 3152
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the care and transportation provided to a sexual
13	6		assault survivor by a health care facility.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Section 323.001, Health and Safety Code, is
16	9		amended by amending Subdivision (3) and adding Subdivisions (3-a)
17	10		and (4-a) to read as follows:
18	11		(3) "Health care facility" means a general or special
19	12		hospital licensed under Chapter 241, [or] a general or special
20	13		hospital owned by this state, or a freestanding emergency medical
21	14		care facility licensed under Chapter 254.
22	15		(3-a) "SAFE-ready facility" means a health care
23	16		facility designated as a sexual assault forensic exam-ready
24	17		facility under Section 323.0015.
25	18		(4-a) "Sexual assault forensic examiner" means a
26	19		certified sexual assault nurse examiner or a physician with
27	20		specialized training on conducting a forensic medical examination.
28	21		SECTION 2. Chapter 323, Health and Safety Code, is amended
29	22		by adding Section 323.0015 to read as follows:
30	23		Sec. 323.0015. SAFE-READY FACILITIES. The department shall
31	24		designate a health care facility as a sexual assault forensic
32	25		exam-ready facility, or SAFE-ready facility, if the facility
33	26		notifies the department that the facility employs or contracts with
34	27		a sexual assault forensic examiner or uses a telemedicine system of
35	28		sexual assault forensic examiners to provide consultation to a
36	29		licensed nurse or physician when conducting a sexual assault
37	30		forensic medical examination.
38	31		SECTION 3. Section 323.004, Health and Safety Code, is
39	32		amended by amending Subsections (a-1) and (a-2) and adding
40	33		Subsection (a-3) to read as follows:
41	34		(a-1) A facility that is not a SAFE-ready [health care]
42	35		facility [designated in a community-wide plan as the primary health
43	36		care facility in the community for treating sexual assault
44	37		survivors] shall inform the sexual assault survivor that:
45	38		(1) the facility is not a SAFE-ready [the designated]
46	39		facility and provide to the survivor the name and location of the
47	40		closest SAFE-ready [designated] facility and the information form
48	41		required by Section 323.0051; and
49	42		(2) the survivor is entitled, at the survivor's
50	43		option:
51	44		(A) to receive the care described by Subsection
52	45		(b) at that facility, subject to Subsection (b-1); or
53	46		(B) to be stabilized and to be transferred to and
54	47		receive the care described by Subsection (b) at a SAFE-ready
55	48		[health care] facility [designated in a community-wide plan as the
56	49		primary health care facility in the community for treating sexual
57	50		assault survivors].
58	51		(a-2) If a sexual assault survivor chooses to be transferred
59	52		under Subsection (a-1)(2)(B), after obtaining the survivor's
60	53		written, signed consent to the transfer, the facility shall
61	54		stabilize and transfer the survivor to a SAFE-ready [health care]
62	55		facility [in the community designated in a community-wide plan as
63	56		the primary health care facility in the community for treating
64	57		sexual assault survivors], which shall provide care to the survivor
65	58		in accordance with Subsection (b).
66	59		(a-3) Before transferring a sexual assault survivor, a
67	60		health care facility that is not a SAFE-ready facility shall
68	61		contact the SAFE-ready facility to which the survivor will be
69	62		transferred to confirm a sexual assault forensic examiner is
70	63		available at that facility.
71	64		SECTION 4. Section 323.0045(c), Health and Safety Code, is
72	65		amended to read as follows:
73	66		(c) Each health care facility that has an emergency
74	67		department and that is not a SAFE-ready [health care] facility
75	68		[designated in a community-wide plan as the primary health care
76	69		facility in the community for treating sexual assault survivors]
77	70		shall develop a plan to train personnel on sexual assault forensic
78	71		evidence collection.
79	72		SECTION 5. Chapter 323, Health and Safety Code, is amended
80	73		by adding Section 323.0051 to read as follows:
81	74		Sec. 323.0051. INFORMATION FORM FOR SEXUAL ASSAULT
82	75		SURVIVORS AT CERTAIN FACILITIES. (a) The department shall develop
83	76		a standard information form for sexual assault survivors who arrive
84	77		at a health care facility that is not a SAFE-ready facility. The
85	78		information form must include:
86	79		(1) information regarding the benefits of a forensic
87	80		medical examination conducted by a sexual assault forensic
88	81		examiner;
89	82		(2) the Internet website address to the department's
90	83		list of SAFE-ready facilities that includes the facilities'
91	84		physical addresses as required by Section 323.008;
92	85		(3) the following statements:
93	86		(A) "As a survivor of sexual assault, you have
94	87		the right to receive a forensic medical examination at this
95	88		hospital emergency room if you are requesting the examination not
96	89		later than 96 hours after the assault.";
97	90		(B) "A report to law enforcement is not required,
98	91		but if you make a report, law enforcement must first authorize the
99	92		examination."; and
100	93		(C) "Call 1-800-656-HOPE to be connected to a
101	94		rape crisis center for free and confidential assistance."; and
102	95		(4) information on the procedure for submitting a
103	96		complaint against the health care facility.
104	97		(b) A health care facility that is not a SAFE-ready facility
105	98		shall provide the standard information form developed under this
106	99		section to each sexual assault survivor who arrives at the
107	100		facility.
108	101		SECTION 6. Section 323.008, Health and Safety Code, is
109	102		amended to read as follows:
110	103		Sec. 323.008. DATA PUBLICATION. The department shall post
111	104		on the department's Internet website a list of all hospitals that
112	105		are designated as SAFE-ready facilities and the facilities'
113	106		physical addresses [in a community-wide plan as the primary health
114	107		care facility in the community for treating sexual assault
115	108		survivors]. The department shall update the list annually. To the
116	109		extent possible, the department shall collect the data required by
117	110		this section as part of a survey required by the department under
118	111		other law.
119	112		SECTION 7. Section 323.001(1), Health and Safety Code, is
120	113		repealed.
121	114		SECTION 8. (a) Not later than January 1, 2018, the
122	115		Department of State Health Services shall develop the information
123	116		form required by Section 323.0051, Health and Safety Code, as added
124	117		by this Act.
125	118		(b) Notwithstanding Section 323.0051, Health and Safety
126	119		Code, as added by this Act, a health care facility is not required
127	120		to comply with that section until January 1, 2018.
128	121		SECTION 9. This Act takes effect September 1, 2017.
129		-	* * * * *
	122	+	______________________________ ______________________________
	123	+	President of the Senate Speaker of the House
	124	+	I certify that H.B. No. 3152 was passed by the House on May
	125	+	12, 2017, by the following vote: Yeas 143, Nays 0, 1 present, not
	126	+	voting.
	127	+	______________________________
	128	+	Chief Clerk of the House
	129	+	I certify that H.B. No. 3152 was passed by the Senate on May
	130	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	131	+	______________________________
	132	+	Secretary of the Senate
	133	+	APPROVED: _____________________
	134	+	Date
	135	+	_____________________
	136	+	Governor