Texas 2017 - 85th Regular

Texas Senate Bill SB1570 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11500 LED-F
2	2	By: Huffman S.B. No. 1570
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the care and transportation provided to a sexual
8	8	assault survivor by a health care facility.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 323.001, Health and Safety Code, is
11	11	amended by adding Subdivision (3-a) to read as follows:
12	12	(3-a) "SAFE-ready facility" means a health care
13	13	facility designated as a sexual assault forensic exam-ready
14	14	facility under Section 323.0015.
15	15	SECTION 2. Chapter 323, Health and Safety Code, is amended
16	16	by adding Section 323.0015 to read as follows:
17	17	Sec. 323.0015. SAFE-READY FACILITIES. The department shall
18	18	designate a health care facility as a sexual assault forensic
19	19	exam-ready facility, or SAFE-ready facility, if the facility
20	20	employs or contracts with a certified sexual assault nurse examiner
21	21	or specially trained physician to be available to perform a
22	22	forensic medical examination on a sexual assault survivor 24 hours
23	23	a day, seven days a week.
24	24	SECTION 3. Section 323.004, Health and Safety Code, is
25	25	amended by amending Subsections (a-1) and (a-2) and adding
26	26	Subsection (a-3) to read as follows:
27	27	(a-1) A facility that is not a SAFE-ready [health care]
28	28	facility [designated in a community-wide plan as the primary health
29	29	care facility in the community for treating sexual assault
30	30	survivors] shall inform the sexual assault survivor that:
31	31	(1) the facility is not a SAFE-ready [the designated]
32	32	facility and provide to the survivor the name and location of the
33	33	closest SAFE-ready [designated] facility; and
34	34	(2) the survivor is entitled, at the survivor's
35	35	option:
36	36	(A) to receive the care described by Subsection
37	37	(b) at that facility, subject to Subsection (b-1); or
38	38	(B) to be stabilized and to be transferred to and
39	39	receive the care described by Subsection (b) at a SAFE-ready
40	40	[health care] facility [designated in a community-wide plan as the
41	41	primary health care facility in the community for treating sexual
42	42	assault survivors].
43	43	(a-2) If a sexual assault survivor chooses to be transferred
44	44	under Subsection (a-1)(2)(B), after obtaining the survivor's
45	45	written, signed consent to the transfer, the facility shall
46	46	stabilize and transfer the survivor to a SAFE-ready [health care]
47	47	facility [in the community designated in a community-wide plan as
48	48	the primary health care facility in the community for treating
49	49	sexual assault survivors], which shall provide care to the survivor
50	50	in accordance with Subsection (b).
51	51	(a-3) A health care facility that is not a SAFE-ready
52	52	facility shall develop and submit to the department a
53	53	transportation plan for a sexual assault survivor who chooses to be
54	54	transferred to a SAFE-ready facility under Subsection (a-1)(2)(B).
55	55	The transportation plan must include procedures for:
56	56	(1) transporting the survivor, including a survivor
57	57	with a disability, to a SAFE-ready facility regardless of the
58	58	survivor's ability to pay;
59	59	(2) maintaining survivor confidentiality;
60	60	(3) returning the survivor to the survivor's residence
61	61	or a safe place agreed to by the survivor after the forensic medical
62	62	examination;
63	63	(4) obtaining confirmation before the survivor is
64	64	transferred that the SAFE-ready facility is able to provide a
65	65	forensic medical examination to the survivor;
66	66	(5) providing the name of a liaison at the receiving
67	67	SAFE-ready facility who will be available to the survivor should
68	68	the survivor seek help;
69	69	(6) minimizing the survivor's travel and waiting
70	70	times; and
71	71	(7) to the extent possible, minimizing additional
72	72	trauma to the survivor.
73	73	SECTION 4. Section 323.0045(c), Health and Safety Code, is
74	74	amended to read as follows:
75	75	(c) Each health care facility that has an emergency
76	76	department and that is not a SAFE-ready [health care] facility
77	77	[designated in a community-wide plan as the primary health care
78	78	facility in the community for treating sexual assault survivors]
79	79	shall develop a plan to train personnel on sexual assault forensic
80	80	evidence collection.
81	81	SECTION 5. Section 323.008, Health and Safety Code, is
82	82	amended to read as follows:
83	83	Sec. 323.008. DATA PUBLICATION. The department shall post
84	84	on the department's Internet website a list of all hospitals that
85	85	are designated as SAFE-ready facilities [in a community-wide plan
86	86	as the primary health care facility in the community for treating
87	87	sexual assault survivors]. The department shall update the list
88	88	annually.
89	89	SECTION 6. Section 323.001(1), Health and Safety Code, is
90	90	repealed.
91	91	SECTION 7. This Act takes effect September 1, 2017.