86R9160 SCL-D
By: Beckley H.B. No. 4099
A BILL TO BE ENTITLED
AN ACT
relating to information and contraceptives provided to a sexual
assault survivor.
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 (b) and adding Subsection (e) to
read as follows:
(b) A health care facility providing care to a sexual
assault survivor shall provide the survivor with:
(1) subject to Subsection (b-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;
(8) medically accurate information about the services
this state provides to sexual assault survivors, including
information necessary for the survivor to make an informed decision
on emergency and nonemergency contraceptives;
(9) emergency contraceptives provided at no cost to
the survivor;
(10) a nonemergency contraceptive of the survivor's
choice provided at no cost to the survivor; and
(11) if necessary, a list of clinics in the survivor's
geographic area that provide follow-up services related to the
contraceptive provided to the survivor under Subdivision (10).
(e) A health care facility providing a contraceptive to a
sexual assault survivor under Subsection (b)(9) or (10) may apply
to the Health and Human Services Commission in the form and manner
provided by commission rule for reimbursement of the cost of the
contraceptive and any related medical expenses incurred by the
facility related to providing the contraceptive. The commission
shall reimburse a facility if the facility timely provides a
complete application to the commission.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Section 323.004, Health and Safety Code, as amended by this Act.
SECTION 3. This Act takes effect September 1, 2019.