| 1 | 1 | | 86R9160 SCL-D |
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| 2 | 2 | | By: Beckley H.B. No. 4099 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to information and contraceptives provided to a sexual |
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| 8 | 8 | | assault survivor. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 323.004, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsection (b) and adding Subsection (e) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) A health care facility providing care to a sexual |
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| 14 | 14 | | assault survivor shall provide the survivor with: |
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| 15 | 15 | | (1) subject to Subsection (b-1), a forensic medical |
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| 16 | 16 | | examination in accordance with Subchapter B, Chapter 420, |
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| 17 | 17 | | Government Code, if the examination has been requested by a law |
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| 18 | 18 | | enforcement agency under Article 56.06, Code of Criminal Procedure, |
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| 19 | 19 | | or is conducted under Article 56.065, Code of Criminal Procedure; |
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| 20 | 20 | | (2) a private area, if available, to wait or speak with |
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| 21 | 21 | | the appropriate medical, legal, or sexual assault crisis center |
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| 22 | 22 | | staff or volunteer until a physician, nurse, or physician assistant |
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| 23 | 23 | | is able to treat the survivor; |
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| 24 | 24 | | (3) access to a sexual assault program advocate, if |
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| 25 | 25 | | available, as provided by Article 56.045, Code of Criminal |
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| 26 | 26 | | Procedure; |
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| 27 | 27 | | (4) the information form required by Section 323.005; |
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| 28 | 28 | | (5) a private treatment room, if available; |
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| 29 | 29 | | (6) if indicated by the history of contact, access to |
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| 30 | 30 | | appropriate prophylaxis for exposure to sexually transmitted |
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| 31 | 31 | | infections; [and] |
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| 32 | 32 | | (7) the name and telephone number of the nearest |
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| 33 | 33 | | sexual assault crisis center; |
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| 34 | 34 | | (8) medically accurate information about the services |
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| 35 | 35 | | this state provides to sexual assault survivors, including |
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| 36 | 36 | | information necessary for the survivor to make an informed decision |
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| 37 | 37 | | on emergency and nonemergency contraceptives; |
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| 38 | 38 | | (9) emergency contraceptives provided at no cost to |
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| 39 | 39 | | the survivor; |
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| 40 | 40 | | (10) a nonemergency contraceptive of the survivor's |
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| 41 | 41 | | choice provided at no cost to the survivor; and |
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| 42 | 42 | | (11) if necessary, a list of clinics in the survivor's |
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| 43 | 43 | | geographic area that provide follow-up services related to the |
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| 44 | 44 | | contraceptive provided to the survivor under Subdivision (10). |
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| 45 | 45 | | (e) A health care facility providing a contraceptive to a |
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| 46 | 46 | | sexual assault survivor under Subsection (b)(9) or (10) may apply |
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| 47 | 47 | | to the Health and Human Services Commission in the form and manner |
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| 48 | 48 | | provided by commission rule for reimbursement of the cost of the |
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| 49 | 49 | | contraceptive and any related medical expenses incurred by the |
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| 50 | 50 | | facility related to providing the contraceptive. The commission |
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| 51 | 51 | | shall reimburse a facility if the facility timely provides a |
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| 52 | 52 | | complete application to the commission. |
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| 53 | 53 | | SECTION 2. As soon as practicable after the effective date |
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| 54 | 54 | | of this Act, the executive commissioner of the Health and Human |
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| 55 | 55 | | Services Commission shall adopt rules necessary to implement |
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| 56 | 56 | | Section 323.004, Health and Safety Code, as amended by this Act. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2019. |
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