BILL ANALYSIS C.S.H.B. 220 By: Ordaz Public Health Committee Report (Substituted) BACKGROUND AND PURPOSE In 2022, the Texas A&M Health Center of Excellence in Forensic Nursing and the Texas Attorney General Sexual Assault Prevention and Crisis Services Program published the Texas Evidence Collection Protocol as a resource for medical, legal, law enforcement, advocacy and forensic science professionals who provide care to survivors of sexual assault. The protocol provides recommendations on the identification, collection, and preservation of physical evidence and the minimization of physical, psychological, and spiritual trauma to survivors of sexual assault and includes guidance on providing emergency contraception with informed consent as part of a patient's treatment plan. However, the bill author has informed the committee that women's health advocates noted in their conversations with health care providers, hospitals, and victim advocates that not all hospitals in Texas provide an emergency contraceptive to survivors of sexual assault as part of their forensic medical examination and that doing so would ensure timely access to time-sensitive treatment and save women the burden of seeking out different providers or pharmacies during an emergency situation. C.S.H.B. 220 seeks to address these issues by including the provision of an emergency contraceptive among the required minimum standards of care provided to a sexual assault survivor by a health care facility in Texas. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 220 amends the Health and Safety Code to expand the required minimum standards of care provided to a sexual assault survivor by a health care facility to include the provision of an emergency contraceptive approved by the FDA to prevent pregnancy by delaying ovulation, if the survivor consents and the treatment is clinically indicated. The bill prohibits a health care facility providing care to a sexual assault survivor from providing or offering to provide the survivor with a drug or device that terminates a pregnancy. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 220 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute includes a specification absent from the introduced that the emergency contraceptive approved by the FDA to prevent pregnancy that is to be provided to a sexual assault survivor by a health care facility under the bill prevents pregnancy by delaying ovulation. The substitute also includes a provision absent from the introduced prohibiting a health care facility providing care to a sexual assault survivor from providing or offering to provide the survivor with a drug or device that terminates a pregnancy.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 220
By: Ordaz
Public Health
Committee Report (Substituted)
C.S.H.B. 220
By: Ordaz
Public Health
Committee Report (Substituted)
BACKGROUND AND PURPOSE In 2022, the Texas A&M Health Center of Excellence in Forensic Nursing and the Texas Attorney General Sexual Assault Prevention and Crisis Services Program published the Texas Evidence Collection Protocol as a resource for medical, legal, law enforcement, advocacy and forensic science professionals who provide care to survivors of sexual assault. The protocol provides recommendations on the identification, collection, and preservation of physical evidence and the minimization of physical, psychological, and spiritual trauma to survivors of sexual assault and includes guidance on providing emergency contraception with informed consent as part of a patient's treatment plan. However, the bill author has informed the committee that women's health advocates noted in their conversations with health care providers, hospitals, and victim advocates that not all hospitals in Texas provide an emergency contraceptive to survivors of sexual assault as part of their forensic medical examination and that doing so would ensure timely access to time-sensitive treatment and save women the burden of seeking out different providers or pharmacies during an emergency situation. C.S.H.B. 220 seeks to address these issues by including the provision of an emergency contraceptive among the required minimum standards of care provided to a sexual assault survivor by a health care facility in Texas.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 220 amends the Health and Safety Code to expand the required minimum standards of care provided to a sexual assault survivor by a health care facility to include the provision of an emergency contraceptive approved by the FDA to prevent pregnancy by delaying ovulation, if the survivor consents and the treatment is clinically indicated. The bill prohibits a health care facility providing care to a sexual assault survivor from providing or offering to provide the survivor with a drug or device that terminates a pregnancy.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 220 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute includes a specification absent from the introduced that the emergency contraceptive approved by the FDA to prevent pregnancy that is to be provided to a sexual assault survivor by a health care facility under the bill prevents pregnancy by delaying ovulation. The substitute also includes a provision absent from the introduced prohibiting a health care facility providing care to a sexual assault survivor from providing or offering to provide the survivor with a drug or device that terminates a pregnancy.
BACKGROUND AND PURPOSE
In 2022, the Texas A&M Health Center of Excellence in Forensic Nursing and the Texas Attorney General Sexual Assault Prevention and Crisis Services Program published the Texas Evidence Collection Protocol as a resource for medical, legal, law enforcement, advocacy and forensic science professionals who provide care to survivors of sexual assault. The protocol provides recommendations on the identification, collection, and preservation of physical evidence and the minimization of physical, psychological, and spiritual trauma to survivors of sexual assault and includes guidance on providing emergency contraception with informed consent as part of a patient's treatment plan. However, the bill author has informed the committee that women's health advocates noted in their conversations with health care providers, hospitals, and victim advocates that not all hospitals in Texas provide an emergency contraceptive to survivors of sexual assault as part of their forensic medical examination and that doing so would ensure timely access to time-sensitive treatment and save women the burden of seeking out different providers or pharmacies during an emergency situation. C.S.H.B. 220 seeks to address these issues by including the provision of an emergency contraceptive among the required minimum standards of care provided to a sexual assault survivor by a health care facility in Texas.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 220 amends the Health and Safety Code to expand the required minimum standards of care provided to a sexual assault survivor by a health care facility to include the provision of an emergency contraceptive approved by the FDA to prevent pregnancy by delaying ovulation, if the survivor consents and the treatment is clinically indicated. The bill prohibits a health care facility providing care to a sexual assault survivor from providing or offering to provide the survivor with a drug or device that terminates a pregnancy.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 220 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute includes a specification absent from the introduced that the emergency contraceptive approved by the FDA to prevent pregnancy that is to be provided to a sexual assault survivor by a health care facility under the bill prevents pregnancy by delaying ovulation. The substitute also includes a provision absent from the introduced prohibiting a health care facility providing care to a sexual assault survivor from providing or offering to provide the survivor with a drug or device that terminates a pregnancy.