88R5408 SHH/KKR-F     By: Howard, Jetton, A. Johnson of Harris, H.B. No. 2651       Harless, Oliverson       A BILL TO BE ENTITLED   AN ACT   relating to required training and continuing education   requirements for persons who provide medical care or other support   to survivors of sexual assault.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 420.011(c), Government Code, is amended   to read as follows:          (c)  The attorney general shall adopt rules establishing   minimum standards for the certification of a sexual assault nurse   examiner and the renewal of that certification by the nurse   examiner, including standards for examiner training courses and for   the interstate reciprocity of sexual assault nurse examiners. The   certification is valid for three [two] years from the date of   issuance.  The attorney general shall also adopt rules establishing   minimum standards for the suspension, decertification, or   probation of a sexual assault nurse examiner who violates this   chapter.          SECTION 2.  Section 323.002(a), Health and Safety Code, is   amended to read as follows:          (a)  Each health care facility that has an emergency   department shall comply with Sections 323.004 and 323.0044.  At the   request of the department, a health care facility that has an   emergency department shall submit to the department for approval a   plan for providing the services required by Section 323.004 to   sexual assault survivors who arrive for treatment at the emergency   department of the health care facility.  Each health care facility   that is not a SAFE-ready facility shall include in the plan   submitted under this subsection the facility's written policies   developed under Sections 323.0045(c) and 323.0046(c).          SECTION 3.  Section 323.0045, Health and Safety Code, is   amended to read as follows:          Sec. 323.0045.  BASIC SEXUAL ASSAULT FORENSIC EVIDENCE   COLLECTION TRAINING.  (a)  A person who performs a forensic medical   examination on a sexual assault survivor must complete [have] at   least two hours of basic forensic evidence collection training or   the equivalent education that conforms to the evidence collection   protocol developed by the attorney general under Section 420.031,   Government Code.          (b)  A person who completes a continuing medical or nursing   education course in forensic evidence collection described by   Section 156.057, 204.1563, or 301.306, Occupations Code, that is   approved or recognized by the appropriate licensing board is   considered to have completed basic [sexual assault] forensic   evidence collection training for purposes of this chapter.          (c)  Each health care facility that has an emergency   department and that is not a SAFE-ready facility shall develop a   written policy [plan] to ensure that a person described by   Subsection (a) completes training on basic [train personnel on   sexual assault] forensic evidence collection in accordance with   this section.          SECTION 4.  Subchapter A, Chapter 323, Health and Safety   Code, is amended by adding Section 323.0046 to read as follows:          Sec. 323.0046.  BASIC SEXUAL ASSAULT RESPONSE POLICY AND   TRAINING FOR CERTAIN HEALTH CARE FACILITY PERSONNEL. (a)  A health   care facility that has an emergency department shall provide at   least one hour of basic sexual assault response training to   facility employees who provide patient admission functions,   patient-related administrative support functions, or direct   patient care.  The training must include instruction on:                (1)  the provision of survivor-centered,   trauma-informed care to sexual assault survivors; and                (2)  the rights of sexual assault survivors under   Chapter 56A, Code of Criminal Procedure, including:                      (A)  the availability of a forensic medical   examination, including an examination that is available when a   sexual assault survivor does not report the assault to a law   enforcement agency; and                       (B)  the role of an advocate as defined by Section   420.003, Government Code, in responding to a sexual assault   survivor.          (b)  An employee described by Subsection (a) who completes a   continuing medical or nursing education course in forensic evidence   collection described by Section 156.057, 204.1563, or 301.306,   Occupations Code, that is approved or recognized by the appropriate   licensing board is considered to have completed basic sexual   assault response training for purposes of this section.          (c)  Each health care facility that has an emergency   department and that is not a SAFE-ready facility shall develop a   written policy to ensure that all appropriate facility personnel   complete the basic sexual assault response training required by   Subsection (a).          SECTION 5.  Section 156.057, Occupations Code, is amended to   read as follows:          Sec. 156.057.  CONTINUING EDUCATION IN FORENSIC EVIDENCE   COLLECTION. (a) A physician licensed under this subtitle who   submits an application for renewal of a license to practice   medicine and whose practice includes treating patients in an   emergency room setting shall [may] complete at least two hours of   continuing medical education relating to:                (1)  the provision of trauma-informed care to sexual   assault survivors;                (2)  appropriate community referrals and prophylactic   medications;                (3)  the rights of a sexual assault survivor under   Chapter 56A, Code of Criminal Procedure, including the opportunity   to request the presence of an advocate as defined by Section   420.003, Government Code, and a forensic medical examination;                (4)  forensic evidence collection methods; and                (5)  applicable state law pertaining to the custody,   transfer, and tracking of forensic evidence.          (b)  The board shall adopt rules to establish the content of   continuing medical education relating to forensic evidence   collection.  The content of the continuing medical education must   conform to the evidence collection protocol distributed by the   attorney general under Section 420.031, Government Code.  The board   may adopt other rules to implement this section.          SECTION 6.  Subchapter D, Chapter 204, Occupations Code, is   amended by adding Section 204.1563 to read as follows:          Sec. 204.1563.  CONTINUING EDUCATION IN FORENSIC EVIDENCE   COLLECTION. (a) A physician assistant licensed under this chapter   whose practice includes treating patients in an emergency room   setting shall complete at least two hours of continuing medical   education relating to:                (1)  the provision of trauma-informed care to sexual   assault survivors;                (2)  appropriate community referrals and prophylactic   medications;                (3)  the rights of a sexual assault survivor under   Chapter 56A, Code of Criminal Procedure, including the opportunity   to request the presence of an advocate as defined by Section   420.003, Government Code, and a forensic medical examination;                (4)  forensic evidence collection methods; and                (5)  state law pertaining to the custody, transfer, and   tracking of forensic evidence.          (b)  The content of the continuing medical education   relating to forensic evidence collection must conform to the   evidence collection protocol distributed by the attorney general   under Section 420.031, Government Code.          SECTION 7.  Sections 301.306(a) and (c), Occupations Code,   are amended to read as follows:          (a)  As part of continuing education requirements under   Section 301.303, a license holder who is employed to work in an   emergency room setting and who is required under board rules to   comply with this section shall complete at least two hours of   continuing education relating to:                (1)  the provision of trauma-informed care to sexual   assault survivors;                (2)  appropriate community referrals and prophylactic   medications;                (3)  the rights of a sexual assault survivor, including   the opportunity to request the presence of an advocate as defined by   Section 420.003, Government Code, and a forensic medical   examination under Chapter 56A, Code of Criminal Procedure;                (4)  forensic evidence collection methods; and                (5)  state law pertaining to the custody, transfer, and   tracking of forensic evidence [relating to forensic evidence   collection not later than:                      [(1)  September 1, 2008; or                      [(2)  the second anniversary of the initial   issuance of a license under this chapter to the license holder].          (c)  The board shall adopt rules to identify the license   holders who are required to complete continuing education under   Subsection (a) and to establish the content of that continuing   education. The content of the continuing education relating to   forensic evidence collection must conform to the evidence   collection protocol distributed by the attorney general under   Section 420.031, Government Code.  The board may adopt other rules   to implement this section, including rules under Section 301.303(c)   for the approval of education programs and providers.          SECTION 8.  Section 420.011(c), Government Code, as amended   by this Act, applies only to an application for renewal of a sexual   assault nurse examiner certificate filed on or after the effective   date of this Act.  An application for renewal of a certificate filed   before the effective date of this Act is governed by the law in   effect on the date the application was filed, and the former law is   continued in effect for that purpose.          SECTION 9.  (a) Section 323.002(a), Health and Safety Code,   as amended by this Act, applies only to a report requested by the   Department of State Health Services on or after January 1, 2024.          (b)  Section 323.0045(a), Health and Safety Code, as amended   by this Act, applies only to a forensic medical examination that   occurs on or after December 1, 2023.  A forensic medical examination   that occurs before the effective date of this Act is governed by the   law as it existed immediately before that date, and the former law   is continued in effect for that purpose.          (c)  Not later than December 1, 2023, a health care facility   that has an emergency department shall develop the written policies   required by Section 323.0045(c), Health and Safety Code, as amended   by this Act, and Section 323.0046(c), Health and Safety Code, as   added by this Act.          (d)  Notwithstanding Section 323.0046(a), Health and Safety   Code, as added by this Act, a health care facility that has an   emergency department is not required to comply with that subsection   until December 1, 2023.          SECTION 10.  Sections 156.057 and 301.306, Occupations Code,   as amended by this Act, and Section 204.1563, Occupations Code, as   added by this Act, apply to an application for the renewal of a   license filed on or after September 1, 2024.  An application for the   renewal of a license filed before that date is governed by the law   in effect on the date the application was filed, and the former law   is continued in effect for that purpose.          SECTION 11.  Not later than June 1, 2024, the Texas Medical   Board shall adopt the rules required by Section 156.057,   Occupations Code, as amended by this Act.          SECTION 12.  Not later than June 1, 2024, the Texas Physician   Assistant Board shall adopt the rules required by Section 204.1563,   Occupations Code, as added by this Act.          SECTION 13.  Not later than June 1, 2024, the Texas Board of   Nursing shall adopt the rules required by Section 301.306,   Occupations Code, as amended by this Act.          SECTION 14.  This Act takes effect September 1, 2023.