By: Thompson of Harris, et al. H.B. No. 3152         (Senate Sponsor - Huffman)          (In the Senate - Received from the House May 15, 2017;   May 15, 2017, read first time and referred to Committee on State   Affairs; May 18, 2017, reported favorably by the following vote:     Yeas 9, Nays 0; May 18, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the care and transportation provided to a sexual   assault survivor by a health care facility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 323.001, Health and Safety Code, is   amended by amending Subdivision (3) and adding Subdivisions (3-a)   and (4-a) to read as follows:                (3)  "Health care facility" means a general or special   hospital licensed under Chapter 241, [or] a general or special   hospital owned by this state, or a freestanding emergency medical   care facility licensed under Chapter 254.                (3-a)  "SAFE-ready facility" means a health care   facility designated as a sexual assault forensic exam-ready   facility under Section 323.0015.                (4-a)  "Sexual assault forensic examiner" means a   certified sexual assault nurse examiner or a physician with   specialized training on conducting a forensic medical examination.          SECTION 2.  Chapter 323, Health and Safety Code, is amended   by adding Section 323.0015 to read as follows:          Sec. 323.0015.  SAFE-READY FACILITIES.  The department shall   designate a health care facility as a sexual assault forensic   exam-ready facility, or SAFE-ready facility, if the facility   notifies the department that the facility employs or contracts with   a sexual assault forensic examiner or uses a telemedicine system of   sexual assault forensic examiners to provide consultation to a   licensed nurse or physician when conducting a sexual assault   forensic medical examination.          SECTION 3.  Section 323.004, Health and Safety Code, is   amended by amending Subsections (a-1) and (a-2) and adding   Subsection (a-3) to read as follows:          (a-1)  A facility that is not a SAFE-ready [health care]   facility [designated in a community-wide plan as the primary health   care facility in the community for treating sexual assault   survivors] shall inform the sexual assault survivor that:                (1)  the facility is not a SAFE-ready [the designated]   facility and provide to the survivor the name and location of the   closest SAFE-ready [designated] facility and the information form   required by Section 323.0051; and                (2)  the survivor is entitled, at the survivor's   option:                      (A)  to receive the care described by Subsection   (b) at that facility, subject to Subsection (b-1); or                      (B)  to be stabilized and to be transferred to and   receive the care described by Subsection (b) at a SAFE-ready   [health care] facility [designated in a community-wide plan as the   primary health care facility in the community for treating sexual   assault survivors].          (a-2)  If a sexual assault survivor chooses to be transferred   under Subsection (a-1)(2)(B), after obtaining the survivor's   written, signed consent to the transfer, the facility shall   stabilize and transfer the survivor to a SAFE-ready [health care]   facility [in the community designated in a community-wide plan as   the primary health care facility in the community for treating   sexual assault survivors], which shall provide care to the survivor   in accordance with Subsection (b).          (a-3)  Before transferring a sexual assault survivor, a   health care facility that is not a SAFE-ready facility shall   contact the SAFE-ready facility to which the survivor will be   transferred to confirm a sexual assault forensic examiner is   available at that facility.          SECTION 4.  Section 323.0045(c), Health and Safety Code, is   amended to read as follows:          (c)  Each health care facility that has an emergency   department and that is not a SAFE-ready [health care] facility   [designated in a community-wide plan as the primary health care   facility in the community for treating sexual assault survivors]   shall develop a plan to train personnel on sexual assault forensic   evidence collection.          SECTION 5.  Chapter 323, Health and Safety Code, is amended   by adding Section 323.0051 to read as follows:          Sec. 323.0051.  INFORMATION FORM FOR SEXUAL ASSAULT   SURVIVORS AT CERTAIN FACILITIES. (a) The department shall develop   a standard information form for sexual assault survivors who arrive   at a health care facility that is not a SAFE-ready facility. The   information form must include:                (1)  information regarding the benefits of a forensic   medical examination conducted by a sexual assault forensic   examiner;                (2)  the Internet website address to the department's   list of SAFE-ready facilities that includes the facilities'    physical addresses as required by Section 323.008;                 (3)  the following statements:                      (A)  "As a survivor of sexual assault, you have   the right to receive a forensic medical examination at this   hospital emergency room if you are requesting the examination not   later than 96 hours after the assault.";                      (B)  "A report to law enforcement is not required,   but if you make a report, law enforcement must first authorize the   examination."; and                      (C)  "Call 1-800-656-HOPE to be connected to a   rape crisis center for free and confidential assistance."; and                (4)  information on the procedure for submitting a   complaint against the health care facility.          (b)  A health care facility that is not a SAFE-ready facility   shall provide the standard information form developed under this   section to each sexual assault survivor who arrives at the   facility.          SECTION 6.  Section 323.008, Health and Safety Code, is   amended to read as follows:          Sec. 323.008.  DATA PUBLICATION.  The department shall post   on the department's Internet website a list of all hospitals that   are designated as SAFE-ready facilities and the facilities'    physical addresses [in a community-wide plan as the primary health   care facility in the community for treating sexual assault   survivors]. The department shall update the list annually.  To the   extent possible, the department shall collect the data required by   this section as part of a survey required by the department under   other law.          SECTION 7.  Section 323.001(1), Health and Safety Code, is   repealed.          SECTION 8.  (a)  Not later than January 1, 2018, the   Department of State Health Services shall develop the information   form required by Section 323.0051, Health and Safety Code, as added   by this Act.          (b)  Notwithstanding Section 323.0051, Health and Safety   Code, as added by this Act, a health care facility is not required   to comply with that section until January 1, 2018.          SECTION 9.  This Act takes effect September 1, 2017.     * * * * *