PRIOR PRINTER'S NO. 330 PRINTER'S NO. 1847
No. 288 Session of 2007
INTRODUCED BY LEACH, BENNINGTON, CASORIO, DePASQUALE, GOODMAN, JAMES, JOSEPHS, KIRKLAND, KORTZ, MANDERINO, MANN, MUNDY, ROEBUCK, ROSS, R. TAYLOR, RUBLEY, GIBBONS, M. O'BRIEN, FREEMAN, SHAPIRO, WHEATLEY, PAYTON, STURLA, SIPTROTH, McGEEHAN, BRENNAN, GERBER, LENTZ AND McILVAINE SMITH, FEBRUARY 7, 2007
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 6, 2007
AN ACT 1 Providing for minimum requirements for hospitals that provide <-- 2 emergency services to victims of sexual assault and for 3 powers and duties of the Department of Health. 4 PROVIDING FOR REQUIREMENTS FOR HOSPITALS AND HEALTH CARE <-- 5 FACILITIES THAT PROVIDE SERVICES TO SEXUAL ASSAULT VICTIMS, 6 FOR PROVISION OF INFORMATION AND SERVICES RELATING TO 7 EMERGENCY CONTRACEPTION AND FOR POWERS AND DUTIES OF THE 8 DEPARTMENT OF HEALTH. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Short title. <-- 12 This act shall be known and may be cited as the Sexual 13 Assault Victim Emergency Treatment Act. 14 Section 2. Definitions. 15 The following words and phrases when used in this act shall 16 have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 "Department." The Department of Health of the Commonwealth.
1 "Emergency treatment." A medical examination, procedure or 2 service provided by a hospital to a sexual assault victim 3 following an alleged sexual assault. 4 "Emergency contraception." A drug or device approved by the 5 Food and Drug Administration to prevent pregnancy when used 6 separately or in combination within a medically recommended 7 period of time after sexual intercourse. 8 "Hospital." A facility that has an organized medical staff 9 and provides equipment and services primarily for inpatient care 10 to persons who require definitive diagnosis or treatment, or 11 both, for injury, illness, pregnancy or other disability. 12 "Sexual assault." Any of the offenses specified in 18 13 Pa.C.S. Ch. 31 Subch. B (relating to definition of offenses). 14 "Sexual assault victim." A female who alleges or is alleged 15 to have been a victim of a sexual assault. 16 Section 3. Requirements for hospitals. 17 (a) General rule.--A hospital that provides emergency 18 treatment to a sexual assault victim shall: 19 (1) Provide each sexual assault victim with medically 20 and factually accurate and objective written and oral 21 information about emergency contraception. 22 (2) Orally inform each sexual assault victim that the 23 hospital can provide emergency contraception to her. 24 (3) Provide emergency contraception promptly to each 25 sexual assault victim who requests it, unless emergency 26 contraception is medically contraindicated. 27 (b) Written policy.--A hospital that provides emergency 28 treatment to a sexual assault victim shall develop and implement 29 a written policy to ensure that all personnel who treat or give 30 information to a sexual assault victim are trained to provide 20070H0288B1847 - 2 -
1 medically and factually accurate and objective information about 2 emergency contraception to sexual assault victims. 3 Section 4. Department responsibilities. 4 (a) General rule.--The department, in collaboration with a 5 Statewide nonprofit organization identified by the Department of 6 Public Welfare as the prime grantee that arranges for the 7 provision of services to victims of rape and sexual assault, 8 shall develop written information that a hospital gives to 9 sexual assault victims. The information shall: 10 (1) Be clearly written and easily comprehensible. 11 (2) Be in English and any other language deemed 12 necessary. 13 (3) Explain what emergency contraception is and how it 14 works, including the different types of emergency 15 contraception, its effectiveness in preventing pregnancy and 16 the medical risks associated with it. 17 (b) Distribution of information.--The department shall 18 produce the written information and shall distribute it to 19 hospitals in quantities deemed sufficient to comply with this 20 act. 21 (c) Annual reporting by hospitals.--The department shall 22 require each hospital to report annually regarding the number of 23 sexual assault victims treated by that hospital and what that 24 treatment entailed, including the number of sexual assault 25 victims to whom emergency contraception was given. 26 (d) Department report to General Assembly.--The department 27 shall include the information described in subsection (c) in its 28 annual report to the General Assembly pursuant to section 804(d) 29 of the act of July 19, 1979 (P.L.130, No.48), known as the 30 Health Care Facilities Act. 20070H0288B1847 - 3 -
1 Section 5. Violations. 2 A violation of this act shall constitute a violation of the 3 act of July 19, 1979 (P.L.130, No.48), known as the Health Care 4 Facilities Act, and shall be resolved pursuant to Chapter 8 of 5 that act. 6 Section 6. Regulations. 7 The department shall promulgate any regulations necessary to 8 implement this act within two years of the effective date of 9 this section. In order to facilitate the prompt implementation 10 of this act, the department may promulgate temporary regulations 11 that expire no later than two years from the effective date of 12 this section. The temporary regulations shall not be subject to: 13 (1) Sections 201 through 205 of the act of July 31, 1968 14 (P.L.769, No.240), referred to as the Commonwealth Documents 15 Law. 16 (2) The act of June 25, 1982 (P.L.633, No.181), known as 17 the Regulatory Review Act. 18 Section 7. Effective date. 19 This act shall take effect in 90 days. 20 SECTION 1. SHORT TITLE. <-- 21 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE COMPASSIONATE 22 ASSISTANCE FOR RAPE EMERGENCIES ACT. 23 SECTION 2. DEFINITIONS. 24 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 25 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 26 CONTEXT CLEARLY INDICATES OTHERWISE: 27 "DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH. 28 "EMERGENCY CONTRACEPTION." ANY DRUG OR DEVICE APPROVED BY 29 THE FOOD AND DRUG ADMINISTRATION, INCLUDING PLAN B, THAT IS USED 30 AFTER INTERCOURSE TO INHIBIT OR PREVENT OVULATION OR 20070H0288B1847 - 4 -
1 FERTILIZATION. 2 "EMERGENCY SERVICES." MEDICAL EXAMINATIONS, FORENSIC 3 EXAMINATIONS, PROCEDURES AND SERVICES PROVIDED BY A HOSPITAL OR 4 HEALTH CARE FACILITY TO A SEXUAL ASSAULT VICTIM. 5 "HEALTH CARE FACILITY." ANY PUBLIC OR PRIVATE CLINIC, 6 CENTER, MEDICAL TRAINING INSTITUTION, MEDICAL FACILITY, 7 INFIRMARY, DISPENSARY OR OTHER INSTITUTION OR LOCATION WHEREIN 8 EMERGENCY MEDICAL CARE IS PROVIDED TO ANY PERSON. 9 "HOSPITAL." AN INSTITUTION LICENSED AS A HOSPITAL BY THE 10 DEPARTMENT OF HEALTH IN ACCORDANCE WITH CHAPTER 8 OF THE ACT OF 11 JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE 12 FACILITIES ACT. 13 "RAPE CRISIS CENTER." AN OFFICE, INSTITUTION OR CENTER THAT 14 HAS CONTRACTED WITH A STATEWIDE NONPROFIT ORGANIZATION 15 IDENTIFIED BY THE DEPARTMENT OF PUBLIC WELFARE AS THE PRIME 16 GRANTEE THAT ARRANGES FOR THE PROVISION OF SERVICES TO SEXUAL 17 VIOLENCE AND RAPE VICTIMS AND OFFERS ASSISTANCE TO VICTIMS OF 18 SEXUAL ASSAULT AND THEIR FAMILIES THROUGH CRISIS INTERVENTION, 19 MEDICAL AND LEGAL ACCOMPANIMENT AND FOLLOW-UP COUNSELING. 20 "SEXUAL ASSAULT." ANY OFFENSE SPECIFIED IN 18 PA.C.S. CH. 31 21 SUBCH. B (RELATING TO DEFINITION OF OFFENSES). 22 "SEXUAL ASSAULT COUNSELOR." A PERSON WHO IS ENGAGED OR 23 EMPLOYED BY AN OFFICE OR CENTER CONTRACTED WITH A STATEWIDE 24 NONPROFIT ORGANIZATION IDENTIFIED BY THE DEPARTMENT OF PUBLIC 25 WELFARE AS THE PRIME GRANTEE THAT ARRANGES FOR THE PROVISION OF 26 SERVICES TO SEXUAL VIOLENCE AND RAPE VICTIMS, WHO HAS UNDERGONE 27 40 HOURS OF SEXUAL ASSAULT TRAINING AND IS UNDER THE CONTROL OF 28 A DIRECT SERVICES SUPERVISOR OF A RAPE CRISIS CENTER, WHOSE 29 PRIMARY PURPOSE IS THE RENDERING OF ADVICE, COUNSELING OR 30 ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT. 20070H0288B1847 - 5 -
1 "SEXUAL ASSAULT VICTIM" OR "VICTIM." A FEMALE WHO ALLEGES OR 2 IS ALLEGED TO HAVE BEEN A VICTIM OF SEXUAL ASSAULT. 3 SECTION 3. DUTY OF HOSPITALS AND HEALTH CARE FACILITIES. 4 A HOSPITAL OR HEALTH CARE FACILITY THAT PROVIDES EMERGENCY 5 SERVICES TO SEXUAL ASSAULT VICTIMS SHALL, UPON A VICTIM'S 6 PRESENTING TO THE HOSPITAL OR HEALTH CARE FACILITY, PROMPTLY: 7 (1) PROVIDE THE VICTIM WITH MEDICALLY ACCURATE WRITTEN 8 INFORMATIONAL MATERIALS REGARDING EMERGENCY CONTRACEPTION 9 PREPARED OR APPROVED UNDER SECTION 4. 10 (2) ORALLY INFORM THE VICTIM OF THE AVAILABILITY OF 11 EMERGENCY CONTRACEPTION, ITS USE AND EFFICACY. 12 (3) OFFER THE COMPLETE REGIMEN OF EMERGENCY 13 CONTRACEPTION TO THE VICTIM AND PROVIDE THE REGIMEN ONSITE 14 UPON HER REQUEST. 15 (4) INFORM THE VICTIM OF THE AVAILABILITY OF A SEXUAL 16 ASSAULT COUNSELOR, PROVIDE THE SEXUAL ASSAULT VICTIM WITH THE 17 TELEPHONE NUMBER OF THE LOCAL RAPE CRISIS CENTER AND CONTACT 18 THE LOCAL RAPE CRISIS CENTER AT THE REQUEST OF THE VICTIM. 19 (5) AFFORD THE VICTIM AN OPPORTUNITY TO CONSULT WITH THE 20 RAPE CRISIS COUNSELOR IN PERSON AND IN PRIVATE WHILE AT THE 21 HOSPITAL OR HEALTH CARE FACILITY. 22 SECTION 4. INFORMATIONAL MATERIALS REGARDING EMERGENCY 23 CONTRACEPTION. 24 (A) CARE PROVIDERS.--A HOSPITAL OR HEALTH CARE FACILITY THAT 25 PROVIDES EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS SHALL ENSURE 26 THAT A PERSON WHO PROVIDES CARE TO SEXUAL ASSAULT VICTIMS IS 27 FURNISHED WITH MEDICALLY ACCURATE WRITTEN INFORMATIONAL 28 MATERIALS ABOUT EMERGENCY CONTRACEPTION DEVELOPED UNDER 29 SUBSECTION (B). 30 (B) DEVELOPMENT.--THE DEPARTMENT IN COLLABORATION WITH A 20070H0288B1847 - 6 -
1 STATEWIDE NONPROFIT ORGANIZATION IDENTIFIED BY THE DEPARTMENT OF 2 PUBLIC WELFARE AS THE PRIME GRANTEE THAT ARRANGES FOR THE 3 PROVISION OF SERVICES TO SEXUAL VIOLENCE AND RAPE VICTIMS SHALL 4 DEVELOP MEDICALLY AND FACTUALLY ACCURATE AND OBJECTIVE WRITTEN 5 INFORMATIONAL MATERIALS RELATING TO EMERGENCY CONTRACEPTION FOR 6 DISTRIBUTION TO AND USE IN HOSPITALS AND HEALTH CARE FACILITIES 7 IN THIS COMMONWEALTH, IN QUANTITIES SUFFICIENT TO COMPLY WITH 8 THE REQUIREMENTS OF THIS ACT. 9 (C) REQUIREMENTS.--THE DEPARTMENT SHALL PREPARE, PRODUCE AND 10 DISTRIBUTE TO THE HOSPITALS AND HEALTH CARE FACILITIES AT NO 11 COST TO THE HOSPITALS AND HEALTH CARE FACILITIES THE WRITTEN 12 INFORMATIONAL MATERIALS. THE INFORMATIONAL MATERIAL SHALL: 13 (1) BE IN CLEAR AND CONCISE LANGUAGE, READILY 14 COMPREHENSIBLE, IN SUCH VARIETIES AND FORMS AS THE DEPARTMENT 15 SHALL DEEM NECESSARY TO INFORM VICTIMS IN ENGLISH AND 16 LANGUAGES OTHER THAN ENGLISH. 17 (2) EXPLAIN THE NATURE OF EMERGENCY CONTRACEPTION, 18 INCLUDING ITS USE AND EFFICACY. 19 (3) BE CIRCULATED BY THE DEPARTMENT TO HOSPITALS AND 20 HEALTH CARE FACILITIES IN THIS COMMONWEALTH IN QUANTITIES 21 SUFFICIENT TO COMPLY WITH THE REQUIREMENTS OF THIS ACT. 22 SECTION 5. RULES AND REGULATIONS. 23 THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AS MAY 24 BE NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS ACT 25 NO LATER THAN TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION. 26 SECTION 6. EFFECTIVE DATE. 27 THIS ACT SHALL TAKE EFFECT IN 60 DAYS. A9L35DMS/20070H0288B1847 - 7 -