See other bills
under the
same topic
        PRIOR PRINTER'S NO. 330                       PRINTER'S NO. 1847

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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 -