PRINTER'S NO. 2004
No. 1575 Session of 2007
INTRODUCED BY REICHLEY, CASORIO, CURRY, JAMES, KORTZ, McILHATTAN, R. MILLER, NAILOR, PETRONE, QUINN, ROEBUCK, RUBLEY, SONNEY AND WATSON, JUNE 20, 2007
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JUNE 20, 2007
AN ACT 1 Entitling victims of sexual assault who receive treatment at 2 hospitals and health care facilities that provide services to 3 sexual assault victims to the provision of information and 4 services relating to sexual assault; and further providing 5 for powers and duties of the Department of Health. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Provision by hospitals and health care facilities 9 for offering sexual assault services to sexual 10 assault victims. 11 (a) Initial actions.--Every hospital or health care facility 12 that provides emergency services to sexual assault victims 13 shall, immediately upon identifying a patient as a victim of 14 sexual assault: 15 (1) Orally inform the victim of the availability of 16 emergency contraception, its use and efficacy. 17 (2) Provide the victim with written informational 18 materials regarding emergency contraception prepared or
1 approved pursuant to subsection (b). 2 (3) Offer the complete regimen of emergency 3 contraception to such victim and provide the regimen upon the 4 victim's request. 5 (4) Inform the victim of the availability of a rape 6 crisis counselor for the purpose of obtaining information 7 regarding the physical, mental and emotional reactions which 8 are common to victims of sexual assault and contact the local 9 rape crisis center at the request of the victim. 10 (5) Provide the victim with the opportunity to meet with 11 a local rape crisis counselor in person and in private while 12 at the hospital or health care facility. 13 (b) Training health care providers regarding emergency 14 contraception.-- 15 (1) A hospital and health care facility providing 16 emergency care to sexual assault victims shall ensure that a 17 person who provides care to sexual assault victims is 18 provided with written informational materials about emergency 19 contraception developed under paragraph (2). 20 (2) The department in collaboration with a Statewide 21 nonprofit organization identified by the Department of Public 22 Welfare as the prime grantee that arranges for the provision 23 of services to sexual violence and rape victims shall develop 24 medically and factually accurate and objective written 25 informational materials relating to emergency contraception 26 for distribution to and use in hospitals and health care 27 facilities in this Commonwealth, in quantities sufficient to 28 comply with the requirements of this section. 29 (3) The department shall prepare, produce and distribute 30 to the hospitals and health care facilities at no cost to the 20070H1575B2004 - 2 -
1 hospitals and health care facilities the aforementioned 2 written informational materials. The informational material 3 shall: 4 (i) Be in clear and concise language, readily 5 comprehensible, in such varieties and forms as the 6 department shall deem necessary to inform victims in 7 English and languages other than English. 8 (ii) Explain the nature of emergency contraception, 9 including its use and efficacy. 10 (iii) Be circulated by the department to 11 Pennsylvania hospitals and health care facilities in 12 quantities sufficient to comply with the requirements of 13 this section. 14 (c) Religious freedom protection.--Nothing in this section 15 shall be construed to require a religiously affiliated health 16 care facility or hospital to provide, allow, participate in or 17 refer a patient to health care services which are contrary to 18 the religious beliefs or practices of the facility or hospital, 19 provided that the facility or hospital shall, at the time of 20 treatment of a sexual assault victim, provide written notice to 21 the victim of its policies regarding the provision of emergency 22 contraceptives to sexual assault victims and that the 23 religiously affiliated health care facility or hospital 24 providing emergency services in compliance with this section has 25 tested the victim and found the victim to meet the definition of 26 being pregnant as defined under 18 Pa.C.S. § 3203 (relating to 27 definitions). 28 (d) Rules and regulations.--Not later than two years after 29 the effective date of this act, the department shall promulgate 30 rules and regulations as may be necessary to carry out the 20070H1575B2004 - 3 -
1 provisions of this section. 2 (e) Definitions.--As used in this section, the following 3 words and phrases shall have the meanings given to them in this 4 subsection: 5 "Department." The Department of Health of the Commonwealth. 6 "Emergency contraception." Any drug or device approved by 7 the Food and Drug Administration that is used after intercourse 8 to inhibit or prevent ovulation, fertilization or the 9 implantation of a fertilized ovum within the uterus. 10 "Emergency services." Medical examinations, forensic 11 examinations, procedures and services provided by a hospital or 12 health care facility to a sexual assault victim. 13 "Rape crisis center." An organization that has contracted 14 with a Statewide nonprofit organization identified by the 15 Department of Public Welfare as the prime grantee that arranges 16 for the provision of services to sexual assault and rape victims 17 and has a primary purpose or mission to provide services to 18 victims of sexual assault. 19 "Rape crisis counselor." A person who is engaged or employed 20 by an office or center contracted with a Statewide nonprofit 21 organization identified by the Department of Public Welfare as 22 the prime grantee that arranges for the provision of services to 23 sexual assault and rape victims and which has as a primary 24 purpose or mission to provide services to victims of sexual 25 assault. 26 "Sexual assault." Any offense specified in 18 Pa.C.S. Ch. 31 27 Subch. B (relating to definition of offenses). 28 "Sexual assault victim" or "victim." A person who has been 29 sexually assaulted and presents or is transported to a health 30 care professional, hospital or other health care facility. 20070H1575B2004 - 4 -
1 Section 2. Effective date. 2 This act shall take effect in 60 days. E30L35RLE/20070H1575B2004 - 5 -