PRINTER'S NO. 330
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 AND
FREEMAN, FEBRUARY 7, 2007
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
FEBRUARY 7, 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 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Sexual
8 Assault Victim Emergency Treatment Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Health of the Commonwealth.
14 "Emergency treatment." A medical examination, procedure or
15 service provided by a hospital to a sexual assault victim
16 following an alleged sexual assault.
17 "Emergency contraception." A drug or device approved by the
1 Food and Drug Administration to prevent pregnancy when used
2 separately or in combination within a medically recommended
3 period of time after sexual intercourse.
4 "Hospital." A facility that has an organized medical staff
5 and provides equipment and services primarily for inpatient care
6 to persons who require definitive diagnosis or treatment, or
7 both, for injury, illness, pregnancy or other disability.
8 "Sexual assault." Any of the offenses specified in 18
9 Pa.C.S. Ch. 31 Subch. B (relating to definition of offenses).
10 "Sexual assault victim." A female who alleges or is alleged
11 to have been a victim of a sexual assault.
12 Section 3. Requirements for hospitals.
13 (a) General rule.--A hospital that provides emergency
14 treatment to a sexual assault victim shall:
15 (1) Provide each sexual assault victim with medically
16 and factually accurate and objective written and oral
17 information about emergency contraception.
18 (2) Orally inform each sexual assault victim that the
19 hospital can provide emergency contraception to her.
20 (3) Provide emergency contraception promptly to each
21 sexual assault victim who requests it, unless emergency
22 contraception is medically contraindicated.
23 (b) Written policy.--A hospital that provides emergency
24 treatment to a sexual assault victim shall develop and implement
25 a written policy to ensure that all personnel who treat or give
26 information to a sexual assault victim are trained to provide
27 medically and factually accurate and objective information about
28 emergency contraception to sexual assault victims.
29 Section 4. Department responsibilities.
30 (a) General rule.--The department, in collaboration with a
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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 victims of rape and sexual assault,
4 shall develop written information that a hospital gives to
5 sexual assault victims. The information shall:
6 (1) Be clearly written and easily comprehensible.
7 (2) Be in English and any other language deemed
8 necessary.
9 (3) Explain what emergency contraception is and how it
10 works, including the different types of emergency
11 contraception, its effectiveness in preventing pregnancy and
12 the medical risks associated with it.
13 (b) Distribution of information.--The department shall
14 produce the written information and shall distribute it to
15 hospitals in quantities deemed sufficient to comply with this
16 act.
17 (c) Annual reporting by hospitals.--The department shall
18 require each hospital to report annually regarding the number of
19 sexual assault victims treated by that hospital and what that
20 treatment entailed, including the number of sexual assault
21 victims to whom emergency contraception was given.
22 (d) Department report to General Assembly.--The department
23 shall include the information described in subsection (c) in its
24 annual report to the General Assembly pursuant to section 804(d)
25 of the act of July 19, 1979 (P.L.130, No.48), known as the
26 Health Care Facilities Act.
27 Section 5. Violations.
28 A violation of this act shall constitute a violation of the
29 act of July 19, 1979 (P.L.130, No.48), known as the Health Care
30 Facilities Act, and shall be resolved pursuant to Chapter 8 of
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1 that act.
2 Section 6. Regulations.
3 The department shall promulgate any regulations necessary to
4 implement this act within two years of the effective date of
5 this section. In order to facilitate the prompt implementation
6 of this act, the department may promulgate temporary regulations
7 that expire no later than two years from the effective date of
8 this section. The temporary regulations shall not be subject to:
9 (1) Sections 201 through 205 of the act of July 31, 1968
10 (P.L.769, No.240), referred to as the Commonwealth Documents
11 Law.
12 (2) The act of June 25, 1982 (P.L.633, No.181), known as
13 the Regulatory Review Act.
14 Section 7. Effective date.
15 This act shall take effect in 90 days.
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