THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY LEACH, KITCHEN, WILLIAMS, TARTAGLIONE AND FERLO, FEBRUARY 7, 2011

REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 7, 2011  

AN ACT

Providing for requirements for hospitals and health care

facilities that provide services to sexual assault victims,

for provision of information and services relating to

emergency contraception and for powers and duties of the

Department of Health.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Compassionate

Assistance for Rape Emergencies Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Health of the Commonwealth.

"Emergency contraception."  Any drug or device approved by

the Food and Drug Administration, including Plan B, that is used

after intercourse to inhibit or prevent ovulation or

fertilization.

"Emergency services."  Medical examinations, forensic

examinations, procedures and services provided by a hospital or

health care facility to a sexual assault victim.

"Health care facility."  Any public or private clinic,

center, medical training institution, medical facility,

infirmary, dispensary or other institution or location wherein

emergency medical care is provided to any person.

"Hospital."  An institution licensed as a hospital by the

Department of Health in accordance with Chapter 8 of the act of

July 19, 1979 (P.L.130, No.48), known as the Health Care

Facilities Act.

"Rape crisis center."  An office, institution or center that

has contracted with a Statewide nonprofit organization

identified by the Department of Public Welfare as the prime

grantee that arranges for the provision of services to sexual

violence and rape victims and offers assistance to victims of

sexual assault and their families through crisis intervention,

medical and legal accompaniment and follow-up counseling.

"Sexual assault."  Any offense specified in 18 Pa.C.S. Ch. 31

Subch. B (relating to definition of offenses).

"Sexual assault counselor."  A person who is engaged or

employed by an office or center contracted with a Statewide

nonprofit organization identified by the Department of Public

Welfare as the prime grantee that arranges for the provision of

services to sexual violence and rape victims, who has undergone

40 hours of sexual assault training and is under the control of

a direct services supervisor of a rape crisis center, whose

primary purpose is the rendering of advice, counseling or

assistance to victims of sexual assault.

"Sexual assault victim" or "victim."  A female who alleges or

is alleged to have been a victim of sexual assault.

Section 3.  Duty of hospitals and health care facilities.

A hospital or health care facility that provides emergency

services to sexual assault victims shall, upon a victim's

presenting to the hospital or health care facility, promptly:

(1)  Provide the victim with medically accurate written

informational materials regarding emergency contraception

prepared or approved under section 4.

(2)  Orally inform the victim of the availability of

emergency contraception, its use and efficacy.

(3)  Offer the complete regimen of emergency

contraception to the victim and provide the regimen onsite

upon her request.

(4)  Inform the victim of the availability of a sexual

assault counselor, provide the sexual assault victim with the

telephone number of the local rape crisis center and contact

the local rape crisis center at the request of the victim.

(5)  Afford the victim an opportunity to consult with the

rape crisis counselor in person and in private while at the

hospital or health care facility.

Section 4.  Informational materials regarding emergency

contraception.

(a)  Care providers.--A hospital or health care facility that

provides emergency care to sexual assault victims shall ensure

that a person who provides care to sexual assault victims is

furnished with medically accurate written informational

materials about emergency contraception developed under

subsection (b).

(b)  Development.--The department in collaboration with a

Statewide nonprofit organization identified by the Department of

Public Welfare as the prime grantee that arranges for the

provision of services to sexual violence and rape victims shall

develop medically and factually accurate and objective written

informational materials relating to emergency contraception for

distribution to and use in hospitals and health care facilities

in this Commonwealth, in quantities sufficient to comply with

the requirements of this act.

(c)  Requirements.--The department shall prepare, produce and

distribute to the hospitals and health care facilities, at no

cost to the hospitals and health care facilities, the written

informational materials. The informational material shall:

(1)  Be in clear and concise language, readily

comprehensible, in such varieties and forms as the department

shall deem necessary to inform victims in English and

languages other than English.

(2)  Explain the nature of emergency contraception,

including its use and efficacy.

(3)  Be circulated by the department to hospitals and

health care facilities in this Commonwealth in quantities

sufficient to comply with the requirements of this act.

Section 5.  Rules and regulations.

The department shall promulgate rules and regulations as may

be necessary and proper to implement the provisions of this act

no later than two years from the effective date of this section.

Section 6.  Effective date.

This act shall take effect in 60 days.