PRIOR PRINTER'S NO. 1362 PRINTER'S NO. 2109
No. 990 Session of 2005
INTRODUCED BY CONTI, C. WILLIAMS, BROWNE, EARLL, TARTAGLIONE,
BOSCOLA, MUSTO, KITCHEN, LEMMOND, LAVALLE, FERLO, WASHINGTON,
FONTANA AND HUGHES, NOVEMBER 15, 2005
SENATOR CORMAN, PUBLIC HEALTH AND WELFARE, AS AMENDED,
OCTOBER 3, 2006
AN ACT
1 Providing for requirements for hospitals and health care
2 facilities that provide services to sexual assault victims,
3 for provision of information and services relating to
4 emergency contraception and for powers and duties of the
5 Department of Health.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Compassionate
10 Assistance for Rape Emergencies (CARE) Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Department." The Department of Health of the Commonwealth.
16 "Emergency contraception." Any drug or device approved by
17 the Food and Drug Administration INCLUDING PLAN B, that is used <--
18 after intercourse to inhibit or prevent ovulation, fertilization <--
1 or the or fertilization implantation of a fertilized ovum within
2 the uterus. OR FERTILIZATION. <--
3 "Emergency services." Medical examinations, forensic
4 examinations, procedures and services provided by a hospital or
5 health care facility to a sexual assault victim.
6 "Health care facility." Any public or private clinic,
7 center, medical training institution, medical facility,
8 infirmary, dispensary or other institution or location wherein
9 emergency medical care is provided to any person.
10 "Hospital." An institution licensed as a hospital by the
11 Department of Health in accordance with Chapter 8 of the act of
12 July 19, 1979 (P.L.130, No.48), known as the Health Care
13 Facilities Act.
14 "Rape crisis center." An office, institution or center that
15 has contracted with a Statewide nonprofit organization
16 identified by the Department of Public Welfare as the prime
17 grantee that arranges for the provision of services to sexual
18 violence and rape victims and offers assistance to victims of
19 sexual assault and their families through crisis intervention,
20 medical and legal accompaniment and follow-up counseling.
21 "Sexual assault." Any offense specified in 18 Pa.C.S. Ch. 31
22 Subch. B (relating to definition of offenses).
23 "Sexual assault counselor." A person who is engaged or
24 employed by an office or center contracted with a Statewide
25 nonprofit organization identified by the Department of Public
26 Welfare as the prime grantee that arranges for the provision of
27 services to sexual violence and rape victims, who has undergone
28 40 hours of sexual assault training and is under the control of
29 a direct services supervisor of a rape crisis center, whose
30 primary purpose is the rendering of advice, counseling or
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1 assistance to victims of sexual assault.
2 "Sexual assault victim" or "victim." A female who has been
3 sexually assaulted and presents or is transported to a health
4 care professional, hospital or other health care facility.
5 Section 3. Duty of hospitals and health care facilities.
6 A hospital or health care facility that provides emergency
7 services to sexual assault victims shall, upon a victim's
8 presenting to the hospital or health care facility, promptly:
9 (1) Provide the victim with medically accurate written
10 informational materials regarding emergency contraception
11 prepared or approved under section 4. <--
12 (2) Orally inform the victim of the availability of
13 emergency contraception, its use and efficacy, EFFICACY AND <--
14 RISKS IDENTIFIED BY THE FOOD AND DRUG ADMINISTRATION OR THE
15 PHARMACEUTICAL MANUFACTURER.
16 (3) Offer the complete regimen of emergency
17 contraception to the victim and provide the regimen onsite
18 upon her request.
19 (4) Inform the victim of the availability of a sexual
20 assault counselor, provide the sexual assault victim with the
21 telephone number of the local rape crisis center and contact
22 the local rape crisis center at the request of the victim.
23 (5) Afford the victim an opportunity to consult with the
24 rape crisis SEXUAL ASSAULT counselor in person and in private <--
25 while at the hospital or health care facility.
26 Section 4. Informational materials regarding emergency
27 contraception.
28 (a) Care providers.--A hospital or health care facility that
29 provides emergency care to sexual assault victims shall ensure
30 that a person who provides care to sexual assault victims is
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1 furnished with medically accurate written informational
2 materials about emergency contraception developed under <--
3 subsection (b).
4 (b) Development.--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 sexual violence and rape victims shall
8 develop medically and factually accurate and objective written
9 informational materials relating to emergency contraception for
10 distribution to and use in hospitals and health care facilities
11 in this Commonwealth, in quantities sufficient to comply with
12 the requirements of this act.
13 (c) Requirements.--The department shall prepare, produce and
14 distribute to the hospitals and health care facilities AS <--
15 REQUESTED AND at no cost to the hospitals and health care
16 facilities the written informational materials. The
17 informational material shall:
18 (1) Be in clear and concise language, readily
19 comprehensible, in such varieties and forms as the department
20 shall deem necessary to inform victims in English and
21 languages other than English.
22 (2) Explain the nature of emergency contraception,
23 including its use and efficacy, EFFICACY AND RISKS IDENTIFIED <--
24 BY THE FOOD AND DRUG ADMINISTRATION OR THE PHARMACEUTICAL
25 MANUFACTURER.
26 (3) Be circulated by the department to hospitals and
27 health care facilities in this Commonwealth UPON REQUEST in <--
28 quantities sufficient to comply with the requirements of this
29 act.
30 (D) OPTIONAL MATERIALS.--A HOSPITAL OR HEALTH CARE FACILITY <--
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1 USING WRITTEN INFORMATIONAL MATERIALS OTHER THAN THOSE PREPARED
2 BY THE DEPARTMENT IN ORDER TO SATISFY THE REQUIREMENTS OF
3 SECTION 3(1) SHALL HAVE THOSE WRITTEN MATERIALS REVIEWED BY THE
4 DEPARTMENT PRIOR TO DISTRIBUTION. THE DEPARTMENT SHALL NOT
5 REIMBURSE A HOSPITAL OR HEALTH CARE FACILITY FOR THE COST OF THE
6 WRITTEN MATERIALS IF THE HOSPITAL OR HEALTH CARE FACILITY
7 PREPARES AND PRODUCES THE OPTIONAL MATERIALS.
8 Section 5. Rules and regulations.
9 The department shall promulgate rules and regulations NOT <--
10 INCONSISTENT WITH SECTION 7 as may be necessary and proper to
11 implement the provisions of this act no later than two years
12 from the effective date of this act.
13 SECTION 6. ENFORCEMENT. <--
14 THE DEPARTMENT SHALL ENFORCE COMPLIANCE WITH THIS ACT
15 PURSUANT TO SECTIONS 811 AND 814 OF THE ACT OF JULY 19, 1979
16 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES ACT.
17 SECTION 7. RELIGIOUS FACILITIES EXCEPTION.
18 NOTHING IN THIS ACT REQUIRES OR SHALL BE CONSTRUED TO REQUIRE
19 A RELIGIOUSLY AFFILIATED HEALTH CARE FACILITY TO PROVIDE,
20 PARTICIPATE IN PROVIDING OR REFER OR TRANSPORT A VICTIM FOR
21 EMERGENCY CONTRACEPTION IF SUCH ACTIVITY WOULD BE CONTRARY TO
22 THE STATED RELIGIOUS BELIEFS, PRACTICES OR POLICIES OF THE
23 FACILITY SO LONG AS THE FACILITY PROVIDES NOTICE TO A VICTIM OF
24 ITS POLICIES REGARDING EMERGENCY CONTRACEPTION AND COMPLIES WITH
25 SECTION 3(1), (2), (4) AND (5). THE NOTICE MUST BE POSTED
26 CONSPICUOUSLY IN THE EMERGENCY ROOM OR WAITING AREA OF THE
27 FACILITY.
28 Section 6 20. Effective date. <--
29 This act shall take effect in 60 days.
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