1Providing for requirements for hospitals and health care
2facilities that provide services to sexual assault victims,
3for provision of information and services relating to
4emergency contraception and for powers and duties of the
5Department of Health.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Compassionate
10Assistance for Rape Emergencies Act.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

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

16"Emergency contraception." Any drug or device approved by
17the Food and Drug Administration, including Plan B, that is used
18after intercourse to inhibit or prevent ovulation or
19fertilization.

1"Emergency services." Medical examinations, forensic
2examinations, procedures and services provided by a hospital or
3health care facility to a sexual assault victim.

4"Health care facility." A public or private clinic, center,
5medical training institution, medical facility, infirmary,
6dispensary or other institution or location wherein emergency
7medical care is provided to any person.

8"Hospital." An institution licensed as a hospital by the
9Department of Health in accordance with Chapter 8 of the act of
10July 19, 1979 (P.L.130, No.48), known as the Health Care
11Facilities Act.

12"Rape crisis center." An office, institution or center that
13has contracted with a Statewide nonprofit organization
14identified by the Department of Public Welfare as the prime
15grantee that arranges for the provision of services to sexual
16violence and rape victims and offers assistance to victims of
17sexual assault and their families through crisis intervention,
18medical and legal accompaniment and follow-up counseling.

19"Sexual assault." Any offense specified in 18 Pa.C.S. Ch. 31 
20Subch. B (relating to definition of offenses).

21"Sexual assault counselor." A person who is engaged or
22employed by an office or center contracted with a Statewide
23nonprofit organization identified by the Department of Public
24Welfare as the prime grantee that arranges for the provision of
25services to sexual violence and rape victims, who has undergone
2640 hours of sexual assault training and is under the control of
27a direct services supervisor of a rape crisis center, whose
28primary purpose is the rendering of advice, counseling or
29assistance to victims of sexual assault.

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

1is alleged to have been a victim of sexual assault.

2Section 3. Duty of hospitals and health care facilities.

3A hospital or health care facility that provides emergency
4services to sexual assault victims shall, upon a victim's
5presenting to the hospital or health care facility, promptly:

6(1) Provide the victim with medically accurate written
7informational materials regarding emergency contraception
8prepared or approved under section 4.

9(2) Orally inform the victim of the availability of
10emergency contraception, its use and efficacy.

11(3) Offer the complete regimen of emergency
12contraception to the victim and provide the regimen onsite
13upon her request.

14(4) Inform the victim of the availability of a sexual
15assault counselor, provide the sexual assault victim with the
16telephone number of the local rape crisis center and contact
17the local rape crisis center at the request of the victim.

18(5) Afford the victim an opportunity to consult with the
19rape crisis counselor in person and in private while at the
20hospital or health care facility.

21Section 4. Informational materials regarding emergency
22contraception.

23(a) Care providers.--A hospital or health care facility that
24provides emergency care to sexual assault victims shall ensure
25that a person who provides care to sexual assault victims is
26furnished with medically accurate written informational
27materials about emergency contraception developed under
28subsection (b).

29(b) Development.--The department in collaboration with a
30Statewide nonprofit organization identified by the Department of

1Public Welfare as the prime grantee that arranges for the
2provision of services to sexual violence and rape victims shall
3develop medically and factually accurate and objective written
4informational materials relating to emergency contraception for
5distribution to and use in hospitals and health care facilities
6in this Commonwealth, in quantities sufficient to comply with
7the requirements of this act.

8(c) Requirements.--The department shall prepare, produce and
9distribute to the hospitals and health care facilities, at no
10cost to the hospitals and health care facilities, the written
11informational materials. The informational material shall:

12(1) Be in clear and concise language, readily
13comprehensible, in such varieties and forms as the department
14shall deem necessary to inform victims in English and
15languages other than English.

16(2) Explain the nature of emergency contraception,
17including its use and efficacy.

18(3) Be circulated by the department to hospitals and
19health care facilities in this Commonwealth in quantities
20sufficient to comply with the requirements of this act.

21Section 5. Rules and regulations.

22The department shall promulgate rules and regulations as may
23be necessary and proper to implement the provisions of this act
24no later than two years after the effective date of this
25section.

26Section 6. Effective date.

27This act shall take effect in 60 days.