PRINTER'S NO. 522
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
542
Session of
2015
INTRODUCED BY LEACH, TEPLITZ, FARNESE, HAYWOOD AND TARTAGLIONE,
FEBRUARY 25, 2015
REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 25, 2015
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.
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"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." A 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 Human Services 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 Human
Services 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
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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
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Human Services 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 after the effective date of this
section.
Section 6. Effective date.
This act shall take effect in 60 days.
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