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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 4. HEALTH FACILITIES |
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Subtitle G. PROVISION OF SERVICES IN CERTAIN FACILITIES |
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Chapter 323. EMERGENCY SERVICES FOR SURVIVORS OF SEXUAL ASSAULT |
Sec. 323.004. MINIMUM STANDARDS FOR EMERGENCY SERVICES
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(a) After a sexual assault survivor arrives at a health care facility following an alleged sexual assault, the facility shall:
(1) provide care to the survivor in accordance with Subsection (b); or
(2) stabilize and transfer the survivor to a health care facility designated in a community-wide plan as the primary health care facility in the community for treating sexual assault survivors, which shall provide care to the survivor in accordance with Subsection (b).
(b) A health care facility providing care to a sexual assault survivor shall provide the survivor with:
(1) a forensic medical examination in accordance with Subchapter B, Chapter 420, Government Code, if the examination has been requested by a law enforcement agency under Article 56.06, Code of Criminal Procedure, or is conducted under Article 56.065, Code of Criminal Procedure;
(2) a private area, if available, to wait or speak with the appropriate medical, legal, or sexual assault crisis center staff or volunteer until a physician, nurse, or physician assistant is able to treat the survivor;
(3) access to a sexual assault program advocate, if available, as provided by Article 56.045, Code of Criminal Procedure;
(4) the information form required by Section 323.005;
(5) a private treatment room, if available;
(6) if indicated by the history of contact, access to appropriate prophylaxis for exposure to sexually transmitted infections; and
(7) the name and telephone number of the nearest sexual assault crisis center.
(c) A health care facility must obtain documented consent before providing the forensic medical examination and treatment.