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| To enact sections 2907.12, 3727.50, 3727.501, and | 1 |
| 3727.502, of the Revised Code to establish the | 2 |
| Compassionate Assistance for Rape Emergencies Act | 3 |
| regarding emergency services provided to victims | 4 |
| of sexual assault. | 5 |
| Section 1. That sections 2907.12, 3727.50, 3727.501, and | 6 |
| 3727.502, of the Revised Code be enacted to read as follows: | 7 |
| Sec. 2907.12. No law enforcement officer, state or local | 8 |
| government official, or agent of a law enforcement officer or | 9 |
| state or local government official shall ask or require a victim | 10 |
| of an alleged violation of any provision of sections 2907.02 to | 11 |
| 2907.09 of the Revised Code to submit to a polygraph examination | 12 |
| or other truth telling device as a condition for proceeding with | 13 |
| the investigation and prosecution of the alleged violation. No law | 14 |
| enforcement officer, state or local government official, or agent | 15 |
| of a law enforcement officer or state or local government official | 16 |
| shall fail or refuse to investigate or prosecute the alleged | 17 |
| violation because the victim refused to submit to a polygraph or | 18 |
| other truth telling device examination. The failure of the victim | 19 |
| to submit to a polygraph or other truth telling device examination | 20 |
| shall not be commented on at trial or in any court proceeding. | 21 |
| Sec. 3727.50. (A) As used in sections 3727.501 and 3727.502 | 22 |
| of the Revised Code: | 23 |
| (1) "Drug" has the same meaning as in the "Federal Food, | 24 |
| Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C. | 25 |
| 321(g)(1), as amended. | 26 |
| (2) "Device" has the same meaning as in the "Federal Food, | 27 |
| Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C. | 28 |
| 321(h), as amended. | 29 |
| (3) "Emergency contraception" means any drug or device | 30 |
| intended to prevent pregnancy after unprotected sexual intercourse | 31 |
| or contraceptive failure. | 32 |
| (4) "Sexual assault" means a violation of sections 2907.02 to | 33 |
| 2907.06 of the Revised Code. | 34 |
| Sec. 3727.501. (A) It shall be the standard of care in this | 35 |
| state for hospitals that offer organized emergency services to | 36 |
| provide the following care to victims of sexual assault or | 37 |
| individuals believed to be victims of sexual assault without | 38 |
| regard to the victim's ability to pay for the care: | 39 |
| (1) The hospital shall provide the victim medically and | 40 |
| factually accurate, unbiased, and clear and concise written and | 41 |
| oral information about emergency contraception that explains the | 42 |
| following: | 43 |
| (a) That emergency contraception has been approved by the | 44 |
| United States food and drug administration for use by women of all | 45 |
| ages with a prescription and as an over-the-counter medication for | 46 |
| women eighteen years of age or older as a safe and effective means | 47 |
| to prevent pregnancy after unprotected sexual intercourse or | 48 |
| contraceptive failure if taken in a timely manner; | 49 |
| (b) That emergency contraception is more effective the sooner | 50 |
| it is taken following unprotected sexual intercourse or | 51 |
| contraceptive failure; | 52 |
| (c) That emergency contraception does not cause an abortion | 53 |
| and studies have shown that it does not interrupt an established | 54 |
| pregnancy. | 55 |
| (2) The hospital shall promptly offer the victim emergency | 56 |
| contraception and provide the emergency contraception if the | 57 |
| victim accepts the offer. | 58 |
| (3) The hospital shall promptly provide a victim with an | 59 |
| assessment of the victim's risk of contracting sexually | 60 |
| transmitted disease, conducted by a physician, physician | 61 |
| assistant, clinical nurse specialist, certified nurse | 62 |
| practitioner, or a certified nurse-midwife and based on the | 63 |
| following: | 64 |
| (a) The available information regarding the sexual assault. | 65 |
| (b) The established standards of risk assessment, including | 66 |
| consideration of any recommendations established by the United | 67 |
| States centers for disease control and prevention, peer-reviewed | 68 |
| clinical studies, and appropriate research using invitro and | 69 |
| nonhuman primate model of infection. | 70 |
| (4) The hospital shall provide the victim with counseling, in | 71 |
| clear and concise language, conducted by a physician, physician | 72 |
| assistant, clinical nurse specialist, certified nurse | 73 |
| practitioner, or a certified nurse-midwife concerning the | 74 |
| following: | 75 |
| (a) The significantly prevalent sexually transmitted diseases | 76 |
| for which effective post-exposure treatment exists and for which | 77 |
| deferral of treatment would either significantly reduce treatment | 78 |
| efficacy or pose substantial risk to the victim's health, | 79 |
| including for adults, the diseases for which prophylactic | 80 |
| treatment is recommended based on guidelines from the centers for | 81 |
| disease control and prevention; | 82 |
| (b) The requirement that treatment for diseases described in | 83 |
| this section be provided to the victim on request, regardless of | 84 |
| the victim's ability to pay for the treatment; | 85 |
| (c) The physical and mental health benefits of seeking | 86 |
| follow-up care from the victim's primary care physician or from | 87 |
| another medical care provider capable of providing follow-up care | 88 |
| to victims of sexual assault; | 89 |
| (d) Local organizations and relevant health providers capable | 90 |
| of providing either follow-up medical care or other health | 91 |
| services to victims of sexual assault. | 92 |
| (B) For minors, the hospital shall discuss and offer | 93 |
| prophylactic treatment for sexually transmitted diseases, | 94 |
| including gonorrhea, chlamydia, syphilis, and hepatitis. Treatment | 95 |
| and testing of minors shall be at the discretion of the treating | 96 |
| physician and in accordance with the guidelines of the centers for | 97 |
| disease control and prevention. | 98 |
| (C) Notwithstanding any other provision of law, a minor may | 99 |
| consent to examination under this section. The consent is not | 100 |
| subject to disaffirmance because of minority, and consent of the | 101 |
| parent, parents, or guardian of the minor is not required for an | 102 |
| examination under this section. The parent, parents, or guardian | 103 |
| of a minor giving consent under this section are not liable for | 104 |
| payment for any services provided under this section without their | 105 |
| consent. | 106 |
| (D) Nothing in this section shall be construed to mean the | 107 |
| following: | 108 |
| (1) That a hospital shall be required to provide treatment to | 109 |
| a victim of sexual assault if the treatment goes against | 110 |
| recommendations established by the United States centers for | 111 |
| disease control and prevention; | 112 |
| (2) That a victim shall be required to submit to any testing | 113 |
| or treatment; | 114 |
| (3) That a hospital is prohibited from seeking reimbursement | 115 |
| for the costs of services provided under this section from the | 116 |
| victim's health insurance or medicaid, if applicable, and to the | 117 |
| extent permitted by section 2907.28 of the Revised Code. | 118 |
| Sec. 3727.502. In addition to other remedies under common | 119 |
| law, an individual may file a complaint with the department of | 120 |
| health if the individual believes a hospital has failed to comply | 121 |
| with the requirements of section 3727.501 of the Revised Code. The | 122 |
| department shall investigate the complaint in a timely manner. If | 123 |
| the department determines a violation has occurred, the department | 124 |
| shall, pursuant to a hearing under Chapter 119. of the Revised | 125 |
| Code, do the following: | 126 |
| (A) If the hospital fails to provide the care or services | 127 |
| required in section 3727.501 of the Revised Code to a sexual | 128 |
| assault victim, impose a civil penalty of not less than ten | 129 |
| thousand dollars for each violation; | 130 |
| (B) If the hospital has previously violated section 3727.501 | 131 |
| of the Revised Code, the department may ask the attorney general | 132 |
| to bring an action for injunctive relief in any court of competent | 133 |
| jurisdiction. On the filing of an appropriate petition in the | 134 |
| court, the court shall conduct a hearing on the petition. If it is | 135 |
| demonstrated in the proceedings that the hospital has failed to | 136 |
| provide the care or services, the court shall grant a temporary or | 137 |
| permanent injunction enjoining the hospital's operation. | 138 |
| Section 2. This act shall be known as the "Compassionate | 139 |
| Assistance for Rape Emergencies Act." | 140 |