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H. B. No. 419 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Antonio, Garland
Cosponsors:
Representatives Foley, Ramos, Pillich, Hagan, R., Goyal, Celeste, Fedor, Boyd, Ashford, Letson, Heard, Slesnick, Weddington, Yuko, Reece
A BILL
To amend section 2907.29 and to enact sections
3727.60, 3727.601, and 3727.602 of the Revised
Code to establish the Compassionate Assistance for
Rape Emergencies Act regarding hospital services
provided to victims of sexual assault.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2907.29 be amended and sections
3727.60, 3727.601, and 3727.602 of the Revised Code be enacted to
read as follows:
Sec. 2907.29. Every hospital of this state that offers
organized emergency services shall provide that a physician, a
physician assistant, a clinical nurse specialist, a certified
nurse practitioner, or a certified nurse-midwife is available on
call twenty-four hours each day for the examination of persons
reported to any law enforcement agency to be victims of sexual
offenses cognizable as violations of any provision of sections
2907.02 to 2907.06 of the Revised Code. The physician, physician
assistant, clinical nurse specialist, certified nurse
practitioner, or certified nurse-midwife, upon the request of any
peace officer or prosecuting attorney and with the consent of the
reported victim or upon the request of the reported victim, shall
examine the person for the purposes of gathering physical evidence
and shall complete any written documentation of the physical
examination. The public health council shall establish procedures
for gathering evidence under this section.
Each reported victim shall be informed of available
venereal
disease sexually transmitted infection, pregnancy, medical, and
psychiatric services in accordance with section 3727.601 of the
Revised Code.
Notwithstanding any other provision of law, a minor may
consent to examination under this section. The consent is not
subject to disaffirmance because of minority, and consent of the
parent, parents, or guardian of the minor is not required for an
examination under this section. However, the hospital shall give
written notice to the parent, parents, or guardian of a minor that
an examination under this section has taken place. The parent,
parents, or guardian of a minor giving consent under this section
are not liable for payment for any services provided under this
section without their consent.
Sec. 3727.60. As used in this section and sections 3727.601
and 3727.602 of the Revised Code:
(A) "Drug" has the same meaning as in the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.
321(g)(1), as amended.
(B) "Device" has the same meaning as in the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.
321(h), as amended.
(C) "Emergency contraception" means any drug, drug regimen,
or device intended to prevent pregnancy after unprotected sexual
intercourse or contraceptive failure.
(D) "Sexual assault" means a violation of sections 2907.02 to
2907.06 of the Revised Code.
Sec. 3727.601. (A) It shall be the standard of care in this
state for hospitals that offer organized emergency services to
provide the services specified in divisions (B) and (C) of this
section to victims of sexual assault. The services shall be
provided without regard to the ability of the victim to pay for
the services.
(B) Except as provided in division (E) of this section, the
services specified in divisions (B)(1) and (2) of this section
shall be provided by the hospital to a victim of sexual assault
who is female and, as determined by the hospital, is of
child-bearing age.
(1) The hospital shall provide the victim with information
about emergency contraception. The information shall be medically
and factually accurate and unbiased. It shall be provided in clear
and concise language in both written and oral formats. The
information shall explain all of the following:
(a) That emergency contraception has been approved by the
United States food and drug administration for use by women of all
ages with a prescription and as an over-the-counter product for
women seventeen years of age or older as a safe and effective
means to prevent pregnancy after unprotected sexual intercourse or
contraceptive failure if used in a timely manner;
(b) That emergency contraception is more effective the sooner
it is used following unprotected sexual intercourse or
contraceptive failure;
(c) That emergency contraception does not cause an abortion
and studies have shown that it does not interrupt an established
pregnancy.
(2) The hospital shall promptly offer emergency contraception
to the victim. The hospital shall promptly provide the emergency
contraception if the victim accepts the offer.
(C) The services specified in divisions (C)(1) to (4) of this
section shall be provided by the hospital to a victim of sexual
assault who is female, regardless of whether the victim is of
child-bearing age, and to a victim of sexual assault who is male.
(1) The hospital shall promptly provide the victim with an
assessment of the victim's risk of contracting sexually
transmitted infections, including gonorrhea, chlamydia, syphilis,
and hepatitis. The assessment shall be conducted by a physician,
physician assistant, clinical nurse specialist, certified nurse
practitioner, certified nurse-midwife, or registered nurse. The
assessment shall be based on both of the following:
(a) The available information regarding the sexual assault;
(b) The established standards of risk assessment, including
consideration of any recommendations established by the United
States centers for disease control and prevention, peer-reviewed
clinical studies, and appropriate research using in vitro and
nonhuman primate models of infection.
(2) After conducting the assessment, the hospital shall
provide the victim with counseling concerning the significantly
prevalent sexually transmitted infections for which effective
postexposure treatment exists and for which deferral of treatment
would either significantly reduce treatment efficacy or pose
substantial risk to the victim's health, including the infections
for which prophylactic treatment is recommended based on
guidelines from the centers for disease control and prevention.
The counseling shall be provided by a physician, physician
assistant, clinical nurse specialist, certified nurse
practitioner, certified nurse-midwife, or registered nurse. The
counseling shall be provided in clear and concise language.
(3) After providing the counseling, the hospital shall offer
treatment for sexually transmitted infections to the victim. The
hospital shall provide the treatment if the victim accepts the
offer.
(4) Before the victim leaves the hospital, the hospital shall
provide the victim with counseling on the physical and mental
health benefits of seeking follow-up care from the victim's
primary care physician or from another medical care provider
capable of providing follow-up care to victims of sexual assault.
The counseling shall include information on local organizations
and relevant health providers capable of providing either
follow-up medical care or other health services to victims of
sexual assault. The counseling shall be provided by a physician,
physician assistant, clinical nurse specialist, certified nurse
practitioner, certified nurse-midwife, or registered nurse. The
counseling shall be provided in clear and concise language.
(D) In the case of minors, the services specified in this
section shall be provided at the discretion of the treating
physician and in accordance with the guidelines of the centers for
disease control and prevention.
Notwithstanding any other provision of law, a minor may
consent to the services specified in this section. The consent is
not subject to disaffirmance because of minority, and consent of
the parent, parents, or guardian of the minor is not required for
the services to be provided. The parent, parents, or guardian of a
minor giving consent under this section are not liable for payment
for any services provided under this section without their
consent.
(E) In either of the following cases, a hospital is not
required to provide information about emergency contraception, to
offer emergency contraception, or to provide emergency
contraception to a victim of sexual assault who is female and, as
determined by the hospital, is of child-bearing age:
(1) The hospital is aware that the victim is incapable of
becoming pregnant.
(2) The hospital is aware that the victim is pregnant.
If the hospital has a pregnancy test performed to confirm
whether the victim is pregnant, the hospital shall have the test
performed in such a manner that the results of the test are made
available to the victim during the initial visit to the hospital
regarding the sexual assault.
(F) Nothing in this section shall be construed as meaning any
of the following:
(1) That a hospital is required to provide treatment to a
victim of sexual assault if the treatment goes against
recommendations established by the centers for disease control and
prevention;
(2) That a victim of sexual assault is required to submit to
any testing or treatment;
(3) That a hospital is prohibited from seeking reimbursement
for the costs of services provided under this section from the
victim's health insurance or from medicaid, if applicable, and to
the extent permitted by section 2907.28 of the Revised Code.
Sec. 3727.602. In addition to other remedies under common
law, an individual may file a complaint with the department of
health if the individual believes a hospital has failed to comply
with the requirements of section 3727.601 of the Revised Code. The
department shall investigate the complaint in a timely manner.
If the department determines that a hospital has failed to
provide the services required by section 3727.601 of the Revised
Code to a victim of sexual assault, the department shall, pursuant
to an adjudication under Chapter 119. of the Revised Code, impose
a civil penalty of not less than ten thousand dollars for each
violation.
If the hospital has previously violated section 3727.601 of
the Revised Code, the department may ask the attorney general to
bring an action for injunctive relief in any court of competent
jurisdiction. On the filing of an appropriate petition in the
court, the court shall conduct a hearing on the petition. If it is
demonstrated in the proceedings that the hospital has failed to
provide the services, the court shall grant a temporary or
permanent injunction enjoining the hospital's operation.
Section 2. That existing section 2907.29 of the Revised Code
is hereby repealed.
Section 3. This act shall be known as the "Compassionate
Assistance for Rape Emergencies Act."
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