2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 5 - Treatment Access › Section 502 - Emergency contraception services for a victim of sexual assault.

Effective 5/3/2023
26B-4-502.
Emergency contraception services for a victim of sexual assault.
(1) Except as provided in Subsection (2), a designated facility shall provide the following services to a victim of sexual assault:
(a) provide the victim with written and oral medical information regarding emergency contraception that is unbiased, accurate, and generally accepted by the medical community as being scientifically valid;
(b) orally inform the victim of sexual assault that the victim may obtain emergency contraception at the designated facility;
(c) offer a complete regimen of emergency contraception to a victim of sexual assault;
(d) provide, at the designated facility, emergency contraception to the victim of sexual assault upon her request;
(e) maintain a protocol, prepared by a physician, for the administration of emergency contraception at the designated facility to a victim of sexual assault; and
(f) develop and implement a written policy to ensure that a person is present at the designated facility, or on-call, who:
(i) has authority to dispense or prescribe emergency contraception, independently, or under the protocol described in Subsection (1)(e), to a victim of sexual assault; and
(ii) is trained to comply with the requirements of this section.
(2) A freestanding urgent care center is exempt from the requirements of Subsection (1) if:
(a) there is a general acute hospital or a critical access hospital within 30 miles of the freestanding urgent care center; and
(b) an employee of the freestanding urgent care center provides the victim with:
(i) written and oral medical information regarding emergency contraception that is unbiased, accurate, and generally accepted by the medical community as being scientifically valid; and
(ii) the name and address of the general acute hospital or critical access hospital described in Subsection (2)(a).
(3) A practitioner shall comply with Subsection (4) with regard to a person who is a victim of sexual assault, if the person presents to receive medical care, or receives medical care, from the practitioner at a location that is not a designated facility.
(4) A practitioner described in Subsection (3) shall:
(a) provide the victim with written and oral medical information regarding emergency contraception that is unbiased, accurate, and generally accepted by the medical community as being scientifically valid; and
(b)
(i)
(A) orally inform the victim of sexual assault that the victim may obtain emergency contraception at the facility where the practitioner is located; and
(B) provide emergency contraception to the victim of sexual assault, if she requests emergency contraception; or
(ii) inform the victim of sexual assault of the nearest location where she may obtain emergency contraception.
(5)
(a) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to enforce the provisions of this section.
(b) The department shall, in an expeditious manner, investigate any complaint received by the department regarding the failure of a health care facility to comply with a requirement of this section.
(c) If the department finds a violation of this section or any rules adopted under this section, the department may take one or more of the actions described in Section 26B-2-208.
Renumbered and Amended by Chapter 307, 2023 General Session