2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault › Subchapter A. Emergency Services for Survivors › Section 323.005. Information Form

Sec. 323.005.  INFORMATION FORM.  (a)  The commission shall develop a standard information form for sexual assault survivors that must include:
(1)  a detailed explanation of the forensic medical examination required to be provided by law, including a statement that photographs may be taken of the genitalia;
(2)  information regarding treatment of sexually transmitted infections and pregnancy, including:
(A)  generally accepted medical procedures;
(B)  appropriate medications; and
(C)  any contraindications of the medications prescribed for treating sexually transmitted infections and preventing pregnancy;
(3)  information regarding drug-facilitated sexual assault, including the necessity for an immediate urine test for sexual assault survivors who may have been involuntarily drugged;
(4)  information regarding crime victims compensation and regarding the payment of costs and the reimbursements available for care to be provided as described by Subchapter G, Chapter 56A, Code of Criminal Procedure;
(5)  an explanation that consent for the forensic medical examination may be withdrawn at any time during the examination;
(6)  the name and telephone number of sexual assault crisis centers statewide;
(7)  information regarding postexposure prophylaxis for HIV infection;
(8)  information regarding the period for which biological evidence collected from the forensic medical examination will be retained and preserved under Article 38.43, Code of Criminal Procedure; and
(9)  a statement that the survivor has the right to access a shower for free after the forensic medical examination, if shower facilities are available at the health care facility.
(b)  A health care facility shall use the standard form developed under this section.
(c)  An individual employed by or under contract with a health care facility may refuse to provide the information form required by this section for ethical or religious reasons.  If an individual employed by or under contract with a health care facility refuses to provide the survivor with the information form, the health care facility must ensure that the information form is provided without delay to the survivor by another individual employed by or under contract with the facility.
(d)  In addition to providing the information form described by Subsection (a), a health care facility shall ensure that the information described by Subsection (a)(4)(A) is orally communicated to the survivor.
Added by Acts 2005, 79th Leg., Ch. 934 (H.B. 677), Sec. 1, eff. September 1, 2005.
Renumbered from Health and Safety Code, Section 322.005 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(47), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1140 (H.B. 2626), Sec. 5, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 10, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.55, eff. January 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 1037 (H.B. 616), Sec. 6, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 14, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 10.005, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 20, eff. September 1, 2023.