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 323.004. Minimum Standards for Emergency Services

Sec. 323.004.  MINIMUM STANDARDS FOR EMERGENCY SERVICES.  (a)  Except as otherwise provided by Subsection (a-2), after a sexual assault survivor arrives at a health care facility following a sexual assault, the facility shall  provide care to the survivor in accordance with Subsection (b).
(a-1)  A facility that is not a SAFE-ready facility shall inform the sexual assault survivor that:
(1)  the facility is not a SAFE-ready facility and provide to the survivor the name and location of nearby SAFE-ready facilities and the information form required by Section 323.0051; and
(2)  the survivor is entitled, at the survivor's option:
(A)  to receive the care described by Subsection (b) at that facility, subject to Subsection (b-1); or
(B)  to be stabilized and to be referred or transferred to and receive the care described by Subsection (b) at a SAFE-ready facility.
(a-2)  If a sexual assault survivor chooses to be transferred under Subsection (a-1)(2)(B), after obtaining the survivor's written, signed consent to the transfer, the facility shall stabilize and transfer the survivor to a SAFE-ready facility, which shall provide care to the survivor in accordance with Subsection (b).
(a-3)  Before transferring a sexual assault survivor, a health care facility that is not a SAFE-ready facility shall contact the SAFE-ready facility to which the survivor will be transferred to confirm a sexual assault forensic examiner is available at that facility.
(b)  A health care facility providing care to a sexual assault survivor shall provide the survivor with:
(1)  subject to Subsection (b-1), a forensic medical examination in accordance with Subchapter B, Chapter 420, Government Code, and Subchapter G, Chapter 56A, 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 Subchapter H, Chapter 56A, 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;
(7)  the name and telephone number of the nearest sexual assault crisis center; and
(8)  if the health care facility has shower facilities, access to a shower at no cost to the survivor after the examination described by Subdivision (1).
(b-1)  A person may not perform a forensic examination on a sexual assault survivor unless the person has the basic training described by Section 323.0045 or the equivalent education and training.
(c)  A health care facility must obtain documented consent before providing the forensic medical examination and treatment.  The facility shall presume that an adult sexual assault survivor requesting a forensic medical examination and treatment is competent.
(d)  This section does not affect the duty of a health care facility to comply with the requirements of the federal Emergency Medical Treatment and Active Labor Act of 1986 (42 U.S.C. Section 1395dd) that are applicable to the facility.
Added by Acts 2005, 79th Leg., Ch. 934 (H.B. 677), Sec. 1, eff. September 1, 2005.
Renumbered from Health and Safety Code, Section 322.004 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(47), eff. September 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.002(12), eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1140 (H.B. 2626), Sec. 4, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 162 (S.B. 1191), Sec. 2, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 1063 (H.B. 3152), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.54, eff. January 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 1329 (H.B. 4531), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 13, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 19, eff. September 1, 2023.