First Substitute H.B. 132

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 24, 2009 at 11:02 AM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Mon, Mar 2, 2009 at 3:00 PM by jeyring. -->

Representative Jackie Biskupski proposes the following substitute bill:

1 SEXUAL ASSAULT VICTIM PROTOCOLS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jackie Biskupski
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill enacts Sexual Assault Victim Protocols within the Utah Health Code.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . requires a designated facility to provide to a victim of sexual assault with:
14 . information regarding emergency contraception; and
15 . emergency contraception, upon request by the victim;
16 . requires a designated facility to:
17 . maintain a protocol, prepared by a physician, for the administration of
18 emergency contraception at the designated facility to a victim of sexual assault;
19 and
20 . develop and implement a written policy to ensure that a person is present at the
21 facility, or on-call, who has authority and training to comply with the
22 requirements of this bill;
23 . requires a H. [ physician ] practitioner .H who is not at a designated facility to:
24 . provide a victim of sexual assault with information regarding emergency
25 contraception; and

26 . provide the victim of sexual assault with emergency contraception, upon her
27 request, or inform her of the nearest location where she may obtain
28 emergency contraception;
29 . grants rulemaking authority to the Department of Health; and
30 . provides for the enforcement of the provisions of this bill by the Department of
31 Health.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 ENACTS:
38 26-21b-101, Utah Code Annotated 1953
39 26-21b-102, Utah Code Annotated 1953
40 26-21b-201, Utah Code Annotated 1953
41 26-21b-301, Utah Code Annotated 1953
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 26-21b-101 is enacted to read:
45 CHAPTER 21b. SEXUAL ASSAULT VICTIM PROTOCOLS
46 Part 1. General Provisions
47 26-21b-101. Title.
48 This chapter is known as "Sexual Assault Victim Protocols."
49 Section 2. Section 26-21b-102 is enacted to read:
50 26-21b-102. Definitions.
51 As used in this chapter:
52 (1) "Designated facility" means:
53 (a) a freestanding urgent care center, as defined in Section 59-12-801 ; H. [ or ] .H
54 (b) a general acute hospital, as defined in Section 26-21-2 H. [ . ] ; or
54a (c) a critical access hospital that meets the criteria of 42 U.S.C. 1395i-4(c)(2)
54b (1998). .H
55 (2) "Emergency contraception" means the use of a substance H. [ or device ] .H ,
55a approved by the
56 United States Food and Drug Administration, to prevent pregnancy after sexual intercourse.

57 (3) "Physician" means a person:
58 (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
59 (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
60 Practice Act.
60a H. (4) "Practitioner" means:
60b (a) a physician; or
60c (b) any other person who is permitted by law to prescribe emergency
60d contraception.
61 [ (4) ] (5) .H "Sexual assault" means any criminal conduct described in Title 76,
61a Chapter 5, Part
62 4, Sexual Offenses, that may result in a pregnancy.
63 H. [ (5) ] (6) .H "Victim of sexual assault" means any person who presents to receive,
63a or receives,
64 medical care in consequence of being subjected to sexual assault.
65 Section 3. Section 26-21b-201 is enacted to read:
66 Part 2. Emergency Contraception Services
67 26-21b-201. Emergency contraception services for a victim of sexual assault.
68 (1) A designated facility shall provide the following services to a victim of sexual
69 assault:
70 (a) provide the victim with written and oral medical information regarding emergency
71 contraception that is unbiased, accurate, and generally accepted by the medical community as
72 being scientifically valid;
73 (b) orally inform the victim of sexual assault that the victim may obtain emergency
74 contraception at the designated facility;
75 (c) offer a complete regimen of emergency contraception to a victim of sexual assault;
76 (d) provide, at the designated facility, emergency contraception to the victim of sexual
77 assault upon her request;
78 (e) maintain a protocol, prepared by a physician, for the administration of emergency
79 contraception at the designated facility to a victim of sexual assault; and
80 (f) develop and implement a written policy to ensure that a person is present at the
81 designated facility, or on-call, who:
82 (i) has authority to dispense or prescribe emergency contraception, independently, or
83 under the protocol described in Subsection H. [ (5) ] (1)(e) .H , to a victim of sexual assault; and
84 (ii) is trained to comply with the requirements of this section.

85 (2) A H. [ physician ] practitioner .H shall comply with Subsection (3) with regard to a
85a person who is a
86 victim of sexual assault, if the person presents to receive medical care, or receives medical
87 care, from the H. [ physician ] practitioner .H at a location that is not a designated facility.

88 (3) A H. [ physician ] practitioner .H described in Subsection (2) shall:
89 (a) provide the victim with written and oral medical information regarding emergency
90 contraception that is unbiased, accurate, and generally accepted by the medical community as
91 being scientifically valid; and
92 (b) (i) (A) orally inform the victim of sexual assault that the victim may obtain
93 emergency contraception at the facility where the H. [ physician ] practitioner .H is located; and
94 (B) provide emergency contraception to the victim of sexual assault, if she requests
95 emergency contraception; or
96 (ii) inform the victim of sexual assault of the nearest location where she may obtain
97 emergency contraception.
98 Section 4. Section 26-21b-301 is enacted to read:
99 Part 3. Investigation and Enforcement
100 26-21b-301. Investigation and enforcement.
101 (1) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
102 Administrative Rulemaking Act, to enforce the provisions of this chapter.
103 (2) The department shall, in an expeditious manner, investigate any complaint received
104 by the department regarding the failure of a health care facility to comply with a requirement of
105 this chapter.
106 (3) If the department finds a violation of this chapter, or any rules adopted pursuant to
107 this chapter, the department may take one or more of the actions described in Section 26-21-11 .