H.B. 132 Enrolled

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 Cosponsors:
7 Trisha S. Beck
8 Laura Black
9 Rebecca Chavez-Houck
10 Susan Duckworth
11 Rebecca P. Edwards
12 Janice M. Fisher
13 Julie Fisher
14 Lorie D. Fowlke
15 Gage Froerer
16 Francis D. GibsonJames R. Gowans
Richard A. Greenwood
Neil A. Hansen
Lynn N. Hemingway
Neal B. Hendrickson
Don L. Ipson
Christine A. Johnson
Brian S. King
David Litvack
Ronda Rudd Menlove
Carol Spackman MossPatrick Painter
Marie H. Poulson
Phil Riesen
Stephen E. Sandstrom
F. Jay Seegmiller
Jennifer M. Seelig
Evan J. Vickers
Christine F. Watkins
Mark A. Wheatley
Ryan D. Wilcox
Larry B. Wiley 17
18 LONG TITLE
19 General Description:
20 This bill enacts Sexual Assault Victim Protocols within the Utah Health Code.
21 Highlighted Provisions:
22 This bill:
23 . defines terms;
24 . requires a designated facility to provide a victim of sexual assault with:
25 . information regarding emergency contraception; and
26 . emergency contraception, upon request by the victim;
27 . requires a designated facility to:
28 . maintain a protocol, prepared by a physician, for the administration of
29 emergency contraception at the designated facility to a victim of sexual assault;
30 and
31 . develop and implement a written policy to ensure that a person is present at the
32 facility, or on-call, who has authority and training to comply with the

33 requirements of this bill;
34 . requires a practitioner who is not at a designated facility to:
35 . provide a victim of sexual assault with information regarding emergency
36 contraception; and
37 . provide the victim of sexual assault with emergency contraception, upon her
38 request, or inform her of the nearest location where she may obtain
39 emergency contraception;
40 . grants rulemaking authority to the Department of Health; and
41 . provides for the enforcement of the provisions of this bill by the Department of
42 Health.
43 Monies Appropriated in this Bill:
44 None
45 Other Special Clauses:
46 None
47 Utah Code Sections Affected:
48 ENACTS:
49 26-21b-101, Utah Code Annotated 1953
50 26-21b-102, Utah Code Annotated 1953
51 26-21b-201, Utah Code Annotated 1953
52 26-21b-301, Utah Code Annotated 1953
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 26-21b-101 is enacted to read:
56 CHAPTER 21b. SEXUAL ASSAULT VICTIM PROTOCOLS
57 Part 1. General Provisions
58 26-21b-101. Title.
59 This chapter is known as "Sexual Assault Victim Protocols."
60 Section 2. Section 26-21b-102 is enacted to read:

61 26-21b-102. Definitions.
62 As used in this chapter:
63 (1) "Designated facility" means:
64 (a) a freestanding urgent care center, as defined in Section 59-12-801 ;
65 (b) a general acute hospital, as defined in Section 26-21-2 ; or
66 (c) a critical access hospital that meets the criteria of 42 U.S.C. 1395i-4(c)(2) (1998).
67 (2) "Emergency contraception" means the use of a substance, approved by the United
68 States Food and Drug Administration, to prevent pregnancy after sexual intercourse.
69 (3) "Physician" means a person:
70 (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
71 (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
72 Practice Act.
73 (4) "Practitioner" means:
74 (a) a physician; or
75 (b) any other person who is permitted by law to prescribe emergency contraception.
76 (5) "Sexual assault" means any criminal conduct described in Title 76, Chapter 5, Part
77 4, Sexual Offenses, that may result in a pregnancy.
78 (6) "Victim of sexual assault" means any person who presents to receive, or receives,
79 medical care in consequence of being subjected to sexual assault.
80 Section 3. Section 26-21b-201 is enacted to read:
81 Part 2. Emergency Contraception Services
82 26-21b-201. Emergency contraception services for a victim of sexual assault.
83 (1) A designated facility shall provide the following services to a victim of sexual
84 assault:
85 (a) provide the victim with written and oral medical information regarding emergency
86 contraception that is unbiased, accurate, and generally accepted by the medical community as
87 being scientifically valid;
88 (b) orally inform the victim of sexual assault that the victim may obtain emergency

89 contraception at the designated facility;
90 (c) offer a complete regimen of emergency contraception to a victim of sexual assault;
91 (d) provide, at the designated facility, emergency contraception to the victim of sexual
92 assault upon her request;
93 (e) maintain a protocol, prepared by a physician, for the administration of emergency
94 contraception at the designated facility to a victim of sexual assault; and
95 (f) develop and implement a written policy to ensure that a person is present at the
96 designated facility, or on-call, who:
97 (i) has authority to dispense or prescribe emergency contraception, independently, or
98 under the protocol described in Subsection (1)(e), to a victim of sexual assault; and
99 (ii) is trained to comply with the requirements of this section.
100 (2) A practitioner shall comply with Subsection (3) with regard to a person who is a
101 victim of sexual assault, if the person presents to receive medical care, or receives medical
102 care, from the practitioner at a location that is not a designated facility.
103 (3) A practitioner described in Subsection (2) shall:
104 (a) provide the victim with written and oral medical information regarding emergency
105 contraception that is unbiased, accurate, and generally accepted by the medical community as
106 being scientifically valid; and
107 (b) (i) (A) orally inform the victim of sexual assault that the victim may obtain
108 emergency contraception at the facility where the practitioner is located; and
109 (B) provide emergency contraception to the victim of sexual assault, if she requests
110 emergency contraception; or
111 (ii) inform the victim of sexual assault of the nearest location where she may obtain
112 emergency contraception.
113 Section 4. Section 26-21b-301 is enacted to read:
114 Part 3. Investigation and Enforcement
115 26-21b-301. Investigation and enforcement.
116 (1) The department may make rules, in accordance with Title 63G, Chapter 3, Utah

117 Administrative Rulemaking Act, to enforce the provisions of this chapter.
118 (2) The department shall, in an expeditious manner, investigate any complaint
119 received by the department regarding the failure of a health care facility to comply with a
120 requirement of this chapter.
121 (3) If the department finds a violation of this chapter, or any rules adopted pursuant to
122 this chapter, the department may take one or more of the actions described in Section
123 26-21-11 .