H.B. 340 Enrolled

1

SEXUAL ASSAULT VICTIM PROTOCOLS
2 2010 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 amends Sexual Assault Victim Protocols within the Utah Health Code.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . exempts a freestanding urgent care center from providing emergency contraception
14 if there is a hospital within 30 miles; and
15 . requires an exempt freestanding urgent care center to provide certain information to
16 a victim.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 26-21b-102, as enacted by Laws of Utah 2009, Chapter 266
24 26-21b-201, as enacted by Laws of Utah 2009, Chapter 266
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 26-21b-102 is amended to read:
28 26-21b-102. Definitions.
29 As used in this chapter:

30 (1) "Critical access hospital" means a critical access hospital that meets the criteria of
31 42 U.S.C. Sec. 1395i-4(c)(2)(1998).
32 [(1)] (2) "Designated facility" means:
33 (a) a freestanding urgent care center[, as defined in Section 59-12-801 ];
34 (b) a general acute hospital[, as defined in Section 26-21-2 ]; or
35 (c) a critical access hospital [that meets the criteria of 42 U.S.C. 1395i-4(c)(2) (1998)].
36 [(2)] (3) "Emergency contraception" means the use of a substance, approved by the
37 United States Food and Drug Administration, to prevent pregnancy after sexual intercourse.
38 (4) "Freestanding urgent care center" is as defined in Section 59-12-801 .
39 (5) "General acute hospital" is as defined in Section 26-21-2 .
40 [(3)] (6) "Physician" means a person:
41 (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
42 (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
43 Practice Act.
44 [(4)] (7) "Practitioner" means:
45 (a) a physician; or
46 (b) any other person who is permitted by law to prescribe emergency contraception.
47 [(5)] (8) "Sexual assault" means any criminal conduct described in Title 76, Chapter 5,
48 Part 4, Sexual Offenses, that may result in a pregnancy.
49 [(6)] (9) "Victim of sexual assault" means any person who presents to receive, or
50 receives, medical care in consequence of being subjected to sexual assault.
51 Section 2. Section 26-21b-201 is amended to read:
52 26-21b-201. Emergency contraception services for a victim of sexual assault.
53 (1) [A] Except as provided in Subsection (2), a designated facility shall provide the
54 following services to a victim of sexual assault:
55 (a) provide the victim with written and oral medical information regarding emergency
56 contraception that is unbiased, accurate, and generally accepted by the medical community as
57 being scientifically valid;

58 (b) orally inform the victim of sexual assault that the victim may obtain emergency
59 contraception at the designated facility;
60 (c) offer a complete regimen of emergency contraception to a victim of sexual assault;
61 (d) provide, at the designated facility, emergency contraception to the victim of sexual
62 assault upon her request;
63 (e) maintain a protocol, prepared by a physician, for the administration of emergency
64 contraception at the designated facility to a victim of sexual assault; and
65 (f) develop and implement a written policy to ensure that a person is present at the
66 designated facility, or on-call, who:
67 (i) has authority to dispense or prescribe emergency contraception, independently, or
68 under the protocol described in Subsection (1)(e), to a victim of sexual assault; and
69 (ii) is trained to comply with the requirements of this section.
70 (2) A freestanding urgent care center is exempt from the requirements of Subsection
71 (1) if:
72 (a) there is a general acute hospital or a critical access hospital within 30 miles of the
73 freestanding urgent care center; and
74 (b) an employee of the freestanding urgent care center provides the victim with:
75 (i) written and oral medical information regarding emergency contraception that is
76 unbiased, accurate, and generally accepted by the medical community as being scientifically
77 valid; and
78 (ii) the name and address of the general acute hospital or critical access hospital
79 described in Subsection (2)(a).
80 [(2)] (3) A practitioner shall comply with Subsection [(3)] (4) with regard to a person
81 who is a victim of sexual assault, if the person presents to receive medical care, or receives
82 medical care, from the practitioner at a location that is not a designated facility.
83 [(3)] (4) A practitioner described in Subsection [(2)] (3) shall:
84 (a) provide the victim with written and oral medical information regarding emergency
85 contraception that is unbiased, accurate, and generally accepted by the medical community as

86 being scientifically valid; and
87 (b) (i) (A) orally inform the victim of sexual assault that the victim may obtain
88 emergency contraception at the facility where the practitioner is located; and
89 (B) provide emergency contraception to the victim of sexual assault, if she requests
90 emergency contraception; or
91 (ii) inform the victim of sexual assault of the nearest location where she may obtain
92 emergency contraception.