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H.B. 340 Enrolled
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:
19 Other Special Clauses:
21 Utah Code Sections Affected:
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
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).
33 (a) a freestanding urgent care center[
34 (b) a general acute hospital[
35 (c) a critical access hospital [
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 .
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.
45 (a) a physician; or
46 (b) any other person who is permitted by law to prescribe emergency contraception.
48 Part 4, Sexual Offenses, that may result in a pregnancy.
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) [
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).
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.
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.
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