Senate Bill sb2246

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    Florida Senate - 2002                                  SB 2246

    By Senator Wasserman Schultz





    32-1211-02

  1                      A bill to be entitled

  2         An act relating to hospitals and health care

  3         facilities; creating s. 395.1022, F.S.;

  4         providing legislative intent; defining terms;

  5         prescribing requirements for emergency

  6         treatment for survivors of rape; providing for

  7         counseling and for oral and written information

  8         concerning pregnancy-prevention prophylaxis;

  9         providing for immediate access to medically

10         appropriate pregnancy-prevention prophylaxis,

11         if requested; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 395.1022, Florida Statutes, is

16  created to read:

17         395.1022  Emergency treatment for survivors of rape.--

18         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

19  finds that the victimization of women through rape is

20  compounded by the possibility that the rape survivor may

21  suffer an unwanted pregnancy by the rapist. The Legislature

22  further finds that access to pregnancy-prevention prophylaxis

23  and timely counseling are simple, basic measures that can

24  prevent this additional victimization. The federal Food and

25  Drug Administration has approved the use of

26  pregnancy-prevention prophylaxis as safe and effective in the

27  prevention of pregnancy. Further, medical research strongly

28  indicates that the sooner pregnancy-prevention prophylaxis is

29  administered, the better the chance of preventing unintended

30  pregnancy. Therefore, the Legislature finds it essential that

31  hospitals or other health care facilities that provide

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    Florida Senate - 2002                                  SB 2246
    32-1211-02




  1  emergency medical treatment but do not provide

  2  pregnancy-prevention prophylaxis as a treatment option to any

  3  woman who seeks treatment as a result of an alleged rape

  4  should provide timely counseling and have in place

  5  arrangements to guarantee the immediate availability of this

  6  treatment option.

  7         (2)  DEFINITIONS.--As used in this section, the term:

  8         (a)  "Emergency care to a rape survivor" means medical

  9  examinations, procedures, and services provided to a rape

10  survivor by a hospital or other health care facility licensed

11  in this state.

12         (b)  "Incest" means a sexual offense described in s.

13  826.04.

14         (c)  "Pregnancy-prevention prophylaxis" means any drug

15  or device approved by the federal Food and Drug Administration

16  which prevents pregnancy after sexual intercourse.

17         (d)  "Rape" means a sexual offense described in s.

18  794.011.

19         (e)  "Rape survivor" means a female who alleges or is

20  alleged to have been raped or is the victim of alleged incest

21  and because of the alleged offense seeks treatment as a

22  patient.

23         (3)  DUTIES OF FACILITIES PROVIDING EMERGENCY CARE.--If

24  a hospital or other health care facility licensed in this

25  state provides emergency care to a rape survivor, the hospital

26  or other health care facility shall:

27         (a)  Provide each rape survivor with counseling and

28  medically and factually accurate, clear and concise, and

29  unbiased written and oral information about

30  pregnancy-prevention prophylaxis.

31  

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    Florida Senate - 2002                                  SB 2246
    32-1211-02




  1         (b)  Inform each rape survivor of her option to receive

  2  pregnancy-prevention prophylaxis.

  3         (c)  If pregnancy-prevention prophylaxis is requested,

  4  immediately provide the rape survivor with medically

  5  appropriate pregnancy-prevention prophylaxis, or immediately

  6  make arrangements for such emergency treatment, as provided in

  7  paragraph (d).

  8         (d)  If pregnancy-prevention prophylaxis is requested

  9  and the hospital or other health care facility elects not to

10  directly provide such emergency treatment, immediately make

11  arrangements with another provider to provide the rape

12  survivor with medically appropriate pregnancy-prevention

13  prophylaxis. Such arrangements must ensure that the patient's

14  confidentiality is respected and that the patient is not

15  subjected to unnecessary examination or assessment resulting

16  in undue delay in obtaining pregnancy-prevention prophylaxis.

17  Such arrangements must also consider, and the facility must

18  document in the patient's medical record, the patient's

19  ability to secure the emergency treatment, including whether

20  the patient is physically and mentally able to pursue such

21  option, is suitably attired to present at an alternate site,

22  and has the necessary transportation and resources. Such

23  arrangements may include, but are not limited to:

24         1.  Providing the patient with a prescription for

25  pregnancy-prevention prophylaxis when it can be confirmed that

26  there is a pharmacy open and able to meet this need on a

27  timely basis.

28         2.  Providing the patient with an order for

29  pregnancy-prevention prophylaxis which can be honored on an

30  ambulatory basis at a facility available to the patient.

31  

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    Florida Senate - 2002                                  SB 2246
    32-1211-02




  1         3.  Referring the patient to a physician or facility

  2  where arrangements have been made for the patient to receive

  3  pregnancy-prevention prophylaxis.

  4  

  5  If any of the requirements of this paragraph cannot be met,

  6  the hospital or health care facility must provide the

  7  emergency treatment directly.

  8         (e)  Document in the patient's record the emergency

  9  care provided, including the direct provision of

10  pregnancy-prevention prophylaxis or any arrangements made for

11  the patient to obtain pregnancy-prevention prophylaxis from

12  another provider.

13         Section 2.  This act shall take effect October 1, 2002.

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16                          SENATE SUMMARY

17    Provides requirements for hospitals' and health care
      facilities' emergency treatment for survivors of rape.
18    Provides legislative intent. Provides for counseling and
      for oral and written information concerning
19    pregnancy-prevention prophylaxis. Provides for immediate
      access to medically appropriate pregnancy-prevention
20    prophylaxis, if requested.

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