Senate Bill sb2246c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                           CS for SB 2246

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Wasserman Schultz




    317-2234-02

  1                      A bill to be entitled

  2         An act relating to hospitals and health care

  3         facilities; creating s. 381.0047, F.S.;

  4         providing legislative intent; providing

  5         definitions; providing requirements for

  6         treatment for survivors of rape; providing for

  7         counseling and for oral and written information

  8         about pregnancy prevention prophylaxis;

  9         providing for immediate access to medically

10         appropriate pregnancy prevention prophylaxis,

11         if requested; providing applicability;

12         providing an effective date.

13

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

15

16         Section 1.  Section 381.0047, Florida Statutes, is

17  created to read:

18         381.0047  Treatment for survivors of rape.--

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

20  finds that the victimization of women through rape is

21  compounded by the possibility that the rape survivor may

22  suffer an unwanted pregnancy by the rapist. The Legislature

23  further finds that access to pregnancy prevention prophylaxis

24  and timely counseling are simple, basic measures that can

25  prevent this additional victimization. The federal Food and

26  Drug Administration has approved the use of pregnancy

27  prevention prophylaxis as safe and effective in the prevention

28  of pregnancy. Further, medical research strongly indicates

29  that the sooner pregnancy prevention prophylaxis is

30  administered, the better the chance of preventing unintended

31  pregnancy. Therefore, the Legislature deems it essential that

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2246
    317-2234-02




  1  rape survivors be informed of pregnancy prophylaxis and have

  2  access to pregnancy prophylaxis as a treatment option.

  3         (2)  DEFINITIONS.--As used in this section, the

  4  following words have the meanings indicated:

  5         (a)  "Care to a rape survivor" means medical

  6  examinations, procedures, and services provided to a rape

  7  survivor.

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

  9  826.04.

10         (c)  "Pregnancy prevention prophylaxis" means any drug

11  or device approved by the federal Food and Drug Administration

12  that prevents pregnancy after sexual intercourse.

13         (d)  "Rape" means sexual battery as described in ss.

14  794.011 and 827.071.

15         (e)  "Rape survivor" means a person who alleges or is

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

17  and because of the alleged offense seeks treatment as a

18  patient.

19         (3)  DUTIES OF LICENSED FACILITIES AND

20  PRACTITIONERS.--A health care facility licensed under chapter

21  395 and any health care practitioner licensed pursuant to

22  chapter 458, chapter 459, or chapter 464, that provides care

23  to a rape survivor, shall:

24         (a)  Provide each rape survivor with medically and

25  factually accurate, clear, concise information about pregnancy

26  prevention prophylaxis, including its indications and

27  contraindications and risks associated with its use.

28         (b)  Inform each rape survivor of such person's medical

29  option to receive pregnancy prevention prophylaxis.

30         (c)  If pregnancy prevention prophylaxis is requested:

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2246
    317-2234-02




  1         1.  Immediately prescribe or provide the rape survivor

  2  with pregnancy prevention prophylaxis, if it is determined by

  3  the practitioner to be medically appropriate; or

  4         2.  Inform the rape survivor of a health care facility

  5  or health care practitioner that will prescribe or provide

  6  immediate access to pregnancy prevention prophylaxis, if it is

  7  determined by the practitioner to be medically appropriate for

  8  the rape survivor. Such provision of information shall be

  9  documented in the patient's medical record.

10

11  However, if the rape survivor is transferred to or receives

12  care from a sexual assault program or specialized team that

13  provides rape counseling and treatment services, or if the

14  rape survivor is pregnant, the licensed facility or

15  practitioner described in this subsection shall be relieved of

16  the duties specified in paragraphs (a)-(c).

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

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2246
    317-2234-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2246

  3

  4  Instead of creating a new section in ch. 395, F.S., the
    Committee Substitute creates s. 381.0047, F.S. This new
  5  section contains the provisions of the original bill with four
    differences, as follows:
  6
    1. Practitioners licensed under ch. 458, ch. 459, and ch. 464,
  7  F.S., are required to provide pregnancy-prevention prophylaxis
    to a rape survivor.
  8
    2. The pregnancy-prevention prophylaxis will be provided if
  9  the facility or practitioner deems it to be medically
    appropriate.
10
    3. Each facility or practitioner who provides
11  pregnancy-prevention prophylaxis must inform the rape survivor
    of the indications, contraindications, and risks associated
12  with its use.

13  4. If the rape survivor is transferred to, or receives care
    from, a sexual assault program or specialized team that
14  provides rape counseling and treatment services, or if the
    rape survivor is pregnant, the facility or practitioner will
15  not be required to provide pregnancy-prevention prophylaxis.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.