|
|
| To enact sections 3727.60, 3727.601, and 3727.602 of | 1 |
| the Revised Code to establish the Compassionate | 2 |
| Assistance for Rape Emergencies Act regarding | 3 |
| emergency services provided to victims of sexual | 4 |
| assault. | 5 |
| Section 1. That sections 3727.60, 3727.601, and 3727.602 of | 6 |
| the Revised Code be enacted to read as follows: | 7 |
| Sec. 3727.60. As used in this section and sections 3727.601 | 8 |
| and 3727.602 of the Revised Code: | 9 |
| (A) "Drug" has the same meaning as in the "Federal Food, | 10 |
| Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C. | 11 |
| 321(g)(1), as amended. | 12 |
| (B) "Device" has the same meaning as in the "Federal Food, | 13 |
| Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C. | 14 |
| 321(h), as amended. | 15 |
| (C) "Emergency contraception" means any drug or device | 16 |
| intended to prevent pregnancy after unprotected sexual intercourse | 17 |
| or contraceptive failure. | 18 |
| (D) "Sexual assault" means a violation of sections 2907.02 to | 19 |
| 2907.06 of the Revised Code. | 20 |
| Sec. 3727.601. (A) It shall be the standard of care in this | 21 |
| state for hospitals that offer organized emergency services to | 22 |
| provide the services specified in division (B) of this section to | 23 |
| victims of sexual assault or individuals believed to be victims | 24 |
| of sexual assault. The services shall be provided without regard | 25 |
| to the victim's ability to pay for the services. | 26 |
| (B)(1) The hospital shall provide the victim or individual | 27 |
| believed to be a victim with information about emergency | 28 |
| contraception. The information shall be medically and factually | 29 |
| accurate and unbiased. It shall be provided in clear and concise | 30 |
| language in both written and oral formats. The information shall | 31 |
| explain the following: | 32 |
| (a) That emergency contraception has been approved by the | 33 |
| United States food and drug administration for use by women of all | 34 |
| ages with a prescription and as an over-the-counter medication for | 35 |
| women eighteen years of age or older as a safe and effective means | 36 |
| to prevent pregnancy after unprotected sexual intercourse or | 37 |
| contraceptive failure if taken in a timely manner; | 38 |
| (b) That emergency contraception is more effective the sooner | 39 |
| it is taken following unprotected sexual intercourse or | 40 |
| contraceptive failure; | 41 |
| (c) That emergency contraception does not cause an abortion | 42 |
| and studies have shown that it does not interrupt an established | 43 |
| pregnancy. | 44 |
| (2) The hospital shall promptly offer emergency | 45 |
| contraception to the victim or individual believed to be a victim | 46 |
| and provide the emergency contraception if the victim or | 47 |
| individual accepts the offer. | 48 |
| (3) The hospital shall promptly provide the victim or | 49 |
| individual believed to be a victim with an assessment of the | 50 |
| victim's or individual's risk of contracting sexually transmitted | 51 |
| diseases, including gonorrhea, chlamydia, syphillis, and hepatitis. | 52 |
| The assessment shall be conducted by a physician, physician | 53 |
| assistant, clinical nurse specialist, certified nurse | 54 |
| practitioner, or a certified nurse-midwife. The assessment shall | 55 |
| be based on the following: | 56 |
| (a) The available information regarding the sexual assault. | 57 |
| (b) The established standards of risk assessment, including | 58 |
| consideration of any recommendations established by the United | 59 |
| States centers for disease control and prevention, peer-reviewed | 60 |
| clinical studies, and appropriate research using invitro and | 61 |
| nonhuman primate models of infection. | 62 |
| (4) After conducting the assessment, the hospital shall | 63 |
| provide the victim or individual believed to be a victim with | 64 |
| counseling concerning the significantly prevalent sexually | 65 |
| transmitted diseases for which effective post-exposure treatment | 66 |
| exists and for which deferral of treatment would either | 67 |
| significantly reduce treatment efficacy or pose substantial risk | 68 |
| to the victim's health, including the diseases for which | 69 |
| prophylactic treatment is recommended based on guidelines from | 70 |
| the centers for disease control and prevention. The counseling | 71 |
| shall be provided by a physician, physician assistant, clinical | 72 |
| nurse specialist, certified nurse practitioner, or certified | 73 |
| nurse-midwife. The counseling shall be provided in clear and | 74 |
| concise language. | 75 |
| (5) After providing the counseling, the hospital shall offer | 76 |
| treatment for sexually transmitted diseases to the victim or | 77 |
| individual believed to be a victim. The hospital shall provide the | 78 |
| treatment if the victim or individual accepts the offer. | 79 |
| (6) Before the victim or individual believed to be a victim | 80 |
| leaves the hospital, the hospital shall provide the victim or | 81 |
| individual with counseling on the physical and mental health | 82 |
| benefits of seeking follow-up care from the victim's or | 83 |
| individual's primary care physician or from another medical care | 84 |
| provider capable of providing follow-up care to victims of sexual | 85 |
| assault. The counseling shall include information on local | 86 |
| organizations and relevant health providers capable of providing | 87 |
| either follow-up medical care or other health services to victims | 88 |
| of sexual assault. The counseling shall be provided by a | 89 |
| physician, physician assistant, clinical nurse specialist, | 90 |
| certified nurse practitioner, or certified nurse-midwife. The | 91 |
| counseling shall be provided in clear and concise language. | 92 |
| (C) In the case of minors, the services specified in this | 93 |
| section shall be provided at the discretion of the treating | 94 |
| physician and in accordance with the guidelines of the centers for | 95 |
| disease control and prevention. | 96 |
| Notwithstanding any other provision of law, a minor may | 97 |
| consent to the services specified in this section. The consent is | 98 |
| not subject to disaffirmance because of minority, and consent of | 99 |
| the parent, parents, or guardian of the minor is not required for | 100 |
| the services to be provided. The parent, parents, or guardian of | 101 |
| a minor giving consent under this section are not liable for | 102 |
| payment for any services provided under this section without their | 103 |
| consent. | 104 |
| (D) Nothing in this section shall be construed to mean the | 105 |
| following: | 106 |
| (1) That a hospital is required to provide treatment to a | 107 |
| victim of sexual assault if the treatment goes against | 108 |
| recommendations established by the United States centers for | 109 |
| disease control and prevention; | 110 |
| (2) That a victim is required to submit to any testing or | 111 |
| treatment; | 112 |
| (3) That a hospital is prohibited from seeking reimbursement | 113 |
| for the costs of services provided under this section from the | 114 |
| victim's health insurance or medicaid, if applicable, and to the | 115 |
| extent permitted by section 2907.28 of the Revised Code. | 116 |
| Sec. 3727.602. In addition to other remedies under common | 117 |
| law, an individual may file a complaint with the department of | 118 |
| health if the individual believes a hospital has failed to comply | 119 |
| with the requirements of section 3727.601 of the Revised Code. The | 120 |
| department shall investigate the complaint in a timely manner. | 121 |
| If the department determines that a hospital has failed to | 122 |
| provide the care or services required in section 3727.601 of the | 123 |
| Revised Code to a sexual assault victim, the department shall, | 124 |
| pursuant to an adjudication under Chapter 119. of the Revised | 125 |
| Code, impose a civil penalty of not less than ten thousand | 126 |
| dollars for each violation. | 127 |
| If the hospital has previously violated section 3727.601 of | 128 |
| the Revised Code, the department may ask the attorney general to | 129 |
| bring an action for injunctive relief in any court of competent | 130 |
| jurisdiction. On the filing of an appropriate petition in the | 131 |
| court, the court shall conduct a hearing on the petition. If it is | 132 |
| demonstrated in the proceedings that the hospital has failed to | 133 |
| provide the care or services, the court shall grant a temporary or | 134 |
| permanent injunction enjoining the hospital's operation. | 135 |
| Section 2. This act shall be known as the "Compassionate | 136 |
| Assistance for Rape Emergencies Act." | 137 |