To enact sections 3727.60, 3727.601, and 3727.602 of the Revised Code to establish the Compassionate Assistance for Rape Emergencies Act regarding emergency services provided to victims of sexual assault.

Section 1. That sections 3727.60, 3727.601, and 3727.602 of the Revised Code be enacted to read as follows:

Sec. 3727.60.  As used in this section and sections 3727.601 and 3727.602 of the Revised Code:

(A) "Drug" has the same meaning as in the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C. 321(g)(1), as amended.

(B) "Device" has the same meaning as in the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C. 321(h), as amended.

(C) "Emergency contraception" means any drug or device intended to prevent pregnancy after unprotected sexual intercourse or contraceptive failure.

(D) "Sexual assault" means a violation of sections 2907.02 to 2907.06 of the Revised Code.

Sec. 3727.601.  (A) It shall be the standard of care in this state for hospitals that offer organized emergency services to provide the services specified in division (B) of this section to victims of sexual assault or individuals believed to be victims of sexual assault. The services shall be provided without regard to the victim's ability to pay for the services.

(B)(1) The hospital shall provide the victim or individual believed to be a victim with information about emergency contraception. The information shall be medically and factually accurate and unbiased. It shall be provided in clear and concise language in both written and oral formats. The information shall explain the following:

(a) That emergency contraception has been approved by the United States food and drug administration for use by women of all ages with a prescription and as an over-the-counter medication for women eighteen years of age or older as a safe and effective means to prevent pregnancy after unprotected sexual intercourse or contraceptive failure if taken in a timely manner;

(b) That emergency contraception is more effective the sooner it is taken following unprotected sexual intercourse or contraceptive failure;

(c) That emergency contraception does not cause an abortion and studies have shown that it does not interrupt an established pregnancy.

(2) The hospital shall promptly offer emergency contraception to the victim or individual believed to be a victim and provide the emergency contraception if the victim or individual accepts the offer.

(3) The hospital shall promptly provide the victim or individual believed to be a victim with an assessment of the victim's or individual's risk of contracting sexually transmitted diseases, including gonorrhea, chlamydia, syphillis, and hepatitis. The assessment shall be conducted by a physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or a certified nurse-midwife. The assessment shall be based on the following:

(a) The available information regarding the sexual assault.

(b) The established standards of risk assessment, including consideration of any recommendations established by the United States centers for disease control and prevention, peer-reviewed clinical studies, and appropriate research using invitro and nonhuman primate models of infection.

(4) After conducting the assessment, the hospital shall provide the victim or individual believed to be a victim with counseling concerning the significantly prevalent sexually transmitted diseases for which effective post-exposure treatment exists and for which deferral of treatment would either significantly reduce treatment efficacy or pose substantial risk to the victim's health, including the diseases for which prophylactic treatment is recommended based on guidelines from the centers for disease control and prevention. The counseling shall be provided by a physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. The counseling shall be provided in clear and concise language.

(5) After providing the counseling, the hospital shall offer treatment for sexually transmitted diseases to the victim or individual believed to be a victim. The hospital shall provide the treatment if the victim or individual accepts the offer.

(6) Before the victim or individual believed to be a victim leaves the hospital, the hospital shall provide the victim or individual with counseling on the physical and mental health benefits of seeking follow-up care from the victim's or individual's primary care physician or from another medical care provider capable of providing follow-up care to victims of sexual assault. The counseling shall include information on local organizations and relevant health providers capable of providing either follow-up medical care or other health services to victims of sexual assault. The counseling shall be provided by a physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. The counseling shall be provided in clear and concise language.

(C) In the case of minors, the services specified in this section shall be provided at the discretion of the treating physician and in accordance with the guidelines of the centers for disease control and prevention.

Notwithstanding any other provision of law, a minor may consent to the services specified in this section. The consent is not subject to disaffirmance because of minority, and consent of the parent, parents, or guardian of the minor is not required for the services to be provided. The parent, parents, or guardian of a minor giving consent under this section are not liable for payment for any services provided under this section without their consent.

(D) Nothing in this section shall be construed to mean the following:

(1) That a hospital is required to provide treatment to a victim of sexual assault if the treatment goes against recommendations established by the United States centers for disease control and prevention;

(2) That a victim is required to submit to any testing or treatment;

(3) That a hospital is prohibited from seeking reimbursement for the costs of services provided under this section from the victim's health insurance or medicaid, if applicable, and to the extent permitted by section 2907.28 of the Revised Code.

Sec. 3727.602.  In addition to other remedies under common law, an individual may file a complaint with the department of health if the individual believes a hospital has failed to comply with the requirements of section 3727.601 of the Revised Code. The department shall investigate the complaint in a timely manner.

If the department determines that a hospital has failed to provide the care or services required in section 3727.601 of the Revised Code to a sexual assault victim, the department shall, pursuant to an adjudication under Chapter 119. of the Revised Code, impose a civil penalty of not less than ten thousand dollars for each violation.

If the hospital has previously violated section 3727.601 of the Revised Code, the department may ask the attorney general to bring an action for injunctive relief in any court of competent jurisdiction. On the filing of an appropriate petition in the court, the court shall conduct a hearing on the petition. If it is demonstrated in the proceedings that the hospital has failed to provide the care or services, the court shall grant a temporary or permanent injunction enjoining the hospital's operation.

Section 2. This act shall be known as the "Compassionate Assistance for Rape Emergencies Act."