SF 1266

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; requiring hospital emergency rooms to provide emergency
contraception, prophylactic antibiotics, and information to sexual assault victims;
proposing coding for new law in Minnesota Statutes, chapter 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145.4711] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of sections 145.4711 to 145.4713, the
following definitions apply.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 3. new text end

new text begin Emergency care to sexual assault victims. new text end

new text begin "Emergency care to sexual
assault victims" means medical examinations, procedures, and services provided at a
hospital to a sexual assault victim following an alleged sexual assault.
new text end

new text begin Subd. 4. new text end

new text begin Emergency contraception. new text end

new text begin "Emergency contraception" means a drug,
drug regimen, or device approved by the federal Food and Drug Administration to
prevent pregnancy when administered after sexual contact, including prescription and
over-the-counter hormonal emergency contraception and intrauterine devices.
new text end

new text begin Subd. 5. new text end

new text begin Sexual assault. new text end

new text begin "Sexual assault" means criminal sexual conduct in the first
degree under section 609.342, criminal sexual conduct in the second degree under section
609.343, criminal sexual conduct in the third degree under section 609.344, criminal
sexual conduct in the fourth degree under section 609.345, or incest under section 609.365.
new text end

new text begin Subd. 6. new text end

new text begin Sexual assault victim. new text end

new text begin "Sexual assault victim" means a woman or man
who alleges, or is alleged to have been, sexually assaulted and who presents at a hospital
as a patient.
new text end

Sec. 2.

new text begin [145.4712] EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS.
new text end

new text begin Subdivision 1. new text end

new text begin Emergency care to female sexual assault victims. new text end

new text begin (a) It shall be the
standard of care for all hospitals that provide emergency care to, at a minimum:
new text end

new text begin (1) provide each female sexual assault victim with medically and factually accurate
and unbiased written and oral information about emergency contraception from the
American College of Obstetricians and Gynecologists and distributed to all hospitals by
the Department of Health;
new text end

new text begin (2) orally inform each female sexual assault victim of the option of being provided
with emergency contraception at the hospital; and
new text end

new text begin (3) immediately provide emergency contraception to each sexual assault victim
who requests it provided it is not medically contraindicated and is ordered by a legal
prescriber. Emergency contraception shall be administered in accordance with current
medical protocols regarding timing and dosage necessary to complete the treatment.
new text end

new text begin (b) A hospital may administer a pregnancy test. If the pregnancy test is positive, the
hospital does not have to comply with the provisions in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Emergency care to male and female sexual assault victims. new text end

new text begin It shall be
the standard of care for all hospitals that provide emergency care to, at a minimum:
new text end

new text begin (1) provide each sexual assault victim with factually accurate and unbiased written
and oral medical information about prophylactic antibiotics for treatment of sexually
transmitted diseases;
new text end

new text begin (2) orally inform each sexual assault victim of the option of being provided
prophylactic antibiotics for treatment of sexually transmitted diseases at the hospital; and
new text end

new text begin (3) immediately provide prophylactic antibiotics for treatment of sexually
transmitted diseases to each sexual assault victim who requests it, provided it is not
medically contraindicated and is ordered by a legal prescriber.
new text end

Sec. 3.

new text begin [145.4713] COMPLAINTS.
new text end

new text begin The commissioner shall accept and investigate complaints regarding hospital
compliance with section 145.4712. The commissioner shall periodically determine
whether hospitals are in compliance with section 145.4712. Failure to comply with
section 145.4712 may be grounds for the suspension or revocation of a hospital's license
under section 144.55, subdivision 6.
new text end