HF 322

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; requiring hospital emergency rooms 
  1.3             to provide emergency contraception and information to 
  1.4             sexual assault victims; providing penalties; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 145. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [145.471] [SHORT TITLE.] 
  1.8      Sections 145.471 to 145.4715 may be cited as the "Emergency 
  1.9   Care for Sexual Assault Victims Act of 2003." 
  1.10     Sec. 2.  [145.4711] [DEFINITIONS.] 
  1.11     Subdivision 1.  [APPLICATION.] For purposes of sections 
  1.12  145.471 to 145.4715, the following definitions apply. 
  1.13     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  1.14  commissioner of health. 
  1.15     Subd. 3.  [EMERGENCY CARE TO SEXUAL ASSAULT 
  1.16  VICTIMS.] "Emergency care to sexual assault victims" means 
  1.17  medical examinations, procedures, and services provided at a 
  1.18  hospital to a sexual assault victim within 72 hours following an 
  1.19  alleged sexual assault. 
  1.20     Subd. 4.  [EMERGENCY CONTRACEPTION.] "Emergency 
  1.21  contraception" means any drug or device approved by the federal 
  1.22  Food and Drug Administration that prevents pregnancy after 
  1.23  sexual intercourse. 
  1.24     Subd. 5.  [SEXUAL ASSAULT.] "Sexual assault" means criminal 
  1.25  sexual conduct in the first degree under section 609.342, 
  2.1   criminal sexual conduct in the second degree under section 
  2.2   609.343, criminal sexual conduct in the third degree under 
  2.3   section 609.344, criminal sexual conduct in the fourth degree 
  2.4   under section 609.345, or incest under section 609.365. 
  2.5      Subd. 6.  [SEXUAL ASSAULT VICTIM.] "Sexual assault victim" 
  2.6   means a woman who alleges or is alleged to have been sexually 
  2.7   assaulted and who presents at a hospital as a patient. 
  2.8      Sec. 3.  [145.4712] [EMERGENCY CARE TO SEXUAL ASSAULT 
  2.9   VICTIMS.] 
  2.10     It shall be the standard of care for all hospitals that 
  2.11  provide emergency care to sexual assault victims to: 
  2.12     (1) provide each sexual assault victim with medically and 
  2.13  factually accurate and unbiased written and oral information 
  2.14  about emergency contraception; 
  2.15     (2) orally inform each sexual assault victim of her option 
  2.16  to be provided with emergency contraception at the hospital; and 
  2.17     (3) provide emergency contraception immediately at the 
  2.18  hospital to each sexual assault victim who requests it.  The 
  2.19  provision of emergency contraception must include the initial 
  2.20  dose that the sexual assault victim may take at the hospital and 
  2.21  the follow-up dose that the sexual assault victim may 
  2.22  self-administer 12 hours after taking the initial dose. 
  2.23     Sec. 4.  [145.4713] [PROVISION OF INFORMATION.] 
  2.24     A hospital must ensure that each person who provides 
  2.25  emergency care to sexual assault victims at the hospital is 
  2.26  provided with medically and factually accurate and unbiased 
  2.27  information about emergency contraception. 
  2.28     Sec. 5.  [145.4714] [ENFORCEMENT.] 
  2.29     Subdivision 1.  [COMPLAINTS.] The commissioner shall accept 
  2.30  and investigate complaints regarding hospital compliance with 
  2.31  sections 145.4712 and 145.4713.  The commissioner shall 
  2.32  periodically determine whether hospitals are in compliance with 
  2.33  sections 145.4712 and 145.4713. 
  2.34     Subd. 2.  [PENALTIES.] If the commissioner determines that 
  2.35  a hospital is not in compliance with section 145.4712 or 
  2.36  145.4713, the commissioner shall: 
  3.1      (1) impose on the hospital a fine of $5,000 per woman who 
  3.2   is denied medically and factually accurate and unbiased 
  3.3   information about emergency contraception or who is not offered 
  3.4   or provided with emergency contraception upon request; 
  3.5      (2) impose on the hospital a fine of $5,000 for an initial 
  3.6   failure to comply with section 145.4713.  For every 30 days that 
  3.7   a hospital does not comply with section 145.4713, the 
  3.8   commissioner shall impose an additional fine of $5,000; and 
  3.9      (3) after two or more violations of section 145.4712 or 
  3.10  145.4713, suspend, revoke, or refuse to renew the hospital's 
  3.11  license. 
  3.12     Subd. 3.  [HEARING.] A hospital wishing to contest a fine 
  3.13  assessed under this section must make a written request for a 
  3.14  hearing within 15 days after receiving notice of the fine.  A 
  3.15  hearing under this subdivision shall be conducted as a contested 
  3.16  case in accordance with chapter 14. 
  3.17     Sec. 6.  [145.4715] [SEVERABILITY.] 
  3.18     If any provision, section, subdivision, sentence, clause, 
  3.19  phrase, or word of sections 145.471 to 145.4714, or the 
  3.20  application thereof to any person, entity, or circumstance is 
  3.21  held invalid, the same is declared to be severable, and such 
  3.22  invalidity shall not affect the remaining provisions, sections, 
  3.23  subdivisions, sentences, clauses, phrases, or words of sections 
  3.24  145.471 to 145.4714 that can be given effect without the invalid 
  3.25  provision, section, subdivision, sentence, clause, phrase, or 
  3.26  word.