as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/14/2005 |
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:
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Sections 145.471 to 145.4713 may be cited as the "Emergency
Care for Sexual Assault Victims Act."
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For purposes of sections
145.471 to 145.4713, the following definitions apply.
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"Commissioner" means the
commissioner of health.
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"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.
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"Emergency
contraception" means a hormonal drug approved by the federal
Food and Drug Administration that prevents pregnancy within the
interval between sexual intercourse and implantation.
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"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.
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"Sexual assault victim"
means a woman who alleges that she was, or is alleged to have
been, sexually assaulted and who presents at a hospital as a
patient.
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It shall be the standard of care for all hospitals that
provide emergency care to sexual assault victims to:
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(1) provide each sexual assault victim with medically and
factually accurate and unbiased written and oral information
about emergency contraception and prophylactic antibiotics for
treatment of sexually transmitted diseases;
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(2) orally inform each sexual assault victim of her option
to be provided with emergency contraception and prophylactic
antibiotics for treatment of sexually transmitted diseases at
the hospital; and
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(3) immediately provide emergency contraception and
prophylactic antibiotics for treatment of sexually transmitted
diseases at the hospital to each sexual assault victim who
requests it. Emergency contraception shall be administered in
accordance with current medical protocols regarding timing and
dosage necessary to complete the treatment.
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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.
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