SF 270

1st Engrossment - 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; proposing coding for new law 
  1.5             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 145.4713 may be cited as the "Emergency 
  1.9   Care for Sexual Assault Victims Act." 
  1.10     Sec. 2.  [145.4711] [DEFINITIONS.] 
  1.11     Subdivision 1.  [APPLICATION.] For purposes of sections 
  1.12  145.471 to 145.4713, 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 following an alleged sexual 
  1.19  assault. 
  1.20     Subd. 4.  [EMERGENCY CONTRACEPTION.] "Emergency 
  1.21  contraception" means a hormonal drug approved by the federal 
  1.22  Food and Drug Administration that prevents pregnancy within the 
  1.23  interval between sexual intercourse and implantation. 
  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 and prophylactic antibiotics for 
  2.15  treatment of sexually transmitted diseases; 
  2.16     (2) orally inform each sexual assault victim of her option 
  2.17  to be provided with emergency contraception and prophylactic 
  2.18  antibiotics for treatment of sexually transmitted diseases at 
  2.19  the hospital; and 
  2.20     (3) provide emergency contraception and prophylactic 
  2.21  antibiotics for treatment of sexually transmitted diseases 
  2.22  immediately at the hospital to each sexual assault victim who 
  2.23  requests it.  Emergency contraception shall be administered in 
  2.24  accordance with current medical protocols regarding timing and 
  2.25  dosage necessary to complete the treatment.  
  2.26     Sec. 4.  [145.4713] [COMPLAINTS.] 
  2.27     The commissioner shall accept and investigate complaints 
  2.28  regarding hospital compliance with section 145.4712.  The 
  2.29  commissioner shall periodically determine whether hospitals are 
  2.30  in compliance with section 145.4712.  Failure to comply with 
  2.31  section 145.4712 may be grounds for the suspension or revocation 
  2.32  of a hospital's license under section 144.55, subdivision 6.