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SF 989

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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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 [145.471] SHORT TITLE.
new text end

new text begin Sections 145.471 to 145.4713 may be cited as the "Emergency
Care for Sexual Assault Victims Act."
new text end

Sec. 2.

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
145.471 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 hormonal drug approved by the federal
Food and Drug Administration that prevents pregnancy within the
interval between sexual intercourse and implantation.
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 who alleges that she was, or is alleged to have
been, sexually assaulted and who presents at a hospital as a
patient.
new text end

Sec. 3.

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

new text begin It shall be the standard of care for all hospitals that
provide emergency care to sexual assault victims to:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

Sec. 4.

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