Texas Health and Safety Code 323.004 – Minimum Standards for Emergency Services
(a) Except as otherwise provided by Subsection (a-2), after a sexual assault survivor arrives at a health care facility following a sexual assault, the facility shall provide care to the survivor in accordance with Subsection (b).
(a-1) A facility that is not a SAFE-ready facility shall inform the sexual assault survivor that:
(1) the facility is not a SAFE-ready facility and provide to the survivor the name and location of nearby SAFE-ready facilities and the information form required by § 323.0051; and
(2) the survivor is entitled, at the survivor’s option:
(A) to receive the care described by Subsection (b) at that facility, subject to Subsection (b-1); or
(B) to be stabilized and to be referred or transferred to and receive the care described by Subsection (b) at a SAFE-ready facility.
Terms Used In Texas Health and Safety Code 323.004
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(a-2) If a sexual assault survivor chooses to be transferred under Subsection (a-1)(2)(B), after obtaining the survivor’s written, signed consent to the transfer, the facility shall stabilize and transfer the survivor to a SAFE-ready facility, which shall provide care to the survivor in accordance with Subsection (b).
(a-3) Before transferring a sexual assault survivor, a health care facility that is not a SAFE-ready facility shall contact the SAFE-ready facility to which the survivor will be transferred to confirm a sexual assault forensic examiner is available at that facility.
(b) A health care facility providing care to a sexual assault survivor shall provide the survivor with:
(1) subject to Subsection (b-1), a forensic medical examination in accordance with Subchapter B, Chapter 420, Government Code, and Subchapter G, Chapter 56A, Code of Criminal Procedure;
(2) a private area, if available, to wait or speak with the appropriate medical, legal, or sexual assault crisis center staff or volunteer until a physician, nurse, or physician assistant is able to treat the survivor;
(3) access to a sexual assault program advocate, if available, as provided by Subchapter H, Chapter 56A, Code of Criminal Procedure;
(4) the information form required by § 323.005;
(5) a private treatment room, if available;
(6) if indicated by the history of contact, access to appropriate prophylaxis for exposure to sexually transmitted infections;
(7) the name and telephone number of the nearest sexual assault crisis center; and
(8) if the health care facility has shower facilities, access to a shower at no cost to the survivor after the examination described by Subdivision (1).
(b-1) A person may not perform a forensic examination on a sexual assault survivor unless the person has the basic training described by § 323.0045 or the equivalent education and training.
(c) A health care facility must obtain documented consent before providing the forensic medical examination and treatment. The facility shall presume that an adult sexual assault survivor requesting a forensic medical examination and treatment is competent.
(d) This section does not affect the duty of a health care facility to comply with the requirements of the federal Emergency Medical Treatment and Active Labor Act of 1986 (42 U.S.C. § 1395dd) that are applicable to the facility.