Texas Health and Safety Code 323.053 – Minimum Standards for Safe Programs
Terms Used In Texas Health and Safety Code 323.053
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oversight: Committee review of the activities of a Federal agency or program.
A SAFE program must:
(1) operate under the active oversight of a medical director who is a physician licensed by and in good standing with the Texas Medical Board;
(2) provide medical treatment under a physician’s order, standing medical order, standing delegation order, or other order or protocol as defined by Texas Medical Board rules;
(3) employ or contract with a sexual assault examiner or a sexual assault nurse examiner;
(4) provide access to a sexual assault program advocate, as required by Subchapter H, Chapter 56A, Code of Criminal Procedure;
(5) ensure a sexual assault survivor has access to a private treatment room;
(6) if indicated by a survivor’s history or on a survivor’s request, provide:
(A) HIV testing and prophylactic medication to the survivor or a referral for the testing and medication; and
(B) counseling and prophylactic medications for exposure to sexually transmitted infections and pregnancy;
(7) provide to survivors the name and telephone number of a nearby sexual assault program that provides to survivors the minimum services described by Subchapter A, Chapter 420, Government Code;
(8) provide to survivors the information form required by § 323.005, 323.0051, or 323.0052, as applicable, and orally communicate the information regarding crime victims compensation under § 323.005(a)(4);
(9) collaborate with any sexual assault program, as defined by § 420.003, Government Code, that provides services to survivors in the county;
(10) engage in efforts to improve the quality of the program;
(11) maintain capacity for appropriate triage or have agreements with other health facilities to assure that a survivor receives the appropriate level of care indicated for the survivor’s medical and mental health needs;
(12) prioritize the safety and well-being of survivors;
(13) provide a trauma-informed approach in the forensic medical care provided to survivors; and
(14) collaborate with:
(A) law enforcement agencies and attorneys representing the state with jurisdiction in the county;
(B) any available local sexual assault response team; and
(C) other interested persons in the community.