26-21b-201 - Emergency contraception services for a victim of sexual assault.
26-21b-201. Emergency contraception services for a victim of sexual assault.
(1) Except as provided in Subsection (2), a designated facility shall provide the followingservices to a victim of sexual assault:
(a) provide the victim with written and oral medical information regarding emergencycontraception that is unbiased, accurate, and generally accepted by the medical community asbeing scientifically valid;
(b) orally inform the victim of sexual assault that the victim may obtain emergencycontraception at the designated facility;
(c) offer a complete regimen of emergency contraception to a victim of sexual assault;
(d) provide, at the designated facility, emergency contraception to the victim of sexualassault upon her request;
(e) maintain a protocol, prepared by a physician, for the administration of emergencycontraception at the designated facility to a victim of sexual assault; and
(f) develop and implement a written policy to ensure that a person is present at thedesignated facility, or on-call, who:
(i) has authority to dispense or prescribe emergency contraception, independently, orunder the protocol described in Subsection (1)(e), to a victim of sexual assault; and
(ii) is trained to comply with the requirements of this section.
(2) A freestanding urgent care center is exempt from the requirements of Subsection (1)if:
(a) there is a general acute hospital or a critical access hospital within 30 miles of thefreestanding urgent care center; and
(b) an employee of the freestanding urgent care center provides the victim with:
(i) written and oral medical information regarding emergency contraception that isunbiased, accurate, and generally accepted by the medical community as being scientificallyvalid; and
(ii) the name and address of the general acute hospital or critical access hospitaldescribed in Subsection (2)(a).
(3) A practitioner shall comply with Subsection (4) with regard to a person who is avictim of sexual assault, if the person presents to receive medical care, or receives medical care,from the practitioner at a location that is not a designated facility.
(4) A practitioner described in Subsection (3) shall:
(a) provide the victim with written and oral medical information regarding emergencycontraception that is unbiased, accurate, and generally accepted by the medical community asbeing scientifically valid; and
(b) (i) (A) orally inform the victim of sexual assault that the victim may obtainemergency contraception at the facility where the practitioner is located; and
(B) provide emergency contraception to the victim of sexual assault, if she requestsemergency contraception; or
(ii) inform the victim of sexual assault of the nearest location where she may obtainemergency contraception.
Amended by Chapter 140, 2010 General Session