Sec. 6. Compassionate assistance and awareness for survivors of rape
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/bill/114/s/674/is/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term emergency contraception means a drug or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )), or drug regimen that— is used postcoitally; prevents pregnancy primarily by preventing or delaying ovulation, and does not terminate an established pregnancy; and is approved by the Food and Drug Administration. The term health care provider means an individual who is licensed or certified under State law to provide health care services and who is operating within the scope of such license.
Such term shall include a pharmacist. The term hospital means— a hospital as defined in section 1861(e) of the Social Security Act ( 42 U.S.C. 1395x(e) ); a critical access hospital as defined in section 1861(mm)(1) of such Act ( 42 U.S.C. 1395x(mm)(1) ); and a health clinic located on the campus of an institution of higher education. The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).
The term nonprofits (other than institutions of higher education) means a community-based organization, other than an institution of higher education, with experience in providing evidence-based effective programs, strategies, and policies to prevent sexual violence, intimate partner violence, and other forms of violence on the campus of institutions of higher education. The term Secretary means the Secretary of Health and Human Services. The term sexual assault means a sexual act (as defined in subparagraphs
(A)through
(C)of section 2246(2) of title 18, United States Code) where the victim involved does not consent or lacks the capacity to consent. The definition in subparagraph
(A)shall apply to all individuals. Federal funds may not be provided to a hospital unless such hospital complies with the conditions specified in paragraph
(2)in the case of— any woman who arrives at the hospital and states that she is a victim of sexual assault, or is accompanied by someone who states she is a victim of sexual assault; and any woman who arrives at the hospital whom hospital personnel have reason to believe is a victim of sexual assault. The conditions specified in this subsection regarding a hospital and a woman described in paragraph
(1)are as follows: The hospital promptly provides the woman with medically and factually accurate and unbiased written and oral information about emergency contraception, including information explaining that— some forms of emergency contraception have been approved by the Food and Drug Administration as over-the-counter medications for all women without age restrictions and such contraception is a safe and effective way to prevent pregnancy after unprotected intercourse or contraceptive failure if taken in a timely manner; emergency contraception is more effective the sooner it is taken; and emergency contraception does not cause an abortion and cannot interrupt an established pregnancy. The hospital promptly offers emergency contraception to the woman, and promptly provides such contraception to her at the hospital on her request. The information provided pursuant to subparagraph
(A)is in clear and concise language, is readily comprehensible, and meets such conditions regarding the provision of the information in languages other than English as the Secretary may establish. The services described in subparagraphs
(A)through
(C)are not denied because of the inability of the woman or her family to pay for the services. This subsection shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. Not later than 30 days prior to the expiration of such period, the Secretary shall publish in the Federal Register criteria for carrying out this section. Nonprofits (other than institutions of higher education) shall provide for campus programs focused on effective prevention strategies that include— the implementation of a comprehensive prevention strategy based on evidence-based research that identifies strategies to prevent sexually violent behavior; the use of risk and protective factors through the provision of training to students on sexual violence and prevention and the provision of campus outreach on preventing sexual violence and information about emergency contraception; and the coordination of activities with campus-based health facilities to ensure prompt access to medically and factually accurate and unbiased written and oral information about emergency contraception and assistance as determined under subsection (b)(2). The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information on emergency contraception. The Secretary may disseminate information on emergency contraception under subparagraph
(A)directly or through arrangements with health agencies, professional and nonprofit organizations, consumer groups, institutions of higher education, clinics, the media, and Federal, State, and local agencies. The information on emergency contraception disseminated under subparagraph
(A)shall include, at a minimum, the most current evidence-based and evidence-informed standards of care with respect to emergency contraception and an explanation of the proper, use, safety, efficacy, and availability of such contraception, and the availability of counseling with respect to such contraception. The Secretary, acting through the Administrator of the Health Resources and Services Administration and in consultation with major medical and public health organizations, shall develop and disseminate to health care providers information on emergency contraception. The information disseminated under subparagraph
(A)shall include, at a minimum— information describing the most current evidence-based and evidence-informed standards of care, proper use, safety, efficacy, and availability of emergency contraception, and the availability of counseling with respect to such contraception; recommendations regarding the use of such contraception in appropriate cases; recommendations for health care providers working in emergency rooms to consult with survivors of sexual assault, once such survivors are clinically stable, regarding options for emergency contraception and to provide any necessary follow-up care and referral services; and information explaining how to obtain copies of the information developed under paragraph
(1)for distribution to the patients of the providers. There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2016 through 2020. The Agency for Healthcare Research and Quality shall conduct a study of access of survivors of sexual assault to emergency contraception in each State and nationally, to make access and care safer, of higher quality, and more accessible, equitable, and affordable.
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Sec. 6
Compassionate assistance and awareness for survivors of rape
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