Sec. 323.0044. PROVISION OF EMERGENCY SERVICES TO CERTAIN ADULT SEXUAL ASSAULT SURVIVORS. (a) A health care facility shall provide a forensic medical examination and treatment to an adult sexual assault survivor for whom a guardian is appointed under Title 3, Estates Code, without the consent of the survivor's guardian, guardian ad litem, or other legal agent if:
(1) the health care facility determines the survivor understands the nature of the forensic medical examination and treatment; and
(2) the survivor agrees to receive the forensic medical examination and treatment.
(b) Subject to Subsection (c), if an adult sexual assault survivor requests a forensic medical examination and treatment and a health care facility determines the survivor potentially is incapable of consenting to the forensic medical examination and treatment, the health care facility may:
(1) obtain consent from a relative or caretaker of the survivor on the survivor's behalf;
(2) obtain consent from the survivor's guardian, guardian ad litem, or other legal agent; or
(3) petition a court with probate jurisdiction in the county in which the facility is located for an emergency order authorizing the forensic medical examination and treatment, in the manner provided by Section 48.208, Human Resources Code.
(c) If personnel of a health care facility know or have reason to believe that the survivor's relative, caretaker, guardian, guardian ad litem, or other legal agent is a suspect or accomplice in the sexual assault of the survivor, the health care facility may not contact the survivor's relative, caretaker, guardian, guardian ad litem, or other legal agent.
(d) A health care facility may not provide a forensic medical examination to an adult sexual assault survivor for whom a guardian is appointed under Title 3, Estates Code, if the survivor refuses the examination, regardless of whether the survivor's guardian requests or consents to the examination.
Added by Acts 2019, 86th Leg., R.S., Ch. 1329 (H.B. 4531), Sec. 2, eff. September 1, 2019.
Structure Texas Statutes
Subtitle G - Provision of Services in Certain Facilities
Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault
Subchapter A. Emergency Services for Survivors
Section 323.0015. Safe-Ready Facilities
Section 323.002. Plan for Emergency Services
Section 323.003. Rejection of Plan
Section 323.004. Minimum Standards for Emergency Services
Section 323.0044. Provision of Emergency Services to Certain Adult Sexual Assault Survivors
Section 323.0045. Basic Sexual Assault Forensic Evidence Collection Training
Section 323.005. Information Form
Section 323.0051. Information Form for Sexual Assault Survivors at Certain Facilities
Section 323.0052. Information Form for Sexual Assault Survivors Who Have Not Reported Assault