Sec. 323.054. FORENSIC MEDICAL EXAMINATION BY SAFE PROGRAM; INFORMED CONSENT. (a) A SAFE program shall provide to a sexual assault survivor under the care of the program a forensic medical examination in accordance with Subchapter B, Chapter 420, Government Code, if the examination has been requested by a law enforcement agency under Subchapter F, Chapter 56A, Code of Criminal Procedure, or if the examination is performed in accordance with Subchapter G, Chapter 56A, Code of Criminal Procedure.
(b) Only a sexual assault examiner or a sexual assault nurse examiner may perform a forensic medical examination under a SAFE program.
(c) A sexual assault examiner or sexual assault nurse examiner employed by or under contract with a SAFE program must obtain a sexual assault survivor's informed, written consent before performing a forensic medical examination or providing medical treatment to the survivor.
(d) A sexual assault survivor who receives a forensic medical examination from a sexual assault examiner or sexual assault nurse examiner employed by or under contract with a SAFE program may not be required to:
(1) participate in the investigation or prosecution of an offense as a prerequisite to receiving the forensic medical examination or medical treatment; or
(2) pay for the costs of the forensic portion of the forensic medical examination or for the evidence collection kit.
Added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 18, eff. September 1, 2021.
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 B. Sexual Assault Forensic Examination Programs
Section 323.052. Operation of Safe Program; Designation of Safe Program as Safe-Ready Facility
Section 323.053. Minimum Standards for Safe Programs
Section 323.054. Forensic Medical Examination by Safe Program; Informed Consent