§ 117.52. Minimum requirements for sexual assault emergency services.
(a) Promptly upon a sexual assault victim presenting to a hospital that provides sexual assault emergency services, or as immediately thereafter as medically appropriate depending on the condition of the victim, the hospital shall, at a minimum and in addition to any other services required by the condition of the victim, provide, with the consent of the victim, the following:
(1) Medical examinations and laboratory or diagnostic tests required to ensure the health, safety and welfare of the victim, or which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, or both. A hospital shall utilize a rape kit that complies with the minimum standard requirements developed by the Department or that is otherwise approved by the Department under the Sexual Assault Testing and Evidence Collection Act (35 P. S. § § 10172.1—10172.4). The Department will publish a notice of minimum standard requirements for rape kits or approved rape kits in the Pennsylvania Bulletin.
(2) Oral and written information concerning the possibility of a sexually transmitted disease and pregnancy resulting from the sexual assault.
(3) Oral and written information concerning accepted medical procedures, medication and possible contraindications of the medication available for the prevention or treatment of infection or disease resulting from the sexual assault.
(4) Medication as deemed appropriate by the attending physician, including HIV and sexually transmitted disease prophylaxis.
(5) Tests and examinations as medically indicated to determine the presence or absence of a sexually transmitted disease.
(6) Oral and written instructions advising of the need for additional blood tests at time periods after the sexual assault as medically indicated to determine the presence or absence of a sexually transmitted disease.
(7) Information on the availability of a rape crisis center or sexual assault counselor and the telephone number of a local rape crisis center or sexual assault counselor. The hospital shall promptly contact the local rape crisis center or sexual assault counselor at the request of the victim.
(8) The opportunity for the victim to consult with the rape crisis center or sexual assault counselor in person and in private while at the hospital.
(9) Emergency contraception under § 117.53 (relating to emergency contraception) for a female sexual assault victim.
(b) A hospital shall maintain records of the results of all examinations, tests and services provided to a sexual assault victim in accordance with Chapter 115 (relating to medical record services) and other applicable laws and regulations, and make those records available to law enforcement officials upon the request and with the consent of the sexual assault victim.
Authority The provisions of this § 117.52 amended under sections 102, 201(12), 801.1 and 803(2) of the Health Care Facilities Act (35 P. S. § § 448.102, 448.201(12), 448.801a and 448.803(2)); and under section 2102(a) and (g) of The Administrative Code of 1929 (71 P. S. § 532(a) and (g)).
Source The provisions of this § 117.52 adopted January 25, 2008, effective January 26, 2008, 38 Pa.B. 573.
Cross References This section cited in 28 Pa. Code § 117.51 (relating to scope); 28 Pa. Code § 117.53 (relating to emergency contraception); and 28 Pa. Code § 117.58 (relating to exemption for hospitals providing limited emergency services).
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