86(R) HB 4531 - Enrolled version - Bill Text

	H.B.  No.  4531

	AN ACT
	relating to the rights and treatment of and services provided to
	certain adult sexual assault survivors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 323.004(c), Health and Safety Code, is
	amended to read as follows:
	(c)    A health care facility must obtain documented consent
	before providing the forensic medical examination and treatment.
	The facility shall presume that an adult sexual assault survivor
	requesting a forensic medical examination and treatment is
	competent.
	SECTION  2.    Chapter 323, Health and Safety Code, is amended
	by adding Section 323.0044 to read as follows:
	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.
	SECTION  3.    Section 420.072(c), Government Code, is amended
	to read as follows:
	(c)    A communication, a record, or evidence that is
	confidential under this subchapter may not be disclosed to a parent
	or legal guardian of a survivor who is a minor or to a guardian
	appointed under Title 3, Estates Code, of an adult survivor, if
	applicable, if an advocate or a sexual assault program knows or has
	reason to believe that the parent or [legal] guardian of the
	survivor is a suspect or accomplice in the sexual assault of the
	survivor.
	SECTION  4.    Section 420.073, Government Code, is amended by
	amending Subsection (a) and adding Subsection (d) to read as
	follows:
	(a)    Consent for the release of confidential information
	other than evidence contained in an evidence collection kit must be
	in writing and signed by the survivor, a parent or legal guardian if
	the survivor is a minor, [a legal guardian if the survivor has been
	adjudicated incompetent to manage the survivor's personal
	affairs,] an attorney ad litem appointed for the survivor, or a
	personal representative if the survivor is deceased. The written
	consent must specify:
	(1)    the information or records covered by the release;
	(2)    the reason or purpose for the release; [and]
	(3)    the person to whom the information is to be
	released; and
	(4)    a reasonable time limitation during which the
	information or records may be released.
	(d)    For purposes of Subsection (a), a written consent signed
	by an adult survivor with a guardian appointed under Title 3,
	Estates Code, is effective regardless of whether the adult
	survivor's guardian, guardian ad litem, or other legal agent signs
	the release. If the adult survivor agrees to the release but is
	unable to provide a signature and the guardian, guardian ad litem,
	or other legal agent is unavailable or declines to sign the release,
	the person seeking the release of confidential information may
	petition a court with probate jurisdiction in the county in which
	the adult survivor resides for an emergency order author