Report Title:

Sexual Assault, Emergency Contraception

 

Description:

Requires all hospitals and primary care clinics to provide emergency contraception for sexual assault survivors. (HB1802 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1802

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EMERGENCY CONTRACEPTION FOR SEXUAL ASSAULT SURVIVORS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The American Medical Association's standards of emergency care require hospitals to make emergency contraception available to sexual assault survivors. However, many hospitals and clinics do not, which is a grave disservice to the ten per cent of women who are sexual assault survivors who become pregnant. This only adds to the trauma these women experience. Emergency contraception provides women with the option to prevent these unwanted pregnancies. One California court has even held a hospital liable for failing to give a sexual assault survivor information about and access to emergency contraception. It is safe and effective, and works by inhibiting ovulation, fertilization, or implantation before a pregnancy starts. It is available in easy-to-prescribe kits.

The purpose of this Act is to require all hospitals and primary care clinics to make these emergency contraceptive kits readily available to every sexual assault survivor who wants one.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . EMERGENCY CONTRACEPTION

321- Definitions. As used in this part, "primary care clinic" or "clinic" means a clinic for outpatient services providing all preventive and routine health care services, management of chronic diseases, consultation with specialists when necessary, and coordination of care across health care settings or multiple providers or both.

321- Emergency contraception, provision for sexual assault survivors. Every hospital and primary care clinic shall offer and make available emergency contraception to all female sexual assault survivors. The hospital or clinic shall inform the survivor, or the survivor's guardian or legal representative if the survivor is unconscious or unable to understand the information, of her emergency contraception option. Failure to notify or make emergency contraception available shall subject the hospital or clinic to a fine of $100 per day or per incident, whichever is greater, and shall be a basis for civil action by the sexual assault survivor."

SECTION 3. This Act shall take effect on January 1, 2003.