Utah Code 26B-4-502. Emergency contraception services for a victim of sexual assault

26B-4-502. Emergency contraception services for a victim of sexual assault.

(1)

Except as provided in Subsection (2), a designated facility shall provide the following services to a victim of sexual assault:

Terms Used In Utah Code 26B-4-502

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Critical access hospital: means a critical access hospital that meets the criteria of 42 U. See Utah Code 26B-4-501
Designated facility: means :

(a)	a freestanding urgent care center;

(b)	a general acute hospital; or

(c)

a critical access hospital. See Utah Code 26B-4-501

Dispense: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501

Emergency contraception: means the use of a substance, approved by the United States Food and Drug Administration, to prevent pregnancy after sexual intercourse. See Utah Code 26B-4-501

Freestanding urgent care center: means the same as that term is defined in Section 59-12-801. See Utah Code 26B-4-501

General acute hospital: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-4-501

Health care facility: means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health care agency, or another facility that provides or contracts to provide health care services, which facility is licensed under 2. See Utah Code 26B-4-501

Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 26B-4-501

Practitioner: means :

(a)	a physician; or

(b)

any other person who is permitted by law to prescribe emergency contraception. See Utah Code 26B-4-501

Prescribe: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501

Sexual assault: means any criminal conduct described in 4, that may result in a pregnancy. See Utah Code 26B-4-501

Victim of sexual assault: means any person who presents to receive, or receives, medical care in consequence of being subjected to sexual assault. See Utah Code 26B-4-501

(a)

provide the victim with written and oral medical information regarding emergency contraception that is unbiased, accurate, and generally accepted by the medical community as being scientifically valid;

(b)	orally inform the victim of sexual assault that the victim may obtain emergency contraception at the designated facility;

(c)	offer a complete regimen of emergency contraception to a victim of sexual assault;

(d)	provide, at the designated facility, emergency contraception to the victim of sexual assault upon her request;

(e)	maintain a protocol, prepared by a physician, for the administration of emergency contraception at the designated facility to a victim of sexual assault; and

(f)

develop and implement a written policy to ensure that a person is present at the designated facility, or on-call, who:

(i)	has authority to dispense or prescribe emergency contraception, independently, or under the protocol described in Subsection (1)(e), to a victim of sexual assault; and

(ii)	is trained to comply with the requirements of this section.

(2)

A freestanding urgent care center is exempt from the requirements of Subsection (1) if:

(a)	there is a general acute hospital or a critical access hospital within 30 miles of the freestanding urgent care center; and

(b)

an employee of the freestanding urgent care center provides the victim with:

(i)	written and oral medical information regarding emergency contraception that is unbiased, accurate, and generally accepted by the medical community as being scientifically valid; and

(ii)	the name and address of the general acute hospital or critical access hospital described in Subsection (2)(a).

(3)	A practitioner shall comply with Subsection (4) with regard to a person who is a victim of sexual assault, if the person presents to receive medical care, or receives medical care, from the practitioner at a location that is not a designated facility.

(4)

A practitioner described in Subsection (3) shall:

(a)	provide the victim with written and oral medical information regarding emergency contraception that is unbiased, accurate, and generally accepted by the medical community as being scientifically valid; and

(b)

(i)

(A)	orally inform the victim of sexual assault that the victim may obtain emergency contraception at the facility where the practitioner is located; and

(B)	provide emergency contraception to the victim of sexual assault, if she requests emergency contraception; or

(ii)	inform the victim of sexual assault of the nearest location where she may obtain emergency contraception.

(5)

(a)	The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to enforce the provisions of this section.

(b)	The department shall, in an expeditious manner, investigate any complaint received by the department regarding the failure of a health care facility to comply with a requirement of this section.

(c)	If the department finds a violation of this section or any rules adopted under this section, the department may take one or more of the actions described in Section 26B-2-208.

Renumbered and Amended by Chapter 307, 2023 General Session

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