Tex. Health & Safety Code Section 323.053
Minimum Standards for Safe Programs

A SAFE program must:


operate under the active oversight of a medical director who is a physician licensed by and in good standing with the Texas Medical Board;


provide medical treatment under a physician’s order, standing medical order, standing delegation order, or other order or protocol as defined by Texas Medical Board rules;


employ or contract with a sexual assault examiner or a sexual assault nurse examiner;


provide access to a sexual assault program advocate, as required by Subchapter H (Presence of Sexual Assault Program Advocate), Chapter 56A (Rights of Crime Victims), Code of Criminal Procedure;


ensure a sexual assault survivor has access to a private treatment room;


if indicated by a survivor’s history or on a survivor’s request, provide:


HIV testing and prophylactic medication to the survivor or a referral for the testing and medication; and


counseling and prophylactic medications for exposure to sexually transmitted infections and pregnancy;


provide to survivors the name and telephone number of a nearby sexual assault program that provides to survivors the minimum services described by Subchapter A (Short Title), Chapter 420 (Sexual Assault Prevention and Crisis Services), Government Code;


provide to survivors the information form required by Section 323.005 (Information Form), 323.0051 (Information Form for Sexual Assault Survivors at Certain Facilities), or 323.0052 (Information Form for Sexual Assault Survivors Who Have Not Reported Assault), as applicable, and orally communicate the information regarding crime victims compensation under Section 323.005 (Information Form)(a)(4);


collaborate with any sexual assault program, as defined by Section 420.003 (Definitions), Government Code, that provides services to survivors in the county;


engage in efforts to improve the quality of the program;


maintain capacity for appropriate triage or have agreements with other health facilities to assure that a survivor receives the appropriate level of care indicated for the survivor’s medical and mental health needs;


prioritize the safety and well-being of survivors;


provide a trauma-informed approach in the forensic medical care provided to survivors; and


collaborate with:


law enforcement agencies and attorneys representing the state with jurisdiction in the county;


any available local sexual assault response team; and


other interested persons in the community.
Added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 18, eff. September 1, 2021.

Source: Section 323.053 — Minimum Standards for Safe Programs, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­323.­htm#323.­053 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 323.053’s source at texas​.gov