Tex. Health & Safety Code Section 323.054
Forensic Medical Examination by Safe Program; Informed Consent

(a)

A SAFE program shall provide to a sexual assault survivor under the care of the program a forensic medical examination in accordance with Subchapter B (Evidence Collection Protocol; Kits), Chapter 420 (Sexual Assault Prevention and Crisis Services), Government Code, and Subchapter G (Definitions), Chapter 56A (Rights of Crime Victims), Code of Criminal Procedure.

(b)

Only a sexual assault examiner or a sexual assault nurse examiner may perform a forensic medical examination under a SAFE program.

(c)

A sexual assault examiner or sexual assault nurse examiner employed by or under contract with a SAFE program must obtain the consent described by Article 56A.303, Code of Criminal Procedure, before performing a forensic medical examination or providing medical treatment to the survivor.

(d)

A sexual assault survivor who receives a forensic medical examination from a sexual assault examiner or sexual assault nurse examiner employed by or under contract with a SAFE program may not be required to:

(1)

participate in the investigation or prosecution of an offense as a prerequisite to receiving the forensic medical examination or medical treatment; or

(2)

pay for any costs described by Article 56A.304 (Payment of Fees Related to Examination)(a), Code of Criminal Procedure.

Added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 18, eff. September 1, 2021.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 23, eff. September 1, 2023.

Source: Section 323.054 — Forensic Medical Examination by Safe Program; Informed Consent, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.323.htm#323.054 (accessed Jun. 5, 2024).

323.001
Definitions 323.002
Plan for Emergency Services 323.003
Rejection of Plan 323.004
Minimum Standards for Emergency Services 323.005
Information Form 323.006
Inspection 323.007
Sexual Assault Survivors Who Are Minors 323.008
Data Publication 323.0015
Safe-ready Facilities 323.0044
Provision of Emergency Services to Certain Adult Sexual Assault Survivors 323.0045
Basic Sexual Assault Forensic Evidence Collection Training 323.0046
Basic Sexual Assault Response Policy and Training for Certain Health Care Facility Personnel 323.0051
Information Form for Sexual Assault Survivors at Certain Facilities 323.051
Definitions 323.0052
Information Form for Sexual Assault Survivors Who Have Not Reported Assault 323.052
Operation of Safe Program 323.053
Minimum Standards for Safe Programs 323.054
Forensic Medical Examination by Safe Program

Up to date

Accessed:
Jun. 5, 2024

§ 323.054’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._health_and_safety_code_section_323.054

Original Source: Section 323.054 — Forensic Medical Examination by Safe Program; Informed Consent, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.323.htm#323.054 (last accessed Jun. 5, 2024).

Tex. Health & Safety Code Section 323.054 Forensic Medical Examination by Safe Program; Informed Consent

(a)

(b)

(c)

(d)

(1)

(2)

Tex. Health & Safety Code Section 323.054
Forensic Medical Examination by Safe Program; Informed Consent