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 Apr. 29, 2024).

Accessed:
Apr. 29, 2024

§ 323.054’s source at texas​.gov