Section 117.54. Prevention of sexually transmitted diseases

(a) A hospital shall provide a sexual assault victim with an assessment of the victim’s risk for contracting a sexually transmitted disease, hepatitis and HIV.

(b) The hospital shall base the risk assessment upon the following considerations:

(1) Available information regarding the assault as well as the subsequent findings from medical examinations and tests that may be conducted.

(2) Established standards of risk assessment, including consideration of recommendations made by the United States Department of Health and Human Services Centers for Disease Control and Prevention.

(c) In addition to the assessment required in subsection (a), a hospital shall advise a sexual assault victim of sexually transmissible diseases, hepatitis and HIV, for which postexposure prophylaxis exists, and for which deferral of treatment would either significantly reduce treatment efficacy or would pose a substantial risk to the individual’s health.

(d) Upon the victim’s consent, the hospital shall provide the victim with an initial dosage of up to 72 hours of postexposure prophylactic treatment for sexually transmissible diseases, hepatitis and HIV, and provide the victim with information and prescriptions necessary to obtain the remainder of the treatment regimen. A hospital will not be required to comply with this subsection when risk evaluation, adopted by the United States Department of Health and Human Services Centers for Disease Control and Prevention, clearly recommends against the application of postexposure prophylaxis.

The provisions of this § 117.54 adopted January 25, 2008, effective January 26, 2008, 38 Pa.B. 573.

Notation

Authority

The provisions of this § 117.54 amended under sections 102, 201(12), 801.1 and 803(2) of the Health Care Facilities Act (35 P. S. § § 448.102, 448.201(12), 448.801a and 448.803(2)); and under section 2102(a) and (g) of The Administrative Code of 1929 (71 P. S. § 532(a) and (g)).

Cross References

This section cited in 28 Pa. Code § 117.51 (relating to scope); and 28 Pa. Code § 117.58 (relating to exemption for hospitals providing limited emergency services).