Section 117.58. Exemption for hospitals providing limited emergency services

A hospital offering the most limited range of services and that elects to refer all emergency patients after institution of essential life-saving measures under § 117.13(3) (relating to scope of services) may elect not to provide any sexual assault emergency services. If a hospital otherwise governed by this subpart elects not to provide any sexual assault emergency services under this section, the hospital shall:

(1) Notify the Department within 30 days of the hospital’s decision not to provide any sexual assault emergency services.

(i) The hospital shall address and send the written notice to the Division of Acute and Ambulatory Care.

(ii) The Department will annually publish a list of hospitals in the Pennsylvania Bulletin that have chosen not to provide any sexual assault emergency services.

(2) Notify the law enforcement agencies that may transport or refer a sexual assault victim to the hospital that the hospital has elected not to provide any sexual assault emergency services. The written notice to law enforcement agencies shall be sent no later than 30 days after the hospital’s decision not to provide those services.

(3) Notify the ambulance and emergency medical care and transport services that may transport or refer a sexual assault victim to the hospital that the hospital has elected not to provide any sexual assault emergency services. The written notice to ambulance and emergency medical transport and care services shall be sent no later than 30 days after the hospital’s decision not to provide those services.

(4) Provide individual oral and written notice to the sexual assault victim that sexual assault emergency services are not provided at the hospital.

(5) Provide oral and written notice to the victim of the hospital’s obligation to arrange for a transfer of the victim in accordance with paragraph (6). Notice shall also be prominently displayed in the hospital’s emergency service area.

(6) Upon request of the victim, arrange for the immediate transfer of the victim to the closest hospital that provides sexual assault emergency services under § § 117.51—117.56.

The provisions of this § 117.58 adopted January 25, 2008, effective January 26, 2008, 38 Pa.B. 573.

Notation

Authority

The provisions of this § 117.58 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).