Chapter 21A. Victims of Sexual Assault Emergency Care.

§ 7–2121. Definitions.

For the purposes of this chapter, the term:

(1) “Emergency contraception” means a drug or drug regimen approved by the U.S. Food and Drug Administration to prevent pregnancy when administered after sexual contact, including oral contraceptive pills.

(2) “Hospital” means a facility that provides 24-hour inpatient care, including diagnostic, therapeutic, and other health-related services, for a variety of physical or mental conditions, and may, in addition, provide outpatient services, particularly emergency care.

§ 7–2122. Information about emergency care.

(a) The Department of Health, in collaboration with the Board of Medicine and the Board of Pharmacy, shall develop medically and factually accurate written information regarding prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraception for the prevention of pregnancy due to sexual assault.

(b) The Department of Health shall disseminate the written information produced pursuant to subsection (a) of this section to all hospitals in the District.

§ 7–2123. Access to emergency care for victims of sexual assault.

All hospitals that provide emergency care to victims of sexual assault shall:

(1) Provide each victim of sexual assault written information developed pursuant to § 7-2122;

(2) Provide each victim of sexual assault an oral explanation of the written information distributed pursuant to paragraph (1) of this section;

(3) Inform each victim of sexual assault, orally and in writing, in a language that the victim understands, of the:

(A) Victim of sexual assault's rights under § 23-1908; and

(B) Option to be provided, by the hospital, with prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraception for the prevention of pregnancy;

(4) Consistent with accepted medical practice and protocols, immediately provide prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraception for the prevention of pregnancy to each victim of sexual assault, if the victim requests it and if the requested treatment is not medically contraindicated; and

(5) If the sexual assault victim, who is 13 years of age or older, consents, immediately notify the sexual assault victim advocate dispatch system described in § 23-1909(e).

(Mar. 25, 2009, D.C. Law 17-346, § 4, 56 DCR 966; Mar. 3, 2020, D.C. Law 23-57, § 4, 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.

§ 7–2124. Personnel training.

Hospitals shall have written policies and procedures to ensure that all personnel who provide care or information to a victim of sexual assault:

(1) Are trained to provide medically and factually accurate and objective information about prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraception for the prevention of pregnancy to a victim of sexual assault;

(2) Actually provide that information to a victim of sexual assault; and

(3) Ensure immediate access to prophylactic antibiotics for the treatment of sexually transmitted diseases and emergency contraception for the prevention of pregnancy to each victim of sexual assault, if requested and such treatment is not medically contraindicated.

§ 7–2125. Compliance.

The Department of Health shall determine compliance with the requirements of this chapter. The failure to comply with the requirements of this chapter may result in a civil fine to be determined by the Mayor.