
September 19, 2007 |
2007-R-0542 | |
PLAN B LAW — IMPLEMENTATION AND ENFORCEMENT | ||
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By: Robin K. Cohen, Principal Analyst | ||
You asked whether regulations will be adopted to implement the new law requiring hospitals to provide for emergency contraception to victims of sexual assault (PA 07-24). You specifically asked whether these regulations, if adopted, would include procedures for (1) notifying health care facilities of the law and (2) enforcement.
PA 07-24 establishes standard-of-care requirements for all licensed health care facilities providing emergency treatment to female sexual assault victims, which includes providing emergency contraception when the victim requests it. It allows facilities to contract with one or more independent providers to ensure compliance with the standard-of-care requirements.
The act, which takes effect October 1, does not require the adoption of regulations, nor does it make any state agency responsible for overseeing its enforcement, which would include notifying the affected institutions. But the act applies to all licensed health care institutions. Since the Department of Public Health (DPH) licenses these institutions, it intends to be responsible for ensuring compliance.
DPH's Wendy Furniss reports that her agency regularly sends information to the various institutions it licenses when new laws pass, including providing effective dates and copies of the laws. It has already sent out notices regarding PA 07-24. People can complain to DPH about an institution's noncompliance with the law, and Furniss states that DPH will respond to any such complaints. Individual complaints of noncompliance could alternatively be handled through the court system.
RC: ts