HRS §321-512
Emergency contraception for sexual assault victims
Hospitals must give female sexual assault victims accurate information about emergency contraception, offer it, and provide it if requested. Hospitals cannot deny it because the victim refuses a forensic exam or police report. If a pregnancy test shows pregnancy, the hospital does not have to give it.
The statute, as written — Compassionate care
(a) Any hospital at which a female sexual assault victim presents for emergency services shall: (1) Provide any female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception; (2) Orally inform each female sexual assault victim of the option to receive emergency contraception at the hospital; (3) When medically indicated, offer emergency contraception to each female sexual assault victim; (4) Dispense a complete course of emergency contraception to each female sexual assault victim who accepts or requests it; and (5) Ensure that providers who may prescribe or administer emergency contraception shall be trained to provide a female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception and sexual assault treatment options and access to emergency contraception. (b) No hospital shall deny a female sexual assault victim emergency contraception based on a refusal to undergo a forensic examination or a refusal to report the alleged sexual assault to law enforcement. (c) No hospital shall be required to dispense emergency contraception to a female sexual assault victim who has been determined to be pregnant through the administration by the hospital staff of a pregnancy test approved by the United States Food and Drug Administration. (d) If private insurance is not or cannot be utilized for payment, the cost of any emergency contraception dispensed pursuant to this part shall be paid by the department of human services.
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