(1) For purposes of this section, unless the context otherwise requires:
"Emergency contraception" means a drug approved by the federal food and drugadministration that prevents pregnancy after sexual intercourse, including but not limited to oral contraceptive pills; except that "emergency contraception" shall not include RU-486, mifepristone, or any other drug or device that induces a medical abortion. Nothing in section 24-401 (1.5), C.R.S., shall be construed to amend or alter the definition of "emergency contraception".
"Sexual assault survivor" shall have the same meaning as "victim" as defined in section 18-3-401 (7), C.R.S.
Notwithstanding any other provision of law to the contrary, all health care facilitiesthat are licensed pursuant to this part 1 and provide emergency care to sexual assault survivors shall amend their evidence-collection protocols for the treatment of sexual assault survivors to include informing the survivor in a timely manner of the availability of emergency contraception as a means of pregnancy prophylaxis and educating the survivor on the proper use of emergency contraception and the appropriate follow-up care.
Nothing in this section shall be interpreted to require:
A health care professional who is employed by a health care facility that providesemergency care to a sexual assault survivor to inform the survivor of the availability of emergency contraception if the professional refuses to provide the information on the basis of religious or moral beliefs; or
A health care facility to provide emergency contraception to a sexual assault survivorwho is not at risk of becoming pregnant as a result of the sexual assault or who was already pregnant at the time of the assault.
If any licensed pharmacy does not have nonprescription emergency contraception instock, the pharmacy shall place a conspicuous notice in the area where customers obtain prescription drugs that states "Plan B Emergency Contraception Not Available".
The general assembly encourages health care facilities to provide training to emergency room staff concerning the efficacy of emergency contraception and the time-sensitive nature of the drug.
Because emergency contraception is time-sensitive and a sexual assault survivor mayseek information on or direct access to emergency contraception to prevent an unintended pregnancy resulting from the assault instead of or prior to seeking hospital treatment, it is critical that sexual assault survivors have accurate information about the availability and use of emergency contraception. Therefore, the general assembly encourages:
Entities offering victim assistance or counseling and rape crisis hotlines to includeinformation concerning the availability and use of emergency contraception; and
Licensed or registered pharmacies in the state of Colorado to distribute informationconcerning the availability and use of emergency contraception.
Source: L. 2007: Entire section added, p. 63, § 2, effective March 15. L. 2009: (1)(a) amended, (SB 09-225), ch. 126, p. 546, § 2, effective August 5.
Cross references: For the legislative declaration contained in the 2007 act enacting this section, see section 1 of chapter 24, Session Laws of Colorado 2007.