Purpose of the Bill

The purpose of this bill is to ensure patient consent for sensitive medical examinations conducted on anesthetized or unconscious patients. It seeks to protect patient autonomy and privacy by mandating informed consent and establishing penalties for violations.

Main Provisions

• Informed Consent Requirement: Health professionals, students, or residents are prohibited from performing sensitive examinations (defined as pelvic, breast, urogenital, or rectal exams) on anesthetized or unconscious patients without informed consent.
• Exceptions: Informed consent is not required if:
  • The patient or their representative has previously provided written consent.
  • The examination is part of a surgical or diagnostic procedure that has already received consent.
  • The patient is unconscious but the examination is deemed necessary for medical treatment.
  • A court has ordered the examination for evidence collection.

Significant Changes to Existing Law

• Establishes a new legal requirement for documented, informed consent specifically for sensitive exams on incapacitated patients.
• Introduces penalties for non-compliance, including classification of the offense as a gross misdemeanor and potential disciplinary action by the relevant health licensing board.

Relevant Terms

• Informed consent
• Sensitive examination
• Anesthetized/unconscious patients
• Pelvic, breast, urogenital, rectal exams
• Gross misdemeanor
• Health licensing board