Purpose of the Bill

The bill aims to ensure that informed consent is obtained before performing sensitive medical examinations on anesthetized or unconscious patients. It establishes the circumstances under which these exams can be conducted without prior consent and introduces penalties for violations.

Main Provisions

• Informed Consent Requirement: Medical professionals, including students and residents in training, must obtain written informed consent from patients or their legal representatives before performing sensitive examinations while the patient is anesthetized or unconscious.

• Sensitive Examinations Defined: The bill specifies that sensitive examinations include pelvic, breast, urogenital, or rectal exams.

• Exceptions to Consent:

  1. Consent has been obtained for a diagnostic, preventative, or treatment-related sensitive examination.
  2. The examination falls within the scope of consent provided for a surgical or diagnostic procedure.
  3. The patient is unconscious and unable to give consent, but the examination is urgently needed for diagnosis or treatment.
  4. A court order mandates the examination to collect evidence.

• Penalties for Non-compliance: Performing sensitive examinations without proper consent constitutes a gross misdemeanor and may result in disciplinary action by the healthcare provider's licensing board.

Significant Changes to Existing Law

This bill introduces new legal requirements for obtaining consent for specific examinations, along with establishing legal and professional consequences for violations, providing greater protection for patient rights during medical procedures.

Relevant Terms

• Informed Consent
• Sensitive Examinations
• Pelvic Exam
• Breast Exam
• Urogenital Exam
• Rectal Exam
• Anesthetized Patient
• Unconscious Patient
• Gross Misdemeanor