Purpose of the Bill

The bill aims to protect patient rights by requiring informed consent for certain sensitive medical examinations performed on anesthetized or unconscious patients. It seeks to ensure that patients or their legal representatives are aware and have agreed to such examinations unless specific exceptions apply.

Main Provisions

• Informed Consent Requirement: Medical professionals or medical students/residents must obtain prior written informed consent from the patient or their legally authorized representative before performing sensitive examinations on anesthetized or unconscious patients.

• Scope of Sensitive Examinations: These are defined as pelvic, breast, urogenital, or rectal examinations.

• Exceptions to Consent Requirement:

  1. The patient or representative has given consent for a surgical or diagnostic procedure, and the examination is part of these procedures.
  2. The examination is necessary for preventive, diagnostic, or treatment reasons when the patient is unconscious.
  3. A court has ordered the examination for the collection of evidence.

• Penalty: Unauthorized performance of such examinations is a gross misdemeanor, and violators may face disciplinary actions from the relevant health licensing board.

Significant Changes to Existing Law

This bill introduces a new statutory requirement for written informed consent specifically targeting sensitive examinations on individuals who are unable to provide consent due to being anesthetized or unconscious. This adds a layer of legal protection for the patients and establishes clear legal consequences for breaches.

Relevant Terms

• Informed consent
• Sensitive examination
• Pelvic exam
• Breast exam
• Urogenital examination
• Rectal examination
• Anesthetized
• Unconscious
• Gross misdemeanor
• Disciplinary action