Purpose of the Bill

The bill aims to safeguard patient rights by mandating informed consent for specific types of medical examinations performed on patients who are anesthetized or unconscious. It seeks to ensure that such examinations are conducted ethically and with respect to patient autonomy.

Main Provisions

• Definition of Sensitive Examinations: The bill defines sensitive examinations as pelvic, breast, urogenital, or rectal examinations.

• Informed Consent Requirement:

  • Medical professionals, as well as students or residents in training programs, are required to obtain prior written informed consent from patients or their authorized representatives before performing sensitive examinations on patients who are unconscious or under anesthesia.
  • Informed consent is necessary unless specific conditions apply:
  • The examination is necessary for preventive, diagnostic, or treatment purposes, and consent covers the scope of care for a related surgical or diagnostic procedure.
  • The patient is incapable of providing consent due to being unconscious, but the examination is necessary for diagnostic or treatment reasons.
  • A court order mandates the examination, typically for evidence collection purposes.

Significant Changes to Existing Law

• Criminal Penalty and Disciplinary Actions: Performing unauthorized sensitive examinations under the outlined conditions will result in a gross misdemeanor charge. Individuals found in violation may also face disciplinary actions by the relevant health licensing board.

Relevant Terms

• Informed consent
• Anesthetized patient
• Unconscious patient
• Pelvic examination
• Breast examination
• Urogenital examination
• Rectal examination
• Gross misdemeanor
• Health licensing board