SB 257 INTIMATE EXAMS OF CERTAIN PATIENTS

Sen Mark Moores

Actions: [4] SCC/SHPAC/SJC-SCC

Scheduled: Not Scheduled

 SB257 requires hospitals with in six months of this Act to implement a policy prohibiting intimate examinations of  patients who are anesthetized or unconscious without consent.   

 Synopsis: SB 257 relating to health, requiring hospitals to implement a policy prohibiting health care providers and students supervised by health care providers from performing intimate examinations on anesthetized or unconscious patients.

Analysis: Senate Bill 257 (SB 257) modifies the Public Health Act in regard to performing intimate examinations of anesthetized or unconscious patients, unless the patient or the patient's authorized representative has provided informed consent to the examination.
Hospitals are required in no less than six months to implement a policy prohibiting such above practices.
Definitions included in SB257 state: (1) "informed consent" means explicit, written permission to be obtained by a health care provider from a patient or the patient's authorized representative, without coercion, that includes an explanation of an intimate examination that may be performed by a health care provider or a student while the patient is unconscious or under anesthesia; (2) "intimate examination" means a breast, pelvic, prostate or rectal exam; (3) "patient's authorized representative" means a person that is authorized to make health care decisions for a patient pursuant to state law; and (4) "student" means a non-licensed learner under the supervision of a health care provider."