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Legislative Year: 2023 Change
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Bill Detail: HB23-1077

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Title Informed Consent To Intimate Patient Examinations
Status House Committee on Health & Insurance Refer Unamended to Appropriations (02/03/2023)
Bill Subjects
  • Health Care & Health Insurance
  • Professions & Occupations
House Sponsors J. Willford (D)
Senate Sponsors F. Winter (D)
S. Jaquez Lewis (D)
House Committee Health and Insurance
Senate Committee
Date Introduced 01/19/2023
Summary

The bill prohibits a licensed physician; licensed medical resident,
intern, or fellow; licensed professional nurse; advanced practice
registered nurse; registered direct-entry midwife; or medical, nursing, or
direct-entry midwife student or trainee (licensee, student, or trainee) from
performing, and prohibits a licensed health-care facility from permitting
a licensee, student, or trainee to perform, an intimate examination on a
sedated or unconscious patient unless the patient has given specific
informed consent to an intimate examination. Additionally, a student or
trainee may perform an intimate examination on a sedated or unconscious
patient for educational or training purposes only if:
  • The examination is related to the planned procedure to be
performed on the patient;
  • The patient recognizes the student or trainee as part of the
patient's care team; and
  • The student or trainee is under the direct supervision of the
supervising licensee.
The bill outlines the requirements for obtaining the patient's
informed consent. Failure to comply with the requirements of the bill, or
retaliating against a person who complains about a violation of the bill,
constitutes unprofessional conduct, is grounds for discipline, and subjects
the licensee, student, or trainee to discipline by the regulator that regulates
the particular health-care profession. A licensed health-care facility that
fails to comply with the requirements of the bill is subject to sanctions
imposed by the department of public health and environment.
Additionally, liability limitations otherwise applicable to
health-care professionals and institutions under current law do not apply
to a licensee that performs, or a licensed health-care facility that permits
a licensee to perform, an intimate examination on a sedated or
unconscious patient in violation of the requirements of the bill.

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