An Act To Prohibit, Except in Emergency Situations, the Performance without Consent of Pelvic Examinations on Unconscious or Anesthetized Patients

Sec. 1. 32 MRSA §2600-G  is enacted to read:

§ 2600-G.  Informed consent for pelvic examination on anesthetized or unconscious patient

An individual licensed under this chapter may not perform a pelvic examination or supervise a pelvic examination performed by an individual practicing under the supervision of the licensee on an anesthetized or unconscious patient without first obtaining the patient's informed consent to the pelvic examination, unless:

Sec. 2. 32 MRSA §3300-J  is enacted to read:

§ 3300-J.  Informed consent for pelvic examination on anesthetized or unconscious patient

An individual licensed under this chapter may not perform a pelvic examination or supervise a pelvic examination performed by an individual practicing under the supervision of the licensee on an anesthetized or unconscious patient without first obtaining the patient's informed consent to the pelvic examination, unless:

summary

This bill provides that, prior to administering or supervising a pelvic examination on an anesthetized or unconscious patient, a physician must obtain the patient's informed consent to the pelvic examination unless the examination is within the scope of the procedure or examination for which the patient has already consented, the pelvic examination of an unconscious patient is required for diagnostic purposes and is medically necessary or the pelvic examination is authorized pursuant to the implied consent provision in the Maine Health Security Act relating to forensic examinations of unconscious alleged victims of sexual assault.