HF 3572

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 11:59am

A bill for an act
relating to health; providing for informed consent for sensitive examinations of
an anesthetized or unconscious patient; establishing a penalty; proposing coding
for new law in Minnesota Statutes, chapter 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145.076] INFORMED CONSENT REQUIRED FOR SENSITIVE
EXAMINATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "sensitive examination"
means a pelvic, breast, urogenital, or rectal examination.
new text end

new text begin Subd. 2. new text end

new text begin Informed consent required; exceptions. new text end

new text begin A health professional, or a student
or resident participating in a course of instruction, clinical training, or a residency program
for a health profession, shall not perform a sensitive examination on an anesthetized or
unconscious patient unless:
new text end

new text begin (1) the patient or the patient's legally authorized representative provided prior, written,
informed consent to the sensitive examination, and the sensitive examination is necessary
for preventive, diagnostic, or treatment purposes;
new text end

new text begin (2) the patient or the patient's legally authorized representative provided prior, written,
informed consent to a surgical procedure or diagnostic examination, and the sensitive
examination is within the scope of care ordered for that surgical procedure or diagnostic
examination;
new text end

new text begin (3) the patient is unconscious and incapable of providing informed consent, and the
sensitive examination is necessary for diagnostic or treatment purposes; or
new text end

new text begin (4) a court ordered a sensitive examination to be performed for purposes of collection
of evidence.
new text end

new text begin Subd. 3. new text end

new text begin Penalty; ground for disciplinary action. new text end

new text begin A person who violates this section
is guilty of a gross misdemeanor and is subject to disciplinary action by the health-related
licensing board regulating the person.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end