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Minnesota Legislature

Office of the Revisor of Statutes

HF 2713

as introduced - 91st Legislature (2019 - 2020) Posted on 04/04/2019 09:30am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; providing for informed consent for pelvic 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 [145.472] INFORMED CONSENT REQUIRED FOR PELVIC
EXAMINATIONS.
new text end

new text begin Subdivision 1. 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 pelvic 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 pelvic examination, and the pelvic 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 pelvic
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
pelvic examination is necessary for diagnostic or treatment purposes; or
new text end

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

new text begin Subd. 2. 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, 2019, and applies to crimes
committed on or after that date.
new text end