1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/12/2024 09:55am
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:
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For the purposes of this section, "sensitive examination"
means a pelvic, breast, urogenital, or rectal examination.
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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:
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(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;
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(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;
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(3) the patient is unconscious and incapable of providing informed consent, and the
sensitive examination is necessary for diagnostic or treatment purposes; or
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(4) a court ordered a sensitive examination to be performed for purposes of collection
of evidence.
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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.
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This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
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