Researcher: ND Page 1 3/31/22
OLR Bill Analysis
HB 5278
AN ACT PROHIBITING AN UNAUTHORIZED INTIMATE
EXAMINATION ON A PATIENT WHO IS UNDER DEEP SEDATION
OR ANESTHESIA OR UNCONSCIOUS.
SUMMARY
This bill prohibits a health care provider from performing an
“intimate examination” (i.e., pelvic, prostate, or rectal examination) on
a patient who is unconscious or under deep sedation or anesthesia
unless:
1. the patient or the patient’s legal representative provided written
informed consent for it;
2. the examination is within the scope of the patient’s surgical
procedure or diagnostic examination; or
3. for an unconscious patient, the examination is required for
diagnostic purposes.
Under the bill, the written patient consent form must, among other
things, (1) contain a bolded heading at the top about the examination,
(2) allow the patient to consent to or refuse the examination, and (3)
allow the patient to authorize or refuse a medical student or resident to
perform, observe, or otherwise be present at the examination.
Additionally, the bill requires the Department of Public Health to
investigate any alleged violations of the bill’s requirements and allows
the department to take disciplinary action if it determines a violation
was committed (e.g., license suspension or revocation, probation, or a
letter of reprimand).
Under the bill, health care providers are physicians; medical
students, residents, and fellows; physician assistants; and advanced
practice registered nurses. 2022HB-05278-R000231-BA.DOCX
Researcher: ND Page 2 3/31/22
EFFECTIVE DATE: July 1, 2022
PATIENT WRITTEN INFORMED CONSENT
The bill requires providers, when obtaining informed consent to
perform an intimate examination, to provide the patient or the patient’s
legal representative with a written or electronic consent form that:
1. may be included as a distinct or separate section of a general
informed consent form;
2. contains the following heading at the top of the form in at least
18-point, boldfaced type: “CONSENT FOR EXAMINATION OF
PELVIC, PROSTATE OR RECTAL REGION;”
3. specifies the nature and purpose of the intimate examination;
4. informs the patient or the patient’s legal representative that a
medical student or resident may be present if they authorize the
student or resident to perform, observe, or otherwise be present
at the examination for training purposes (either in-person or
remotely);
5. allows the patient or patient’s legal representative the
opportunity to consent to or refuse the intimate examination; and
6. allows a patient or a patient’s legal representative that consents
to the examination the chance to allow or refuse a medical
student or resident to perform, observe, or otherwise be present
at the examination for training purposes (either in-person or
remotely).
The bill also requires both the health care provider and the patient or
patient’s legal representative to sign the form.
COMMITTEE ACTION
Public Health Committee
Joint Favorable
Yea 31 Nay 0 (03/18/2022)