| 1 | 1 | | 25 LC 61 0031 |
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| 2 | 2 | | Senate Bill 288 |
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| 3 | 3 | | By: Senators Islam Parkes of the 7th, Jones II of the 22nd, Jackson of the 41st, Orrock of the |
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| 4 | 4 | | 36th, Esteves of the 35th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to |
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| 8 | 8 | | 1 |
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| 9 | 9 | | disclosure of certain information to persons undergoing certain surgical or diagnostic2 |
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| 10 | 10 | | procedures, failure to comply, exceptions, and regulations establishing standards for3 |
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| 11 | 11 | | implementation, so as to prohibit certain examinations on an anesthetized or unconscious4 |
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| 12 | 12 | | patient without prior informed consent; to provide that informed consent shall be deemed5 |
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| 13 | 13 | | valid consent for other medical personnel under certain conditions; to provide for related6 |
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| 14 | 14 | | matters; to repeal conflicting laws; and for other purposes.7 |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 16 | 16 | | SECTION 1.9 |
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| 17 | 17 | | Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to disclosure of10 |
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| 18 | 18 | | certain information to persons undergoing certain surgical or diagnostic procedures, failure11 |
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| 19 | 19 | | to comply, exceptions, and regulations establishing standards for implementation, is amended12 |
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| 20 | 20 | | by adding a new subsection to read as follows:13 |
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| 21 | 21 | | "(i)(1) Except as otherwise provided for in subsection (e) of this Code section, a |
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| 22 | 22 | | 14 |
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| 23 | 23 | | responsible physician shall not perform a breast, pelvic, prostate, or rectal examination15 |
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| 24 | 24 | | on an anesthetized or unconscious patient unless the patient, or a person authorized to16 |
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| 25 | 25 | | S. B. 288 |
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| 26 | 26 | | - 1 - 25 LC 61 0031 |
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| 27 | 27 | | consent for the patient, gives informed consent prior to such examination, the17 |
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| 28 | 28 | | performance of such examination is within the scope of care ordered for the patient, and18 |
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| 29 | 29 | | such examination is medically necessary for diagnosis or treatment purposes, or a court19 |
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| 30 | 30 | | has ordered the performance of any such examination for the purposes of evidence20 |
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| 31 | 31 | | collection.21 |
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| 32 | 32 | | (2) An informed consent to a breast, pelvic, prostate, or rectal examination obtained22 |
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| 33 | 33 | | pursuant to this subsection shall be deemed to be valid consent for the responsible23 |
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| 34 | 34 | | physician and all medical personnel under the direct supervision and control of the24 |
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| 35 | 35 | | responsible physician and for all other medical personnel otherwise involved in the25 |
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| 36 | 36 | | course of treatment of the patient's condition, provided that the patient is informed that26 |
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| 37 | 37 | | such other medical personnel may perform the examination."27 |
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| 38 | 38 | | SECTION 2.28 |
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| 39 | 39 | | All laws and parts of laws in conflict with this Act are repealed.29 |
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| 40 | 40 | | S. B. 288 |
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| 41 | 41 | | - 2 - |
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