LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6215 NOTE PREPARED: Nov 20, 2023 BILL NUMBER: HB 1119 BILL AMENDED: SUBJECT: Consent for Pelvic, Prostate, and Rectal Exams. FIRST AUTHOR: Rep. Jackson BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State DEDICATED FEDERAL Summary of Legislation: The bill prohibits health practitioners and other specified individuals from performing pelvic, prostate, or rectal examinations on an anesthetized or unconscious patient except in specified circumstances. Effective Date: July 1, 2024. Explanation of State Expenditures: Rules– The bill does not specify that rules would be necessary to implement the bill’s requirements. However, the Professional Licensing Agency (PLA), in conjunction the Medical Licensing Board and possibly the Indiana Department of Health, may need to adopt rules to help implement this provision such as the sufficient wording on hospital patient consent forms to comply with the bill. Rule making is within the PLA’s routine administrative functions and should be able to be implemented with no additional appropriations, assuming near customary staffing and resource levels. Disciplinary Matters– Violations of the bill’s provision would lead to disciplinary action from the appropriate health profession board under the remedies within current law. It is likely any disciplinary matters would be able to be addressed within the professional board’s regular schedule of board meetings. Explanation of State Revenues: Disciplinary Matters– The appropriate health professions board could fine a practitioner who violates the requirements of this bill up to a maximum civil penalty of $1,000. Health profession fines are placed in the state General Fund, unless otherwise designated by law. Any revenue received from civil penalties is expected to be small. (The bill does provide an exception to this requirement in cases where such an exam would be within “the scope of care” provided to the patient.) HB 1119 1 Additional Information– As of November 2023, 23 states have adopted legislation regarding pelvic examinations. Montana and Missouri recently passed legislation banning pelvic examinations on anesthetized or unconscious patients. Explanation of Local Expenditures: Explanation of Local Revenues: State Agencies Affected: Professional Licensing Agency; Indiana Department of Health; Medical Licensing Board; affected health profession boards. Local Agencies Affected: Information Sources: https://www.cambridge.org/core/journals/american-journal-of-law-and-medicine/article/pelvic-exam-law s-in-the-united-states-a-systematic-review/3165682DE3A5D7C5D487CECD5FF02680; IC 25-1-9-9; https://www.adventhealth.com/sites/default/files/assets/Pelvic-Female-Intake-fillable.pdf. Fiscal Analyst: Jasmine Noel, 317-234-1360 HB 1119 2