Indiana 2024 2024 Regular Session

Indiana House Bill HB1119 Introduced / Fiscal Note

Filed 01/04/2024

                    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