Indiana 2024 Regular Session

Indiana House Bill HB1119 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1119
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-1-9.
7	7	Synopsis: Consent for pelvic, prostate, and rectal exams. Prohibits
8	8	health practitioners and other specified individuals from performing
9	9	pelvic, prostate, or rectal examinations on an anesthetized or
10	10	unconscious patient except in specified circumstances.
11	11	Effective: July 1, 2024.
12	12	Jackson, Fleming
13	13	January 8, 2024, read first time and referred to Committee on Public Health.
14	14	2024 IN 1119—LS 6215/DI 104 Introduced
15	15	Second Regular Session of the 123rd General Assembly (2024)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2023 Regular Session of the General Assembly.
25	25	HOUSE BILL No. 1119
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	professions and occupations.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 25-1-9-4.2 IS ADDED TO THE INDIANA CODE
30	30	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
31	31	3 1, 2024]: Sec. 4.2. (a) A practitioner, a student in training in a
32	32	4 medical school, an intern, a resident, a graduate student, or an
33	33	5 individual participating in a clinical training or resident program
34	34	6 may not perform a pelvic, prostate, or rectal examination on an
35	35	7 anesthetized or unconscious patient unless one (1) of the following
36	36	8 conditions is met:
37	37	9 (1) The patient, the patient's guardian, or the patient's health
38	38	10 care representative (as defined in IC 16-21-12-4) provides
39	39	11 prior written informed consent to the pelvic, prostate, or
40	40	12 rectal examination.
41	41	13 (2) The performance of a pelvic, prostate, or rectal
42	42	14 examination is within the scope of care ordered for the
43	43	15 surgical procedure or diagnostic examination to be performed
44	44	16 on the patient and the patient, patient's guardian, or patient's
45	45	17 health care representative (as defined in IC 16-21-12-4) has
46	46	2024 IN 1119—LS 6215/DI 104 2
47	47	1 given informed consent.
48	48	2 (3) A medical emergency exists and the pelvic, prostate, or
49	49	3 rectal examination is immediately necessary for diagnostic
50	50	4 examination or treatment of the patient.
51	51	5 (4) A court has ordered the performance of the pelvic,
52	52	6 prostate, or rectal examination for the purposes of the
53	53	7 collection of evidence.
54	54	8 (b) A person who violates this section is subject to disciplinary
55	55	9 sanctions under section 9 of this chapter.
56	56	10 SECTION 2. IC 25-1-9-9 IS AMENDED TO READ AS FOLLOWS
57	57	11 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The board may impose any
58	58	12 of the following sanctions, singly or in combination, if it finds that a
59	59	13 practitioner is subject to disciplinary sanctions under section 4, 4.2, 5,
60	60	14 6, 6.7, or 6.9 of this chapter or IC 25-1-5-4:
61	61	15 (1) Permanently revoke a practitioner's license.
62	62	16 (2) Suspend a practitioner's license.
63	63	17 (3) Censure a practitioner.
64	64	18 (4) Issue a letter of reprimand.
65	65	19 (5) Place a practitioner on probation status and require the
66	66	20 practitioner to:
67	67	21 (A) report regularly to the board upon the matters that are the
68	68	22 basis of probation;
69	69	23 (B) limit practice to those areas prescribed by the board;
70	70	24 (C) continue or renew professional education under a
71	71	25 preceptor, or as otherwise directed or approved by the board,
72	72	26 until a satisfactory degree of skill has been attained in those
73	73	27 areas that are the basis of the probation; or
74	74	28 (D) perform or refrain from performing any acts, including
75	75	29 community restitution or service without compensation, that
76	76	30 the board considers appropriate to the public interest or to the
77	77	31 rehabilitation or treatment of the practitioner.
78	78	32 (6) Assess a fine against the practitioner in an amount not to
79	79	33 exceed one thousand dollars ($1,000) for each violation listed in
80	80	34 section 4 of this chapter, except for a finding of incompetency due
81	81	35 to a physical or mental disability. When imposing a fine, the
82	82	36 board shall consider a practitioner's ability to pay the amount
83	83	37 assessed. If the practitioner fails to pay the fine within the time
84	84	38 specified by the board, the board may suspend the practitioner's
85	85	39 license without additional proceedings. However, a suspension
86	86	40 may not be imposed if the sole basis for the suspension is the
87	87	41 practitioner's inability to pay a fine.
88	88	42 (b) The board may withdraw or modify the probation under
89	89	2024 IN 1119—LS 6215/DI 104 3
90	90	1 subsection (a)(5) if it finds, after a hearing, that the deficiency that
91	91	2 required disciplinary action has been remedied, or that changed
92	92	3 circumstances warrant a modification of the order.
93	93	2024 IN 1119—LS 6215/DI 104