Introduced Version
HOUSE BILL No. 1351
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-1-9.
Synopsis: Consent for pelvic, prostate, and rectal exams. 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: July 1, 2025.
Jackson C, Shackleford
January 13, 2025, read first time and referred to Committee on Public Health.
2025 IN 1351—LS 6101/DI 104 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1351
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-1-9-4.2 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 4.2. (a) A practitioner, a student in training in a
4 medical school, an intern, a resident, a graduate student, or an
5 individual participating in a clinical training or resident program
6 may not perform a pelvic, prostate, or rectal examination on an
7 anesthetized or unconscious patient unless one (1) of the following
8 conditions is met:
9 (1) The patient, the patient's guardian, or the patient's health
10 care representative (as defined in IC 16-21-12-4) provides
11 prior written informed consent to the pelvic, prostate, or
12 rectal examination.
13 (2) The performance of a pelvic, prostate, or rectal
14 examination is within the scope of care ordered for the
15 surgical procedure or diagnostic examination to be performed
16 on the patient and the patient, patient's guardian, or patient's
17 health care representative (as defined in IC 16-21-12-4) has
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1 given informed consent.
2 (3) A medical emergency exists and the pelvic, prostate, or
3 rectal examination is immediately necessary for diagnostic
4 examination or treatment of the patient.
5 (4) A court has ordered the performance of the pelvic,
6 prostate, or rectal examination for the purposes of the
7 collection of evidence.
8 (b) A person who violates this section is subject to disciplinary
9 sanctions under section 9 of this chapter.
10 SECTION 2. IC 25-1-9-9 IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2025]: Sec. 9. (a) The board may impose any
12 of the following sanctions, singly or in combination, if it finds that a
13 practitioner is subject to disciplinary sanctions under section 4, 4.2, 5,
14 6, 6.7, or 6.9 of this chapter or IC 25-1-5-4:
15 (1) Permanently revoke a practitioner's license.
16 (2) Suspend a practitioner's license.
17 (3) Censure a practitioner.
18 (4) Issue a letter of reprimand.
19 (5) Place a practitioner on probation status and require the
20 practitioner to:
21 (A) report regularly to the board upon the matters that are the
22 basis of probation;
23 (B) limit practice to those areas prescribed by the board;
24 (C) continue or renew professional education under a
25 preceptor, or as otherwise directed or approved by the board,
26 until a satisfactory degree of skill has been attained in those
27 areas that are the basis of the probation; or
28 (D) perform or refrain from performing any acts, including
29 community restitution or service without compensation, that
30 the board considers appropriate to the public interest or to the
31 rehabilitation or treatment of the practitioner.
32 (6) Assess a fine against the practitioner in an amount not to
33 exceed one thousand dollars ($1,000) for each violation listed in
34 section 4 of this chapter, except for a finding of incompetency due
35 to a physical or mental disability. When imposing a fine, the
36 board shall consider a practitioner's ability to pay the amount
37 assessed. If the practitioner fails to pay the fine within the time
38 specified by the board, the board may suspend the practitioner's
39 license without additional proceedings. However, a suspension
40 may not be imposed if the sole basis for the suspension is the
41 practitioner's inability to pay a fine.
42 (b) The board may withdraw or modify the probation under
2025 IN 1351—LS 6101/DI 104 3
1 subsection (a)(5) if it finds, after a hearing, that the deficiency that
2 required disciplinary action has been remedied, or that changed
3 circumstances warrant a modification of the order.
2025 IN 1351—LS 6101/DI 104