UNOFFICIAL COPY 24 RS BR 1134
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AN ACT relating to informed consent for medical examinations. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 216 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "informed consent" means the signing of a medical 5
examination consent form by the patient or a person authorized to make health 6
care decisions for the patient that satisfies the following conditions: 7
(a) Is written in plain language or is communicated by a method the patient or 8
person authorized to make health care decisions for the patient is able to 9
understand; 10
(b) Is dated; 11
(c) Includes a description of the procedure to be performed; and 12
(d) States whether a student or medical resident will perform or be present at 13
the patient’s examination. 14
(2) A health care provider shall not knowingly perform or supervise the performance 15
of a pelvic, rectal, or prostate examination on a patient who is anesthetized, 16
unconscious, undergoing a prenatal visit, or giving birth unless one of the 17
following applies: 18
(a) The patient or the person authorized to make health care decisions for the 19
patient has given informed consent to the examination; 20
(b) The examination is necessary for diagnostic or treatment purposes; 21
(c) An emergency exists that makes it impracticable to obtain informed consent 22
and the examination is necessary for diagnostic or treatment purposes; or 23
(d) A court of competent jurisdiction orders the performance of the 24
examination for the collection of evidence and the order is issued in 25
compliance with all of the following provisions: 26
1. The court finds that there is a compelling need for the examination 27 UNOFFICIAL COPY 24 RS BR 1134
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that cannot be accommodated by other means. In assessing 1
compelling need, the court shall weigh the need for the examination 2
and the disclosure of the results against the privacy interest of the 3
individual to be examined; and 4
2. Pleadings pertaining to the ordering of the examination shall 5
substitute a pseudonym for the true name of the subject of the 6
examination. The true name shall be communicated confidentially to 7
the court and kept under seal of the court. 8
(3) A health care provider shall notify the patient as soon as reasonably practical that 9
an examination was performed. 10
(4) A health care provider who violates subsection (2) of this section shall be subject 11
to discipline by the appropriate professional licensing or certification board. 12