DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 435 Original 2020 Regular Session Jordan
Abstract: Prohibits nonconsensual pelvic and rectal examinations on patient's performed by
healthcare providers and medical residents, interns, or students.
Proposed law provides that healthcare providers or medical residents, interns, or students shall not
perform pelvic or rectal examinations on an anesthetized or unconscious patient without informed
consent.
Proposed law requires that informed consent shall be given by the patient or patient's representative
to provide informed written consent to the examination. Further requires that the examination is
necessary for preventive, diagnostic, or treatment purposes.
Proposed law provides one or more conditions shall be met in obtaining informed consent. Those
conditions shall be: (1) the examination is necessary for preventive care for the patient, (2) informed
consent has been given and the examination is within the scope of care for the patient, or (3) a court
has directed that the examination is necessary for collection of evidence.
Proposed law requires the healthcare provider to obtain informed consent by a written or electronic
document where the document specifically states what the document is, the nature and reason for the
examination, and the healthcare provider and medical resident, student, or intern assisting with the
examination.
Proposed law provides for ways to consent to an examination in which a medical resident, student,
or intern would either be present during the examination for educational purposes or not be allowed
to do so.
Proposed law provides that any healthcare provider who violates proposed law shall be subject to
disciplinary action and investigation pursuant to present law.
Proposed law provides that any healthcare provider who violates proposed law shall be fined no less
that $250 and no more than $500.
(Adds R.S. 40:1160.1-1160.3)