GREEN SHEET REDIGEST
HB 435 2020 Regular Session Jordan
HEALTH/MEDICAL TREATMENT: Provides relative to nonconsensual pelvic or
rectal examinations by health care providers and medical students
DIGEST
Proposed law provides definitions for the following terms: anesthesia, examination,
healthcare provider, learner, patient, pelvic examination, rectal examination, and personal
healthcare representative.
Proposed law provides that healthcare providers shall not perform a pelvic or rectal
examination on an anesthetized or unconscious patient unless one of the following conditions
have been met:
(1)Written consent has been given by the patient or personal healthcare representative
to the examination and that the examination is necessary for instructional, preventive,
diagnostic, or treatment purposes.
(2)Informed consent has been given and the examination is within the scope of care for
the patient.
(3)The patient is unconscious and incapable of providing consent and the examination
is medically necessary.
Proposed law provides that the healthcare provider who performs an examination pursuant
to proposed law shall notify the patient that an additional examination was performed and
the nature of the examination. Further provides that the patient shall be notified at a
reasonable time before the patient is discharged from the healthcare provider's care.
Proposed law provides that any violation of proposed law may constitute grounds for adverse
licensure action by the appropriate professional licensing board exercising jurisdiction over
the healthcare provider.
Proposed law provides that a learner in a clinical setting shall only perform an examination
on a patient who is under general anesthesia when all of the following conditions are met:
(1)The examination is explicitly consented to by the patient.
(2)The examination is medically related to the procedure the patient is undergoing.
(3)The learner is recognized by the patient as a part of the patient's care team.
(4)The examination was conducted under the direct supervision of an educator.
Proposed law provides that a learner who violates proposed law may be subjected to adverse
action by the medical education program and adverse licensure action by the appropriate
professional licensing board for any licensed individual.
(Adds R.S. 40:1160.1-1160.4)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
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Prepared by Brandi Cannon. 2. Clarify that a "healthcare provider" means a physician or other healthcare
practitioner licensed, certified, registered, or otherwise authorized to perform
specified healthcare services consistent with state law.
3. Add a definition that a "learner" means any person enrolled in a medical,
nursing, or allied health education program including but not limited to a
medical resident, intern, or student who is taking a course or participating in
a clinical training or residency program.
4. Clarify the meaning of a pelvic or rectal examination.
5. State that a "personal healthcare representative" has the meaning ascribed in
present law.
6. Clarify the conditions in which an examination may be performed on a
patient who is under anesthesia.
7. Remove language relative to the patient signing a document to consent to
having an additional examination performed during an already scheduled
procedure.
8. Remove the criminal penalties for a healthcare provider associated with
violating proposed law.
9. Add civil penalties for healthcare providers when violating proposed law.
10.Add requirements for an examination to be performed by learners when the
patient is under general anesthesia.
11.Add civil penalties for learners when violating proposed law.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the reengrossed bill
1. Provides that learners in a clinical setting shall only perform an examination
on a patient who is under general anesthesia for teaching purposes when the
examination is medically related to the performed procedure.
2. Clarifies that a violation may constitute grounds for adverse action by the
medical education program for any learner and for adverse licensure action
by the appropriate professional licensing board for any licensed individual.
3. Makes technical changes.
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Prepared by Brandi Cannon.