RÉSUMÉ DIGEST
ACT 269 (HB 435) 2020 Regular Session Jordan
New law provides definitions for the following terms: anesthesia, examination, healthcare
provider, learner, patient, pelvic examination, rectal examination, personal healthcare
representative, and teaching purposes.
New 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 has 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.
New law provides that the healthcare provider who performs an examination pursuant to new
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.
New law provides that any violation of new law may constitute grounds for adverse licensure
action by the appropriate professional licensing board exercising jurisdiction over the
healthcare provider.
New 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 performed 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.
New law provides that a learner who violates new law may be subjected to 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.
Effective Aug. 1, 2020.
(Adds R.S. 40:1160.1-1160.4)