West Virginia 2024 Regular Session

West Virginia House Bill HB4953

Introduced
1/22/24  

Caption

Relating to medical professional liability

Impact

The implementation of HB 4953 is expected to significantly affect practices within healthcare facilities across the state. By introducing a legally binding requirement for informed consent, the bill seeks to protect patients from undergoing procedures without their explicit consent, thereby reinforcing the notion of patient autonomy. This change could lead to a shift in how healthcare providers prepare for and conduct examinations, necessitating additional training and protocol development to align with the bill's requirements.

Summary

House Bill 4953 proposes an amendment to the Code of West Virginia that mandates the requirement for informed consent prior to conducting pelvic, rectal, or prostate examinations on patients who are anesthetized or unconscious. This bill aims to formalize the need for healthcare providers to obtain explicit consent from patients, ensuring that they are adequately informed about the nature of the examination, its purpose, and any possible risks involved. The intent behind this legislation is to enhance patient autonomy and rights in healthcare settings, particularly concerning sensitive examinations.

Sentiment

Discussions surrounding HB 4953 show a generally positive sentiment among advocates for patient rights, who view the bill as a necessary step toward improving transparency in medical practices. Supporters emphasize the importance of informed consent, particularly for invasive examinations, and argue that it fosters a respectful and ethical healthcare environment. However, there may be concerns regarding implementation, potential increases in administrative burden for healthcare providers, and whether such measures could inadvertently complicate immediate medical care, especially in emergency situations.

Contention

Notable points of contention regarding HB 4953 include the balance between patient rights and the practicalities of emergency medical situations where obtaining consent may not be feasible. Some opponents may argue that while informed consent is essential, the stringent requirements could lead to delays in critical care, particularly for patients incapable of providing consent. Thus, the discussion may extend to defining the circumstances under which informed consent can be waived, especially in urgent medical scenarios where timing is of the essence.

Companion Bills

No companion bills found.

Previously Filed As

WV SB517

Medical Ethics Defense Act

WV SB698

Updating term of "physician assistant" to "physician associate"

WV SB83

Authorizing tactical medical professionals to carry firearms

WV SB155

Requiring medical professionals to report injuries and side effects from vaccines to Bureau for Public Health

WV HB3388

Creating the health care professionals preceptor tax credit

WV SB268

Relating to PEIA

WV HB2534

Relating to public employees insurance

WV HB2107

Relating to access of records in controlled substance monitoring

WV HB3182

Relating generally to mental health treatment

WV HB3069

Require that all injuries and side effects from vaccines be reported by medical professional to the Bureau for Public Health

Similar Bills

No similar bills found.