Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4293

Introduced
2/1/24  
Refer
2/1/24  

Caption

Prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients

Impact

If enacted, H4293 would bring about significant changes to current medical practices regarding intimate examinations. It aims to enhance patient autonomy and rights by ensuring that both patients and their representatives are informed and give explicit consent before such sensitive procedures. The requirement for authorized consent forms provides a legal safeguard for patients, promoting a higher standard of care and accountability within the medical community.

Summary

House Bill 4293 proposes stringent regulations concerning the performance of intimate examinations on anesthetized or unconscious patients. The bill explicitly mandates that health care providers must obtain specific informed consent from the patient or the patient's representative, unless certain exceptions apply, such as immediate necessity for diagnosis or treatment. The bill outlines the definitions of 'intimate examinations' and establishes an obligation for health care providers to use authorized informed consent forms before conducting such examinations.

Contention

There may be notable discussions regarding the balance between medical necessity and patient autonomy. Supporters of the bill argue that it is crucial to protect vulnerable patients who are unable to give consent due to their anesthetized or unconscious state. However, potential opponents could raise concerns regarding the bill's impact on emergent medical scenarios where immediate decisions must be made, potentially complicating urgent care practices. This balancing act between patient rights and medical efficacy will be a key point of deliberation in the legislative discussions surrounding this bill.

Companion Bills

MA H2146

Similar To Prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients

MA S1333

Replaces Prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients

Similar Bills

No similar bills found.