1.1 A bill for an act
1.2 relating to health; requiring informed consent for sensitive examinations performed
1.3 on an anesthetized or unconscious patient; providing a criminal penalty; proposing
1.4 coding for new law in Minnesota Statutes, chapter 144.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [144.6584] INFORMED CONSENT REQUIRED FOR SENSITIVE
1.7EXAMINATIONS.
1.8 Subdivision 1.Definition.For purposes of this section, "sensitive examination" means
1.9a pelvic, breast, urogenital, or rectal examination.
1.10 Subd. 2.Informed consent required; exceptions.A health professional, or a student
1.11or resident participating in a course of instruction, clinical training, or a residency program
1.12for a health profession, must not perform a sensitive examination on an anesthetized or
1.13unconscious patient unless:
1.14 (1) the patient or the patient's legally authorized representative provided prior written,
1.15informed consent to the sensitive examination and the sensitive examination is necessary
1.16for preventive, diagnostic, or treatment purposes;
1.17 (2) the patient or the patient's legally authorized representative provided prior written,
1.18informed consent to a surgical procedure or diagnostic examination and the sensitive
1.19examination is within the scope of care ordered for that surgical procedure or diagnostic
1.20examination;
1.21 (3) the patient is unconscious and incapable of providing informed consent and the
1.22sensitive examination is necessary for diagnostic or treatment purposes; or
1Section 1.
REVISOR SGS/HL 25-0449603/11/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2371
NINETY-FOURTH SESSION
Authored by Robbins; Anderson, P. E.; Scott; Baker and Schultz03/17/2025
The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1 (4) a court ordered a sensitive examination to be performed for purposes of collection
2.2of evidence.
2.3 Subd. 3.Penalty; ground for disciplinary action.An individual who violates this
2.4section is guilty of a gross misdemeanor and is subject to disciplinary action by the
2.5health-related licensing board regulating the individual.
2.6 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
2.7committed on or after that date.
2Section 1.
REVISOR SGS/HL 25-0449603/11/25