1.1 A bill for an act
1.2 relating to health; providing for informed consent for sensitive examinations of
1.3 an anesthetized or unconscious patient; establishing a penalty; proposing coding
1.4 for new law in Minnesota Statutes, chapter 145.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [145.076] INFORMED CONSENT REQUIRED FOR SENSITIVE
1.7EXAMINATIONS.
1.8 Subdivision 1.Definition.For the purposes of this section, "sensitive examination"
1.9means a 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, shall 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.
25-00031 as introduced10/25/24 REVISOR SGS/CH
SENATE
STATE OF MINNESOTA
S.F. No. 183NINETY-FOURTH SESSION
(SENATE AUTHORS: MAYE QUADE, Coleman, Boldon, Port and Housley)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/16/2025
Referred to Health and Human Services 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.A person who violates this section
2.4is guilty of a gross misdemeanor and is subject to disciplinary action by the health-related
2.5licensing board regulating the person.
2.6 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
2.7committed on or after that date.
2Section 1.
25-00031 as introduced10/25/24 REVISOR SGS/CH