MISSISSIPPI LEGISLATURE 2025 Regular Session To: Public Health and Human Services By: Representative McLean House Bill 1299 AN ACT TO PROHIBIT HEALTH CARE PROFESSIONALS AND STUDENTS FROM PERFORMING OR SUPERVISING THE PERFORMANCE OF ANY INTIMATE EXAMINATION ON A PATIENT WHO IS SEDATED, ANESTHETIZED OR UNCONSCIOUS EXCEPT UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE WHAT A HEALTH CARE PROFESSIONAL OR STUDENT MUST DO TO OBTAIN SPECIFIC WRITTEN INFORMED CONSENT TO PERFORM AN INTIMATE EXAMINATION ON A SEDATED, ANESTHETIZED OR UNCONSCIOUS PATIENT; TO PROVIDE THAT A HEALTH CARE PROFESSIONAL OR STUDENT WHO VIOLATES THIS ACT OR RETALIATES AGAINST AN INDIVIDUAL WHO REPORTS A VIOLATION OF THIS ACT ENGAGES IN UNPROFESSIONAL CONDUCT, COMMITS AN ACT THAT IS GROUNDS FOR DISCIPLINE, AND IS SUBJECT TO DISCIPLINE BY THE APPROPRIATE LICENSING BOARD OR MEDICAL EDUCATION PROGRAM; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) As used in this section, the following terms shall be defined as provided in this subsection: (a) "Health care professional" means a person who is licensed, certified, registered or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession. (b) "Intimate examination" means the performance of a breast, pelvic, anal, rectal, prostate or other urogenital examination. (c) "Student" means any person enrolled in a health education program, including in a residency, internship or fellowship, and is working under the supervision of a health care professional. (2) A health care professional or student may not perform or supervise the performance of any intimate examination on a patient who is sedated, anesthetized or unconscious unless: (a) The patient or the patient's representative has given specific written informed consent to the intimate examination under subsection (3) of this section; (b) The performance of the intimate examination is within the scope and standard of care for the procedure or diagnostic examination to be performed on the patient and the patient or the patient's representative has given informed consent; (c) A medical emergency exists and the intimate examination is medically necessary for diagnosis or treatment of the patient; or (d) A court orders performance of the intimate examination for collection of evidence. (3) Nothing in this section affects the ability to perform a medical forensic examination, including the collection of evidence, in connection with an alleged sexual assault or other crime or the investigation of an alleged sexual assault or other crime, pursuant to applicable laws. (4) To obtain specific written informed consent to perform an intimate examination on a sedated, anesthetized or unconscious patient, a health care professional or student shall: (a) Provide the patient or the patient's representative with a written or electronic document that: (i) Is provided separately from any other notice or agreement; {ii) Specifies the nature and purpose of the intimate examination; (iii) Includes a description of the procedure to be performed; (iv) States which health care professional will be performing the intimate examination; (v) Identifies whether the intimate examination will be performed or observed by a student; and (vi) Provides the patient the ability to consent to or decline: 1. The intimate examination to be performed by a health care professional; and 2. The intimate examination to be performed by a student; (b) Obtain the signature of the patient or the patient's representative; and (c) Sign the informed consent form. (5) If an intimate examination is performed on a sedated, anesthetized or unconscious patient by a health care professional or a student under subsection (2) or (3) of this section, the health care professional or student shall notify the patient at a reasonable time before the patient is discharged from the care of the health care professional or the student. (6) Nothing in this section diminishes any other requirement to obtain informed consent for an intimate examination or any other procedure. (7) A health care professional or student who violates this section or retaliates against an individual who reports a violation of this section engages in unprofessional conduct, commits an act that is grounds for discipline, and is subject to discipline by the appropriate licensing board or medical education program. SECTION 2. This act shall take effect and be in force from and after July 1, 2025.
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Health and Human Services
By: Representative McLean
# House Bill 1299
AN ACT TO PROHIBIT HEALTH CARE PROFESSIONALS AND STUDENTS FROM PERFORMING OR SUPERVISING THE PERFORMANCE OF ANY INTIMATE EXAMINATION ON A PATIENT WHO IS SEDATED, ANESTHETIZED OR UNCONSCIOUS EXCEPT UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE WHAT A HEALTH CARE PROFESSIONAL OR STUDENT MUST DO TO OBTAIN SPECIFIC WRITTEN INFORMED CONSENT TO PERFORM AN INTIMATE EXAMINATION ON A SEDATED, ANESTHETIZED OR UNCONSCIOUS PATIENT; TO PROVIDE THAT A HEALTH CARE PROFESSIONAL OR STUDENT WHO VIOLATES THIS ACT OR RETALIATES AGAINST AN INDIVIDUAL WHO REPORTS A VIOLATION OF THIS ACT ENGAGES IN UNPROFESSIONAL CONDUCT, COMMITS AN ACT THAT IS GROUNDS FOR DISCIPLINE, AND IS SUBJECT TO DISCIPLINE BY THE APPROPRIATE LICENSING BOARD OR MEDICAL EDUCATION PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the following terms shall be defined as provided in this subsection:
(a) "Health care professional" means a person who is licensed, certified, registered or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession.
(b) "Intimate examination" means the performance of a breast, pelvic, anal, rectal, prostate or other urogenital examination.
(c) "Student" means any person enrolled in a health education program, including in a residency, internship or fellowship, and is working under the supervision of a health care professional.
(2) A health care professional or student may not perform or supervise the performance of any intimate examination on a patient who is sedated, anesthetized or unconscious unless:
(a) The patient or the patient's representative has given specific written informed consent to the intimate examination under subsection (3) of this section;
(b) The performance of the intimate examination is within the scope and standard of care for the procedure or diagnostic examination to be performed on the patient and the patient or the patient's representative has given informed consent;
(c) A medical emergency exists and the intimate examination is medically necessary for diagnosis or treatment of the patient; or
(d) A court orders performance of the intimate examination for collection of evidence.
(3) Nothing in this section affects the ability to perform a medical forensic examination, including the collection of evidence, in connection with an alleged sexual assault or other crime or the investigation of an alleged sexual assault or other crime, pursuant to applicable laws.
(4) To obtain specific written informed consent to perform an intimate examination on a sedated, anesthetized or unconscious patient, a health care professional or student shall:
(a) Provide the patient or the patient's representative with a written or electronic document that:
(i) Is provided separately from any other notice or agreement;
{ii) Specifies the nature and purpose of the intimate examination;
(iii) Includes a description of the procedure to be performed;
(iv) States which health care professional will be performing the intimate examination;
(v) Identifies whether the intimate examination will be performed or observed by a student; and
(vi) Provides the patient the ability to consent to or decline:
1. The intimate examination to be performed by a health care professional; and
2. The intimate examination to be performed by a student;
(b) Obtain the signature of the patient or the patient's representative; and
(c) Sign the informed consent form.
(5) If an intimate examination is performed on a sedated, anesthetized or unconscious patient by a health care professional or a student under subsection (2) or (3) of this section, the health care professional or student shall notify the patient at a reasonable time before the patient is discharged from the care of the health care professional or the student.
(6) Nothing in this section diminishes any other requirement to obtain informed consent for an intimate examination or any other procedure.
(7) A health care professional or student who violates this section or retaliates against an individual who reports a violation of this section engages in unprofessional conduct, commits an act that is grounds for discipline, and is subject to discipline by the appropriate licensing board or medical education program.
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.