Montana 2023 Regular Session

Montana House Bill HB417

Introduced
2/3/23  
Refer
2/7/23  
Engrossed
2/24/23  
Refer
3/13/23  
Enrolled
3/31/23  

Caption

Require consent for sensitive health exams

Impact

The enactment of HB 417 will significantly bolster patient rights when it comes to sensitive medical procedures. This bill ensures that patients maintain control over their healthcare choices, fostering a more ethical practice within the medical community. By mandating consent, the bill also aims to prevent potential abuses that may arise from insensitive or unwarranted medical examinations. Furthermore, this legislation aligns with broader trends in healthcare policy emphasizing informed consent and transparency between healthcare providers and patients.

Summary

House Bill 417 establishes strict requirements for informed consent before performing sensitive medical examinations, such as breast, pelvic, urogenital, prostate, or rectal exams. The bill prohibits healthcare providers from conducting these procedures on patients who are anesthetized or unconscious unless certain conditions are met. This includes obtaining explicit consent from the patient or a designated decision-maker, correlating the exam with another scheduled procedure, or addressing an emergency situation where consent cannot be obtained. Violations of this law are categorized as unprofessional conduct, reinforcing the importance of patient autonomy in medical settings.

Sentiment

The general sentiment surrounding HB 417 appears to be largely positive, particularly among advocates of patient rights and healthcare reform. Supporters argue that it is a crucial step in protecting individuals' bodily autonomy and ensuring that personal medical decisions are respected. However, there are concerns from some medical professionals about the potential implications for emergency care practices and the operational challenges in obtaining consent from unconscious patients. Despite these concerns, the overall reception of the bill indicates strong support for safeguarding patient rights in the healthcare system.

Contention

Notable points of contention revolve around the practical implications of the bill on emergency medical response and the capability of healthcare providers to act swiftly in critical situations. Some stakeholders are worried that strict informed consent requirements could hinder timely interventions when a patient's condition demands immediate action. There is also apprehension regarding the additional administrative burdens placed on healthcare facilities to ensure compliance with the new regulations. The debate highlights the balancing act between respective patient rights and the practical needs of medical professionals in providing care.

Companion Bills

No companion bills found.

Previously Filed As

MT S1485

Providing for safe and consensual sensitive examinations

MT H2401

Providing for safe and consensual sensitive examinations

MT SF2846

Informed consent for sensitive examinations of an anesthetized or unconscious patient requirement

MT SF183

Informed consent for sensitive examinations of and anesthetized or unconscious patient requirement

MT SF2899

Informed consent required for sensitive examinations performed on an anesthetized or unconscious patient provision

MT HF2700

Minnesota Consumer Data Privacy Act modified to make consumer health data a form of sensitive data, and additional protections added for sensitive data.

MT HF2371

Informed consent for sensitive examinations performed on an anesthetized or unconscious patient required, and criminal penalty provided.

MT SF2940

Minnesota Data Privacy Act modification to make consumer health data a form of sensitive data provision and sensitive data additional protections addition provision

MT HB313

Provide for independent practice of physician assistants

MT HB655

Require medicaid coverage of home births attended by midwives

Similar Bills

No similar bills found.