New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A1541

Introduced
1/11/22  

Caption

Expressly prohibits invasive examination of unconscious patient by health care practitioner without patient's prior informed written consent.

Impact

The implications of A1541 are significant for medical practice in New Jersey. By requiring explicit consent for invasive examinations, the bill reinforces the importance of patient autonomy and informed decision-making in healthcare. Health care practitioners who fail to secure consent as stipulated would be subject to professional misconduct disciplinary measures, indicating a robust enforcement mechanism to uphold these standards. This legislative measure reflects a broader trend toward prioritizing patient rights and ethical medical practices.

Summary

Assembly Bill A1541 aims to protect patient rights by expressly prohibiting health care practitioners from conducting invasive examinations on patients who are under general anesthesia or otherwise unconscious, unless they have obtained the patient's prior informed written consent. This law seeks to ensure that patients are fully aware of and agree to any invasive procedures that may be performed on them while they cannot provide consent verbally. The bill defines 'informed consent' specifically, requiring practitioners to provide a thorough description of the examination’s nature, purpose, risks, and implications.

Contention

Notably, the bill includes exceptions where the consent requirement may not apply, particularly in emergency situations where immediate medical treatment is necessary to prevent severe injury or death. Critics may argue that these exceptions could create loopholes that health practitioners might exploit, leading to the potential for abuse. Additionally, concerns may arise surrounding the balancing act between assuring patient consent and the urgent nature of certain medical decisions that must be made in emergency contexts.

Companion Bills

No companion bills found.

Previously Filed As

NJ A255

Prohibits certain medical examinations on female patients without informed consent.

NJ A976

Prohibits certain medical examinations on female patients without informed consent.

NJ HB1498

Health; certain examinations on an anesthetized or unconscious patient without prior informed consent; prohibit

NJ HB2276

Prohibiting pelvic, rectal, or prostate exams on unconscious patients without informed consent.

NJ SB288

Disclosure of Certain Information; certain examinations on an anesthetized or unconscious patient without prior informed consent; prohibit

NJ SB267

Surgical or Diagnostic Procedures; certain examinations on an anesthetized or unconscious patient without prior informed consent; prohibit

NJ H4293

Prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients

NJ HB1428

Health; prohibit pelvic and rectal examinations on unconscious patients; provisions

NJ SF1396

Informed consent provision for pelvic examinations of an anesthetized or unconscious patient

NJ HB1077

Informed Consent To Intimate Patient Examinations

Similar Bills

NJ A255

Prohibits certain medical examinations on female patients without informed consent.

NJ A976

Prohibits certain medical examinations on female patients without informed consent.

LA HB435

Provides relative to nonconsensual pelvic or rectal examinations by health care providers and medical students

NM SB408

Intimate Exams Of Anesthetized Patients

PA HB1457

Further providing for definitions; providing for medical loss ratio; and making editorial changes.

PA SB549

In medical professional liability, providing for informed consent in pelvic, rectal and prostate examinations.

WI AB870

Video recording of surgical procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. (FE)

PA HB507

In medical professional liability, providing for informed consent in pelvic, rectal and prostate examinations.