New Mexico 2023 Regular Session

New Mexico Senate Bill SB408

Caption

Intimate Exams Of Anesthetized Patients

Impact

The enactment of SB 408 will have significant implications on state healthcare practices, particularly in how intimate examinations are approached. By mandating informed consent for procedures that were historically conducted without it, the bill reinforces the necessity of patient autonomy and strengthens safeguarding measures for vulnerable individuals. Healthcare institutions will need to adapt to ensure compliance with the new regulations, which could lead to changes in training protocols for medical professionals, especially regarding procedures with students or trainees present.

Summary

Senate Bill 408 aims to regulate the practice of intimate examinations conducted by healthcare providers on anesthetized or unconscious patients in New Mexico. The bill specifically prohibits such examinations unless certain conditions are met, including obtaining informed consent from the patient or their authorized representative. Additionally, the bill stipulates that examinations should only be performed when necessary for diagnostic or treatment purposes, or if ordered by a court to collect evidence. This legislation seeks to protect patient rights and ensure ethical practices within the healthcare system.

Contention

While SB 408 has received support for prioritizing patient consent and dignity, some healthcare professionals express concern that the bill may hinder medical training opportunities. Tensions arise from the requirement of explicit consent, particularly for educational scenarios where students may benefit from observing such examinations. This aspect has spurred debate over balancing patient rights with the practicalities of medical education and the necessity of developing healthcare workers’ skills in real-world contexts.

Companion Bills

No companion bills found.

Previously Filed As

NM SB257

Intimate Exams Of Certain Patients

NM SB2676

Intimate medical examinations; establish requirements related to those of patients who are sedated, anesthetized or unconscious.

NM HB89

Regards intimate examination of anesthetized, unconscious patient

NM H4293

Prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients

NM H2146

Prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients

NM S1333

Prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients

NM SB159

Prohibiting certain medical exams on anesthetized patients

NM SB769

Prohibiting certain medical exams on anesthetized patients

NM HB1077

Informed Consent To Intimate Patient Examinations

NM SF1396

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

Similar Bills

LA SB121

Creates the Louisiana Family Caregiver Act. (gov sig)

SD HB1055

Modify medical cannabis certification requirements.

LA HB1286

Provides relative to the organization and budget of the Patient's Compensation Fund and the Patient's Compensation Fund Oversight Board

NM HB63

Medical Malpractice Changes

NM HB465

Medical Malpractice Changes

LA SB376

Creates the Louisiana Family Caregiver Act. (8/1/16)

LA SB302

Provides relative to medical consent and certain immunities. (8/1/14) (EN NO IMPACT See Note)

NM HB185

Step Therapy Guidelines