An Act To Prohibit, Except in Emergency Situations, the Performance without Consent of Certain Examinations on Unconscious or Anesthetized Patients
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24 MRSA §2905-B is enacted to read:
§ 2905-B. Informed consent for pelvic, rectal or prostate examination on anesthetized or unconscious patient
A health care practitioner may not perform a pelvic, rectal or prostate examination or supervise a pelvic, rectal or prostate examination performed by an individual practicing under the supervision of the health care practitioner on a patient without first obtaining the patient's specific informed consent, orally and in writing, to that pelvic, rectal or prostate examination, unless:
1. Unconscious patient; diagnostic purposes and medically necessary. In the case of an unconscious patient, the examination is required for diagnostic purposes and is medically necessary; or
2. Examination on unconscious alleged victim of sexual assault. The health care practitioner is authorized to perform the examination pursuant to section 2986, subsection 5.
Effective 90 days following adjournment of the 129th Legislature, Second Regular Session, unless otherwise indicated.