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An Act To Prohibit, Except in Emergency Situations, the Performance without Consent of Pelvic Examinations on Unconscious or Anesthetized Patients
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §2600-G  is enacted to read:
§ 2600-G. Informed consent for pelvic examination on anesthetized or unconscious patient
An individual licensed under this chapter may not perform a pelvic examination or supervise a pelvic examination performed by an individual practicing under the supervision of the licensee on an anesthetized or unconscious patient without first obtaining the patient's informed consent to the pelvic examination, unless:
 
1.  Scope of procedure or examination.     The performance of a pelvic examination is within the scope of the surgical procedure or diagnostic examination to be performed on the patient for which informed consent has otherwise been obtained;
 
2.  Unconscious patient; diagnostic purposes and medically necessary.     In the case of an unconscious patient, the pelvic examination is required for diagnostic purposes and is medically necessary; or
 
3.  Examination on unconscious alleged victim of sexual assault.     The licensee is authorized to perform the pelvic examination pursuant to Title 24, section 2986, subsection 5.
Sec. 2.  32 MRSA §3300-J  is enacted to read:
§ 3300-J. Informed consent for pelvic examination on anesthetized or unconscious patient
An individual licensed under this chapter may not perform a pelvic examination or supervise a pelvic examination performed by an individual practicing under the supervision of the licensee on an anesthetized or unconscious patient without first obtaining the patient's informed consent to the pelvic examination, unless:
 
1.  Scope of procedure or examination.     The performance of a pelvic examination is within the scope of the surgical procedure or diagnostic examination to be performed on the patient for which informed consent has otherwise been obtained;
 
2.  Unconscious patient; diagnostic purposes and medically necessary.     In the case of an unconscious patient, the pelvic examination is required for diagnostic purposes and is medically necessary; or
 
3.  Examination on unconscious alleged victim of sexual assault.     The licensee is authorized to perform the pelvic examination pursuant to Title 24, section 2986, subsection 5.
 
SUMMARY
This bill provides that, prior to administering or supervising a pelvic examination on an anesthetized or unconscious patient, a physician must obtain the patient's informed consent to the pelvic examination unless the examination is within the scope of the procedure or examination for which the patient has already consented, the pelvic examination of an unconscious patient is required for diagnostic purposes and is medically necessary or the pelvic examination is authorized pursuant to the implied consent provision in the Maine Health Security Act relating to forensic examinations of unconscious alleged victims of sexual assault.