191.240. Patient examinations, limitation on performance of, when — notice — violation, sanction of license.
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/mo/chapter-191/191-240A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
191.240. Patient examinations, limitation on performance of, when — notice — violation, sanction of license. — 1. For purposes of this section, the following terms mean:
(1)"Health care provider" , the same meaning given to the term in section 191.900 ;
(2)"Patient examination" , a prostate, anal, or pelvic examination.
2. A health care provider, or any student or trainee under the supervision of a health care provider, shall not knowingly perform a patient examination upon an anesthetized or unconscious patient in a health care facility unless:
(1)The patient or a person authorized to make health care decisions for the patient has given specific informed consent to the patient examination for nonmedical purposes;
(2)The patient examination is necessary for diagnostic or treatment purposes;
(3)The collection of evidence through a forensic examination, as defined in and under subsection 8 of section 595.220 , for a suspected sexual assault on the anesthetized or unconscious patient is necessary because the evidence will be lost or because the patient is unable to give informed consent due to a medical condition; or
(4)Circumstances are present that and which imply consent, as described in section 431.063 .
3. A health care provider shall notify a patient of any patient examination performed under subdivisions
(2)to
(4)of subsection 2 of this section if the patient is unable to give verbal or written consent.
4. A health care provider who violates the provisions of this section, or who supervises a student or trainee who violates the provisions of this section, shall be subject to discipline by any licensing board that licenses the health care provider.
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(L. 2023 H.B. 402 merged with S.B. 45 & 90 merged with S.B. 106)