37-2-306. Performance of sensitive medical examinations -- informed consent required.
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37-2-306 . Performance of sensitive medical examinations -- informed consent required.
(1)A person licensed or certified under this title to provide health care may not knowingly perform or supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious unless:
(a)the patient or a person authorized to make health care decisions for the patient has provided specific informed consent to the examination;
(b)the examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(c)an emergency exists, it is impracticable to obtain consent, and the examination is necessary for diagnostic or treatment purposes.
(2)Violation of subsection
(1)constitutes unprofessional conduct.