38-5001. Informed consent for intimate examination; legislative findings and declarations; prior written consent; required, when; disciplinary action.

262 words·~1 min read·/ne/chapter-38/38-5001

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of this section, intimate examination means the manual examination of a patient's breast or an internal pelvic, prostate, or rectal examination but does not include a visual examination of a patient's breast or any body part associated with an internal pelvic, prostate, or rectal examination.

(2)The Legislature finds and declares that:

(a)The ethical principle of informed consent in medical practice is critical to the trust a patient places in a health care provider;

(b)A patient has the rational expectation to have control over the patient's medical decisions; and

(c)The parts of the body subject to an intimate examination are protected under state law and deserve similar protection in medical practice.

(3)A health care provider licensed under the Uniform Credentialing Act shall not perform an intimate examination on a patient who is anesthetized or unconscious in a health care facility as defined in section 71-413 without prior written consent unless:

(a)An individual authorized to make health care decisions for the patient has given written consent for the examination;

(b)The examination is necessary for emergency diagnostic or emergency treatment purposes; or

(c)A court orders the performance of the examination for the collection of evidence.

(4)If an intimate examination is performed on an unconscious or anesthetized patient pursuant to subsection

(3)of this section, the patient shall be notified in writing prior to discharge of such patient from the health care facility.

(5)A health care provider who violates subsection

(3)of this section is subject to discipline under the Uniform Credentialing Act.