58-1-509. Patient consent for certain medical examinations.
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Effective 7/1/2024
58-1-509. Patient consent for certain medical examinations.
(1)As used in this section:
(a)"Health care provider" means:
(i)an individual who is:
(A)a healthcare provider as defined in Section 78B-3-403 ; and
(B)licensed under this title;
(ii)emergency medical service personnel as defined in Section 53-2d-101 ; or
(iii)an individual described in Subsection 58-1-307(1)(b) or
(c).
(b)"Patient examination" means a medical examination that requires contact with the patient's sexual organs.
(2)A health care provider may not perform a patient examination on an anesthetized or unconscious patient unless:
(a)the health care provider obtains consent from the patient or the patient's representative in accordance with Subsection
(3);
(b)a court orders performance of the patient examination for the collection of evidence;
(c)the performance of the patient examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(d)the patient examination is immediately necessary for diagnosis or treatment of the patient.
(3)To obtain consent to perform a patient examination on an anesthetized or unconscious patient, before performing the patient examination, the health care provider shall:
(a)provide the patient or the patient's representative with a written or electronic document that:
(i)is provided separately from any other notice or agreement;
(ii)contains the following heading at the top of the document in not smaller than 18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
(iii)specifies the nature and purpose of the patient examination;
(iv)names one or more primary health care providers whom the patient or the patient's representative may authorize to perform the patient examination;
(v)states whether there may be a student or resident that the patient or the patient's representative authorizes to:
(A)perform an additional patient examination; or
(B)observe or otherwise be present at the patient examination, either in person or through electronic means; and
(vi)provides the patient or the patient's representative with a series of check boxes that allow the patient or the patient's representative to:
(A)consent to the patient examination for diagnosis or treatment and an additional patient examination performed by a student or resident for an educational or training purpose;
(B)consent to the patient examination only for diagnosis or treatment; or
(C)refuse to consent to the patient examination;
(b)obtain the signature of the patient or the patient's representative on the written or electronic document while witnessed by a third party; and
(c)sign the written or electronic document.
Amended by Chapter 310 , 2023 General Session
Amended by Chapter 328 , 2023 General Session