Senate · Introduced · 2025-2026 Regular Session

SB288: SB288 Disclosure of Certain Information; certain examinations on an anesthetized or unconscious patient without prior informed consent; prohibit

Last action February 27, 2025 · Senate Read and Referred

A Georgia Senate bill would ban doctors from performing breast, pelvic, prostate, or rectal exams on anesthetized or unconscious patients without prior informed consent, with limited exceptions.

In plain language

Georgia law already requires disclosure of certain information before some surgical or diagnostic procedures under O.C.G.A. § 31-9-6.1. This bill adds a new rule specifically about sensitive physical exams performed while a patient is anesthetized or unconscious, such as during an unrelated surgery. Under the bill, a treating physician could not perform a breast, pelvic, prostate, or rectal exam on such a patient unless the patient (or someone legally authorized to decide for them) gave informed consent beforehand, the exam is part of the patient's ordered care and medically necessary, or a court has ordered the exam to collect evidence. The bill also says that once informed consent is given, it counts as valid consent for other medical staff involved in the patient's care, as long as the patient is told other staff may also perform the exam. The bill repeals any conflicting laws.

What the bill does

Bars a treating physician from performing a breast, pelvic, prostate, or rectal exam on an anesthetized or unconscious patient without informed consent obtained beforehand.
Allows such exams without new individual consent only if they are medically necessary, ordered as part of the patient's care, or ordered by a court for evidence collection.
States that one informed consent covers the treating physician and all supervised staff, plus other medical personnel involved in treatment, if the patient is told others may perform the exam.
Amends O.C.G.A. § 31-9-6.1, which already governs disclosure requirements before certain surgical or diagnostic procedures, by adding this new subsection.
Repeals any existing Georgia laws that conflict with this new rule.

Who it affects

The bill affects patients undergoing surgery or medical procedures while anesthetized or unconscious, the physicians who treat them, and other medical personnel such as nurses, residents, or students who may be involved in a patient's care and could perform these exams.

Why it matters

Patients undergoing procedures while unconscious would gain a specific legal protection against sensitive exams they did not agree to in advance, addressing concerns about exams performed on anesthetized patients for training or other purposes without their direct knowledge or separate consent.

Key provisions

Section 1 adds subsection (i) to O.C.G.A. § 31-9-6.1, prohibiting breast, pelvic, prostate, or rectal exams on anesthetized or unconscious patients without prior informed consent.
The prohibition does not apply if an exception in existing subsection (e) applies, if the exam is medically necessary and within the ordered scope of care, or if a court orders the exam for evidence collection.
A single informed consent is treated as valid for the responsible physician, supervised staff, and other involved medical personnel, provided the patient is told others may perform the exam.
Section 2 repeals any conflicting Georgia laws.

Status timeline

2025-02-27Senate Read and Referred (Senate)
2025-02-26Senate Hopper (Senate)

Topics

patient consent
medical ethics
hospital regulations
women's health
medical licensing