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

25 LC 61 0031 Senate Bill 288 By: Senators Islam Parkes of the 7th, Jones II of the 22nd, Jackson of the 41st, Orrock of the 36th, Esteves of the 35th and others A BILL TO BE ENTITLED AN ACT To amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to1 disclosure of certain information to persons undergoing certain surgical or diagnostic2 procedures, failure to comply, exceptions, and regulations esta blishing standards for3 implementation, so as to prohibit certain examinations on an an esthetized or unconscious4 patient without prior informed consent; to provide that informe d consent shall be deemed5 valid consent for other medical personnel under certain conditi ons; to provide for related6 matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to disclosure of10 certain information to persons undergoing certain surgical or diagnostic procedures, failure11 to comply, exceptions, and regulations establishing standards for implementation, is amended12 by adding a new subsection to read as follows:13 "(i)(1) Except as otherwise provided for in subsection (e) of t his Code section, a14 responsible physician shall not perform a breast, pelvic, prostate, or rectal examination15 on an anesthetized or unconscious patient unless the patient, o r a person authorized to16 S. B. 288 - 1 - 25 LC 61 0031 consent for the patient, gives informed consent prior to such e xamination, the17 performance of such examination is within the scope of care ordered for the patient, and18 such examination is medically necessary for diagnosis or treatment purposes, or a court19 has ordered the performance of any such examination for the pur poses of evidence20 collection.21 (2) An informed consent to a breast, pelvic, prostate, or rect al examination obtained22 pursuant to this subsection shall be deemed to be valid consent for the responsible23 physician and all medical personnel under the direct supervisio n and control of the24 responsible physician and for all other medical personnel other wise involved in the25 course of treatment of the patient's condition, provided that the patient is informed that26 such other medical personnel may perform the examination."27 SECTION 2.28 All laws and parts of laws in conflict with this Act are repealed.29 S. B. 288 - 2 -