---
title: HB 1104. Health; prohibit certain examinations on an unconscious patient or a patient undergoing anesthesia without prior informed consent or authorization
collection: bills
id: 2025-2026/hb1104
cite_as: HB 1104, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1104
md_url: https://georgiacommons.org/bills/2025-2026/hb1104.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1104/text
source_url: https://www.legis.ga.gov/legislation/72620
date: 2026-02-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1104.md?full=1
bill_number: HB 1104
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-29
last_action: House Second Readers
sponsors:
- Rick Townsend
- Lydia Glaize
- Ron Stephens
- Karen Mathiak
- Michelle Au
- Sharon Cooper
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1104/2025
upstream_id: 2102355
summaries_model: claude-sonnet-5
topic_tags:
- patient consent
- medical ethics
- health care law
- hospital regulations
- informed consent
---
# HB 1104. Health; prohibit certain examinations on an unconscious patient or a patient undergoing anesthesia without prior informed consent or authorization
## Text
House Bill 1104
By: Representatives Townsend of the 179th, Glaize of the 67th, Stephens of the 164th, Mathiak
of the 82nd, Au of the 50th, 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 to
required disclosures and consent for certain procedures, exceptions, and rules and
regulations, so as to prohibit certain examinations on an unconscious patient or a patient
undergoing anesthesia without prior informed consent or authorization; to provide that
informed consent shall be deemed valid consent for all medical personnel under certain
conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to required
disclosures and consent for certain procedures, exceptions and rules, and regulations, is
amended by adding a new subsection to read as follows:
"(i)(1) Except as otherwise provided for in subsection (e) of this Code section, a
responsible physician shall not perform a breast, pelvic, prostate, or rectal examination
on an unconscious patient or a patient undergoing any anesthesia as provided in
subsection (a) of this Code section unless the patient or a person authorized to consent
for the patient gives informed consent prior to such examination, the performance of such
examination is within the scope of care ordered for the patient, such examination is
medically necessary for diagnosis or treatment purposes, or a court has ordered the
performance of any such examination for the purposes of evidence collection.
(2) Informed consent to a breast, pelvic, prostate, or rectal examination obtained pursuant
to this subsection shall be deemed to be valid consent for the responsible physician and
all medical personnel under the direct supervision and control of the responsible
physician and for all other medical personnel otherwise involved in the course of
treatment of the patient's condition, provided that the patient is informed that such other
medical personnel may perform the examination."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would bar doctors from performing breast, pelvic, prostate, or rectal exams on unconscious or anesthetized patients without prior informed consent, except in specific medical or legal circumstances.
### Plain-language summary
Under current Georgia law (O.C.G.A. § 31-9-6.1), patients generally must be told about and consent to medical procedures, but the law does not specifically address sensitive examinations performed while a patient is unconscious or under anesthesia. This bill adds a new subsection making clear that a treating physician cannot perform a breast, pelvic, prostate, or rectal exam on such a patient unless the patient (or someone authorized to consent for them) gave informed consent beforehand, the exam is already part of the ordered care, the exam is medically necessary for diagnosis or treatment, or a court has ordered it for evidence collection.
The bill also states that once a patient gives informed consent to one of these exams, that consent covers the treating physician and the medical staff supervised by that physician, as well as other medical personnel involved in the patient's care, as long as the patient was told other staff might perform the exam. The bill does not include a stated effective date beyond the standard process, and it repeals any conflicting laws.
### What it does
- Prohibits performing breast, pelvic, prostate, or rectal exams on unconscious or anesthetized patients without prior informed consent, unless a listed exception applies.
- Creates exceptions allowing such exams without new separate consent if they fall within the already ordered scope of care, are medically necessary, or are court-ordered for evidence collection.
- Clarifies that one instance of informed consent to these exams also legally covers other medical staff involved in the patient's treatment, as long as the patient was informed others might perform the exam.
- Repeals any existing Georgia laws that conflict with these new rules.
### Who it affects
The bill affects patients undergoing surgery or medical procedures involving anesthesia or unconsciousness, physicians and other medical personnel who perform breast, pelvic, prostate, or rectal exams, hospitals and other health care facilities, and courts that may order such exams for evidence collection.
### Why it matters
Patients undergoing anesthesia would gain a specific legal protection against sensitive physical exams they did not agree to beforehand, addressing a gap where such exams could occur without direct patient knowledge. Medical staff would need to document consent clearly, while still being able to act in medically necessary or court-ordered situations.
### Key provisions
- Section 1 amends O.C.G.A. § 31-9-6.1 by adding subsection (i), which bars breast, pelvic, prostate, or rectal exams on unconscious or anesthetized patients without prior informed consent.
- Subsection (i)(1) lists exceptions: the exam is within the already ordered scope of care, it is medically necessary for diagnosis or treatment, or a court has ordered it for evidence collection.
- Subsection (i)(2) states that informed consent given under this provision counts as valid consent for the treating physician and all supervised or otherwise involved medical personnel, provided the patient was told others might conduct the exam.
- Section 2 repeals any conflicting Georgia laws.
## Status
- Status: Introduced (2026-01-29)
- Last action: House Second Readers (2026-02-03)
- Sponsors: Rick Townsend, Lydia Glaize, Ron Stephens, Karen Mathiak, Michelle Au, Sharon Cooper
- Official page: https://www.legis.ga.gov/legislation/72620
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1104.md?full=1