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:
<ins>"(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
</ins>
<ins>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."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.