---
title: SB 288. Disclosure of Certain Information; certain examinations on an anesthetized or unconscious patient without prior informed consent; prohibit
collection: bills
id: 2025-2026/sb288
cite_as: SB 288, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb288
md_url: https://georgiacommons.org/bills/2025-2026/sb288.md
text_url: https://georgiacommons.org/bills/2025-2026/sb288/text
source_url: https://www.legis.ga.gov/legislation/70910
date: 2025-02-27
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: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb288.md?full=1
bill_number: SB 288
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-26
last_action: Senate Read and Referred
sponsors:
- Nabilah Islam Parkes
- Harold Jones
- Kim Jackson
- Nan Orrock
- Jason Esteves
- Sonya Halpern
- Sally Harrell
- Kenya Wicks
- Elena Parent
- Nikki Merritt
- Emanuel Jones
- Josh McLaurin
- Donzella James
- Kay Kirkpatrick
- Sheikh Rahman
- David Lucas
- Randal Mangham
- RaShaun Kemp
- Derek Mallow
- Ed Harbison
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB288/2025
upstream_id: 1986140
summaries_model: claude-sonnet-5
topic_tags:
- patient consent
- medical ethics
- hospital regulations
- women's health
- medical licensing
---
# SB 288. Disclosure of Certain Information; certain examinations on an anesthetized or unconscious patient without prior informed consent; prohibit
## Text
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 to
disclosure of certain information to persons undergoing certain surgical or diagnostic
procedures, failure to comply, exceptions, and regulations establishing standards for
implementation, so as to prohibit certain examinations on an anesthetized or unconscious
patient without prior informed consent; to provide that informed consent shall be deemed
valid consent for other 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 disclosure of
certain information to persons undergoing certain surgical or diagnostic procedures, failure
to comply, exceptions, and regulations establishing standards for implementation, 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 anesthetized or unconscious patient 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, and
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) An 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 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.
### Plain-language summary
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 it 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
- Status: Introduced (2025-02-26)
- Last action: Senate Read and Referred (2025-02-27)
- Sponsors: Nabilah Islam Parkes, Harold Jones, Kim Jackson, Nan Orrock, Jason Esteves, Sonya Halpern, Sally Harrell, Kenya Wicks, Elena Parent, Nikki Merritt, Emanuel Jones, Josh McLaurin, Donzella James, Kay Kirkpatrick, Sheikh Rahman, David Lucas, Randal Mangham, RaShaun Kemp, Derek Mallow, Ed Harbison
- Official page: https://www.legis.ga.gov/legislation/70910
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb288.md?full=1