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:
<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 anesthetized or unconscious patient unless the patient, or a person authorized to
</ins>
<ins>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."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.