HB1104: HB1104 Health; prohibit certain examinations on an unconscious patient or a patient undergoing anesthesia without prior informed consent or authorization

Current Georgia law (O.C.G.A. § 31-9-6.1) already sets rules for disclosures and consent before certain medical procedures. This bill adds a new provision aimed specifically at sensitive physical exams performed while a patient is unconscious or under anesthesia. 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 consent for them) gave informed consent beforehand, the exam falls within the already-ordered scope of care, the exam is medically necessary for diagnosis or treatment, or a court has ordered it for evidence collection. Once informed consent is given, it counts as valid consent for the treating physician, staff under that physician's direct supervision, and other medical personnel involved in the patient's care, as long as the patient is told other staff may also perform the exam.

• Prohibits a treating physician from performing a breast, pelvic, prostate, or rectal exam on an unconscious or anesthetized patient without prior informed consent, unless a listed exception applies.
• Lists exceptions allowing the exam without separate new consent: it is already part of the ordered scope of care, it is medically necessary for diagnosis or treatment, or a court ordered it for evidence collection.
• Clarifies that one instance of informed consent to such an exam covers the treating physician and staff directly supervised by that physician.
• Extends that same consent to other medical personnel involved in the patient's treatment, provided the patient was told other staff might perform the exam.
• Repeals any existing state laws that conflict with this new rule.

Patients undergoing surgery or procedures requiring anesthesia, physicians and other medical personnel who perform breast, pelvic, prostate, or rectal exams, hospitals and surgical facilities that set consent procedures, and courts that may order such exams for evidence collection.

Patients who are unconscious or under anesthesia cannot object in the moment to sensitive physical exams. This bill would require doctors to get consent in advance for these specific exams, giving patients more control over who examines their bodies during medical procedures, except in medically necessary or court-ordered situations.

• Section 1 amends O.C.G.A. § 31-9-6.1 by adding subsection (i), creating a new consent requirement specifically for breast, pelvic, prostate, and rectal exams on unconscious or anesthetized patients.
• The requirement does not apply if the exam is within the already-ordered scope of care, is medically necessary, or is court-ordered for evidence collection.
• Consent obtained under this subsection is deemed valid for the treating physician, supervised staff, and other involved medical personnel, as long as the patient was informed others may perform the exam.
• Section 2 repeals any conflicting state laws.

1. 2026-02-03House Second Readers (House)
2. 2026-02-02House First Readers (House)
3. 2026-01-29House Hopper (House)

• Rick Townsend (R, HD-179)Primary sponsor
• Lydia Glaize (D, HD-067)
• Ron Stephens (R, HD-164)
• Karen Mathiak (R, HD-082)
• Michelle Au (D, HD-050)
• Sharon Cooper (R, HD-045)

• informed consent
• patient rights
• medical ethics
• hospital regulations
• anesthesia