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

26 LC 46 1321 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 to1 required disclosures and consent for certain procedures, except ions, and rules and2 regulations, so as to prohibit certain examinations on an uncon scious patient or a patient3 undergoing anesthesia without prior informed consent or authori zation; to provide that4 informed consent shall be deemed valid consent for all medical personnel under certain5 conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Code Section 31-9-6.1 of the Official Code of Georgia Annotated , relating to required9 disclosures and consent for certain procedures, exceptions and rules, and regulations, is10 amended by adding a new subsection to read as follows:11 "(i)(1) Except as otherwise provided for in subsection (e) of t his Code section, a12 responsible physician shall not perform a breast, pelvic, prostate, or rectal examination13 on an unconscious patient or a patient undergoing any anesthesi a as provided in14 subsection (a) of this Code section unless the patient or a per son authorized to consent15 for the patient gives informed consent prior to such examination, the performance of such16 H. B. 1104 - 1 - 26 LC 46 1321 examination is within the scope of care ordered for the patient , such examination is17 medically necessary for diagnosis or treatment purposes, or a c ourt has ordered the18 performance of any such examination for the purposes of evidence collection.19 (2) Informed consent to a breast, pelvic, prostate, or rectal examination obtained pursuant20 to this subsection shall be deemed to be valid consent for the responsible physician and21 all medical personnel under the direct supervision and control of the responsible22 physician and for all other medical personnel otherwise involve d in the course of23 treatment of the patient's condition, provided that the patient is informed that such other24 medical personnel may perform the examination."25 SECTION 2.26 All laws and parts of laws in conflict with this Act are repealed.27 H. B. 1104 - 2 -