HB 1104: Health; prohibit certain examinations on an unconscious patient or a patient undergoing anesthesia without prior informed consent or authorization

Under current Georgia law (O.C.G.A. § 31-9-6.1), patients generally must be told about and consent to medical procedures, but the law does not specifically address sensitive examinations performed while a patient is unconscious or under anesthesia. This bill adds a new subsection making clear that a treating physician cannot perform a breast, pelvic, prostate, or rectal exam on such a patient unless the patient (or someone authorized to consent for them) gave informed consent beforehand, the exam is already part of the ordered care, the exam is medically necessary for diagnosis or treatment, or a court has ordered it for evidence collection. The bill also states that once a patient gives informed consent to one of these exams, that consent covers the treating physician and the medical staff supervised by that physician, as well as other medical personnel involved in the patient's care, as long as the patient was told other staff might perform the exam. The bill does not include a stated effective date beyond the standard process, and it repeals any conflicting laws.

• Prohibits performing breast, pelvic, prostate, or rectal exams on unconscious or anesthetized patients without prior informed consent, unless a listed exception applies.
• Creates exceptions allowing such exams without new separate consent if they fall within the already ordered scope of care, are medically necessary, or are court-ordered for evidence collection.
• Clarifies that one instance of informed consent to these exams also legally covers other medical staff involved in the patient's treatment, as long as the patient was informed others might perform the exam.
• Repeals any existing Georgia laws that conflict with these new rules.

The bill affects patients undergoing surgery or medical procedures involving anesthesia or unconsciousness, physicians and other medical personnel who perform breast, pelvic, prostate, or rectal exams, hospitals and other health care facilities, and courts that may order such exams for evidence collection.

Patients undergoing anesthesia would gain a specific legal protection against sensitive physical exams they did not agree to beforehand, addressing a gap where such exams could occur without direct patient knowledge. Medical staff would need to document consent clearly, while still being able to act in medically necessary or court-ordered situations.

• Section 1 amends O.C.G.A. § 31-9-6.1 by adding subsection (i), which bars breast, pelvic, prostate, or rectal exams on unconscious or anesthetized patients without prior informed consent.
• Subsection (i)(1) lists exceptions: the exam is within the already ordered scope of care, it is medically necessary for diagnosis or treatment, or a court has ordered it for evidence collection.
• Subsection (i)(2) states that informed consent given under this provision counts as valid consent for the treating physician and all supervised or otherwise involved medical personnel, provided the patient was told others might conduct the exam.
• Section 2 repeals any conflicting Georgia laws.

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

• Rick Townsend (R, HD-179)Patrocinador principal
• 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)

• patient consent
• medical ethics
• health care law
• hospital regulations
• informed consent