SB 288: Disclosure of Certain Information; certain examinations on an anesthetized or unconscious patient without prior informed consent; prohibit

Georgia law currently requires certain disclosures to patients before surgical or diagnostic procedures, but does not specifically address intimate examinations performed while a patient is unconscious or under anesthesia. This bill amends that law (O.C.G.A. § 31-9-6.1) to add a new rule covering breast, pelvic, prostate, and rectal exams performed on anesthetized or unconscious patients. Under the bill, a treating physician could not perform such an exam unless the patient (or someone legally authorized to consent 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 for evidence collection, such as in a sexual assault investigation. The bill also clarifies that once informed consent is given, it covers the treating physician and other medical staff involved in the patient's care, as long as the patient was told other staff might perform the exam.

• Bars a treating physician from performing a breast, pelvic, prostate, or rectal exam on an anesthetized or unconscious patient without prior informed consent, except in specific circumstances.
• Allows the exam without new consent if it is medically necessary, part of the patient's already-ordered care, or ordered by a court for evidence collection.
• Specifies that one informed consent covers the treating physician and other staff under that physician's supervision, plus other medical personnel involved in the patient's treatment.
• Requires that patients be told other medical personnel besides the treating physician may also perform the exam for that consent to extend to them.

Patients undergoing surgery or medical procedures while anesthetized or unconscious, physicians and medical staff performing breast, pelvic, prostate, or rectal exams, hospitals and surgical facilities, and courts that may order such exams for evidence collection in criminal cases.

The bill would close a gap in Georgia law by requiring patients' explicit advance consent for sensitive exams performed while they cannot respond, addressing concerns about exams conducted without a patient's knowledge, while still allowing exams needed for medical care or court-ordered evidence gathering.

• Section 1 adds new 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 the exam is within the patient's ordered scope of care and medically necessary, or if a court has ordered it for evidence collection.
• Consent obtained under this subsection extends to the treating physician, staff under that physician's direct supervision, and other medical personnel involved in the patient's treatment, if the patient was informed of this.
• Section 2 repeals any conflicting laws.

1. 2025-02-27Senate Read and Referred (Senado)
2. 2025-02-26Senate Hopper (Senado)

• Nabilah Islam Parkes (D, SD-007)Patrocinador principal
• Harold Jones (D, SD-022)
• Kim Jackson (D, SD-041)
• Nan Orrock (D, SD-036)
• Jason Esteves (D, SD-035)
• Sonya Halpern (D, SD-039)
• Sally Harrell (D, SD-040)
• Kenya Wicks (D, SD-034)
• Elena Parent (D, SD-044)
• Nikki Merritt (D, SD-009)
• Emanuel Jones (D, SD-010)
• Josh McLaurin (D, SD-014)
• Donzella James (D, SD-028)
• Kay Kirkpatrick (R, SD-032)
• Sheikh Rahman (D, SD-005)
• David Lucas (D, SD-026)
• Randal Mangham (D, SD-055)
• RaShaun Kemp (D, SD-038)
• Derek Mallow (D, SD-002)
• Ed Harbison (D, SD-015)

• patient consent
• medical ethics
• healthcare law
• hospital regulations
• informed consent