HOUSE OF REPRESENTATIVES

H.B. NO.

2232

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to health.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that medical students are often asked by their training physicians to perform pelvic examinations for training purposes on anesthetized or unconscious female patients, without first obtaining the patients' informed consent.

     The legislature further finds that the American College of Obstetricians and Gynecologists recommends that pelvic examinations undertaken for teaching purposes should be performed with the specific informed consent of the patient.  The legislature also finds that the American Medical Association recommends discussing medical student involvement with patient procedures whenever possible.

     The purpose of this Act is to require informed consent in certain circumstances before performing pelvic examinations for training purposes on anesthetized or unconscious female patients.

     SECTION 2.  Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§453‑    Pelvic examinations on anesthetized or unconscious female patients.  A physician, osteopathic physician, surgeon, or student participating in a course of instruction, residency program, or clinical training program shall not perform a pelvic examination on an anesthetized or unconscious female patient unless:

     (1)  The patient gives prior informed consent to the pelvic examination;

     (2)  The performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination scheduled to be performed on the patient; or

     (3)  The patient is unconscious and the pelvic examination is required for diagnostic purposes."

     SECTION 3.  New statutory material is underscored.


     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Health; Physicians; Medical School Students; Pelvic Examinations; Informed Consent

 

Description:

Prohibits a physician, osteopathic physician, surgeon, or medical student from performing a pelvic examination on an anesthetized or unconscious female patient unless specific informed consent was obtained, the pelvic examination is within the specified scope of care, or the pelvic examination is required for diagnostic purposes on an unconscious patient.

 

 

 

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