Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                             Office of Research                              Legislative Budget
www.lsc.ohio.gov                               and Drafting                                        Office
                              H.B. 89                              Bill Analysis
                      135th General Assembly
                                                                    Click here for H.B. 89’s Fiscal Note
    Version: As Passed by the House
    Primary Sponsors: Reps. Hillyer and Abdullahi
    Effective date:
    Meredith Bray, Attorney
                                                         SUMMARY
                      ▪ Prohibits registered nurses, advanced practice registered nurses, physician assistants,
                         physicians, medical residents, or students from performing an intimate examination on
                         an anesthetized or unconscious patient except under limited circumstances.
                      ▪ Authorizes the appropriate licensing board to take disciplinary action if the provider
                         violates the prohibition on intimate examinations.
                                               DETAILED ANALYSIS
Intimate examinations
       The bill prohibits a registered nurse (RN), an advanced practice registered nurse (APRN),
physician assistant (PA), physician, medical resident, or student actively pursuing education to
become an RN, APRN, PA, or physician from performing, or authorizing another to perform, an
intimate examination on an anesthetized or unconscious patient.1 Intimate examination is
defined as a pelvic, prostate, or rectal examination.2
       The bill permits an intimate examination on an anesthetized or unconscious patient in
only the following circumstances:
                      1. The intimate examination is within the scope of care for the surgical procedure or
                         diagnostic examination being performed;
                      2. The patient or the patient’s legal representative gives specific, informed consent for the
                         intimate examination; or
1     R.C. 4723.93(B), 4730.57(B), and 4731.77(B).
2     R.C. 4723.93(A), 4730.57(A), and 4731.77(A).
                                                                                                           December 5, 2024
Office of Research and Drafting                     LSC                         Legislative Budget Office
      3. The intimate examination is required for diagnostic purposes or treatment.3
Informed consent
      To obtain informed consent to perform an intimate examination on an anesthetized or
unconscious patient as authorized by the bill, the provider must do the following:
      1. Provide the patient or their legal representative with an informed consent form;
      2. Provide the patient or their legal representative with a meaningful opportunity to ask
         questions about the intimate examination;
      3. Obtain the signature of the patient or their legal representative on the informed consent
         form;
      4. Sign the informed consent form;4
      5. If an RN or APRN, the intimate examination must be conducted by a sexual assault nurse
         examiner for the purpose of collecting evidence and documenting injuries.5
       The informed consent form may be written or electronic and must: (1) be a separate
consent form or a distinct or separate section of a general consent form, (2) contain a heading at
the top of the form or section “CONSENT FOR INTIMATE EXAMINATION,” (3) specify the nature
and purpose of the intimate examination, (4) inform the patient that students may be present if
the patient or their legal representative authorizes, (5) allows the patient or legal representative
the opportunity to consent to or refuse the intimate examination, and (6) provide opportunity to
consent to or refuse a student performing or observing the examination.6
Enforcement
       The bill authorizes the appropriate licensing board to take disciplinary action against a
provider for violating the provisions prohibiting intimate examinations on unconscious or
anesthetized patients. Disciplinary action may include: limiting, revoking, or suspending a license
to practice; refusing to issue, renew, or reinstate a license; or reprimanding or placing on
probation the license holder.7
3   R.C. 4723.93(C), 4730.57(C), and 4731.77(C).
4   R.C. 4723.93(D), 4730.57(D), and 4731.77(D).
5 R.C. 4723.93(D)(5); LSC staff had no opportunity to harmonize amendments that were adopted in
committee; as a result, R.C. 4723.93(D)(5) appears out of order. It should appear in division (C) as a
permissible reason for an intimate examination on an anesthetized or unconscious patient under
“Intimate examinations” above. A corrective amendment is needed to address this issue.
6   R.C. 4723.93(D)(1), 4730.57(D)(1), and 4731.77(D)(1).
7   R.C. 4723.28, 4730.25, and 4731.22.
P a g e |2                                                                                      H.B. 89
                                                                                 As Passed by the House
Office of Research and Drafting         LSC                  Legislative Budget Office
                                      HISTORY
                             Action                        Date
 Introduced                                     03-07-23
 Reported, H. Public Health Policy              11-26-24
 Passed House (87-0)                            12-04-24
ANHB0089PH-135/ts
P a g e |3                                                                   H.B. 89
                                                              As Passed by the House
Statutes affected: 
As Introduced: 4723.28, 4730.25, 4731.22