This bill aims to amend the Code of West Virginia by introducing a new section, 30-3-21, which prohibits medical practitioners from performing pelvic, prostate, rectal, and breast examinations on anesthetized or unconscious patients unless certain conditions are met. These conditions include obtaining prior written informed consent from the patient or their representative, ensuring the examination is part of a surgical procedure or diagnostic examination for which consent has been given, addressing a medical emergency that necessitates the examination, or if a court has ordered the examination for evidence collection.

Violations of this new provision would result in severe penalties, including being classified as sexual assault in the second degree, potential suspension of medical licenses for a minimum of five years, and fines ranging from $1,000 to $10,000, which would be directed to the West Virginia Foundation for Rape Information and Services. The bill emphasizes the importance of consent and accountability in medical practices involving vulnerable patients and is set to take effect upon passage.

Statutes affected:
Introduced Version: 30-3-21