33-LS1202\B
HOUSE BILL NO. 248
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE JOSEPHSON
Introduced: 1/16/24
Referred: Judiciary, Health and Social Services
A BILL
FOR AN ACT ENTITLED
1 "An Act establishing liability for failure to obtain consent for a pelvic examination."
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
3 * Section 1. AS 09.55 is amended by adding a new section to read:
4 Sec. 09.55.557. Failure to obtain consent for a pelvic examination. A health
5 care provider or student receiving instruction or participating in clinical training or a
6 residency program to be a health care provider is liable for failure to obtain consent for
7 a pelvic examination if the provider or student performs a pelvic examination on an
8 anesthetized or unconscious patient, unless
9 (1) the patient or patient's representative consented to the examination
10 after receiving a consent form separate from any other document, with the following
11 language printed at the top of the document in not smaller than 20-point bold face
12 type: "CONSENT FOR EXAMINATION OF THE PELVIC REGION"; and
13 (2) the health care provider performing the pelvic examination or, if
14 performed by a student, the student performing the pelvic examination and the person
15 supervising the student have personal knowledge that the patient or patient's
HB0248a -1- HB 248
New Text Underlined [DELETED TEXT BRACKETED]
 33-LS1202\B
1 representative consented to the pelvic examination.
2 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to
3 read:
4 APPLICABILITY. AS 09.55.557, enacted by sec. 1 of this Act, applies to pelvic
5 examinations performed on or after the effective date of this Act.
HB 248 -2- HB0248a
New Text Underlined [DELETED TEXT BRACKETED]


Statutes affected:
HB0248A, AM HB 248, introduced 01/08/2024: