Florida Senate - 2021 SB 716

By Senator Book

32-00225A-21 2021716__
1 A bill to be entitled
2 An act relating to consent for pelvic examinations;
3 amending s. 456.51, F.S.; revising the definition of
4 the term “pelvic examination”; revising the
5 circumstances under which a pelvic examination may be
6 performed without written consent; authorizing written
7 consent for a pelvic examination to be obtained as a
8 part of a general consent form and to allow multiple
9 health care practitioners or students to perform the
10 examination; providing an effective date.
12 Be It Enacted by the Legislature of the State of Florida:
14 Section 1. Section 456.51, Florida Statutes, is amended to
15 read:
16 456.51 Consent for pelvic examinations.—
17 (1) As used in this section, the term “pelvic examination”
18 means the series of tasks that comprise an examination of the
19 organs of the female internal reproductive system vagina,
20 cervix, uterus, fallopian tubes, ovaries, rectum, or external
21 pelvic tissue or organs using any combination of modalities,
22 which may include, but need not be limited to, the health care
23 provider’s gloved hand or instrumentation.
24 (2) A health care practitioner, a medical student, or any
25 other student receiving training as a health care practitioner
26 may not perform a pelvic examination on an anesthetized or
27 unconscious a patient without the written consent of the patient
28 or the patient’s legal representative executed specific to, and
29 expressly identifying, the pelvic examination, unless:
30 (a) A court orders performance of the pelvic examination
31 for the collection of evidence; or
32 (b) The pelvic examination is immediately necessary for the
33 provision of emergency services and care as defined in s.
34 395.002 to avert a serious risk of imminent substantial and
35 irreversible physical impairment of a major bodily function of
36 the patient; or
37 (c) The pelvic examination is indicated in the standard of
38 care for a procedure to which the patient or the patient’s legal
39 representative has consented.
40 (3) Written consent for a pelvic examination may be
41 obtained as part of a general consent form if it is included as
42 its own provision. One written consent form may be used to
43 authorize multiple health care practitioners or students to
44 perform a pelvic examination.
45 Section 2. This act shall take effect July 1, 2021.

Statutes affected:
S 716 Filed: 456.51