67th Legislature SB 250.1
1 SENATE BILL NO. 250
2 INTRODUCED BY J. COHENOUR
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROHIBITING PERFORMANCE OF SENSITIVE MEDICAL
5 EXAMINATIONS WITHOUT OBTAINING INFORMED CONSENT; PROVIDING EXCEPTIONS; AND
6 PROVIDING PENALTIES.”
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8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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10 NEW SECTION. Section 1. Performance of sensitive medical examinations -- informed consent
11 required. (1) A physician licensed under this chapter may not knowingly perform or supervise the performance
12 of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious
13 unless:
14 (a) the patient or a person authorized to make health care decisions for the patient has provided
15 specific informed consent to the examination;
16 (b) the examination is within the scope of care for a procedure or diagnostic examination scheduled to
17 be performed on the patient; or
18 (c) an emergency exists, it is impracticable to obtain consent, and the examination is necessary for
19 diagnostic or treatment purposes.
20 (2) Violation of subsection (1) constitutes unprofessional conduct.
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22 NEW SECTION. Section 2. Performance of sensitive medical examinations -- informed consent
23 required. (1) An advanced practice registered nurse licensed under this chapter may not knowingly perform or
24 supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is
25 anesthetized or unconscious unless:
26 (a) the patient or a person authorized to make health care decisions for the patient has provided
27 specific informed consent to the examination;
28 (b) the examination is within the scope of care for a procedure or diagnostic examination scheduled to
-1- Authorized Print Version – SB 250
67th Legislature SB 250.1
1 be performed on the patient; or
2 (c) an emergency exists, it is impracticable to obtain consent, and the examination is necessary for
3 diagnostic or treatment purposes.
4 (2) Violation of subsection (1) is punishable pursuant to 37-8-443.
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6 NEW SECTION. Section 3. Codification instruction. (1) [Section 1] is intended to be codified as an
7 integral part of Title 37, chapter 3, part 3, and the provisions of Title 37, chapter 3, part 3, apply to [section 1].
8 (2) [Section 2] is intended to be codified as an integral part of Title 37, chapter 8, part 4, and the
9 provisions of Title 37, chapter 8, part 4, apply to [section 2].
10 - END -
-2- Authorized Print Version – SB 250