Florida Senate - 2020                                    SB 1470
       
       
        
       By Senator Book
       
       
       
       
       
       32-00942A-20                                          20201470__
    1                        A bill to be entitled                      
    2         An act relating to informed consent for pelvic
    3         examinations; creating s. 456.51, F.S.; defining the
    4         terms “health care provider” and “pelvic examination”;
    5         specifying circumstances under which a health care
    6         provider may perform a pelvic examination on an
    7         anesthetized or unconscious patient; specifying
    8         procedures for obtaining consent for a pelvic
    9         examination; providing that a patient may revoke or
   10         amend consent verbally or in writing within a
   11         specified timeframe; prohibiting a student or resident
   12         from observing or performing a pelvic examination on a
   13         patient without the patient’s consent; requiring a
   14         health care provider to notify the patient of certain
   15         information before the patient is anesthetized and
   16         rendered unconscious; providing for disciplinary
   17         action against a health care provider who fails to
   18         comply with certain provisions; providing an effective
   19         date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 456.51, Florida Statutes, is created to
   24  read:
   25         456.51 Health care providers; consent for pelvic
   26  examinations.—
   27         (1)As used in this section, the term:
   28         (a)“Health care provider” means a health care practitioner
   29  as defined in s. 456.001 or a paramedic or an emergency medical
   30  technician certified under part III of chapter 401.
   31         (b)“Pelvic examination” means a medical examination that
   32  requires contact with the patient’s sexual organs.
   33         (2)A health care provider may not perform a pelvic
   34  examination on an anesthetized or unconscious patient unless:
   35         (a)The health care provider obtains consent from the
   36  patient or the patient’s representative in accordance with
   37  subsection (3);
   38         (b)A court orders performance of the pelvic examination
   39  for the collection of evidence;
   40         (c)The performance of the pelvic examination is within the
   41  scope of care for a procedure or diagnostic examination
   42  scheduled to be performed on the patient; or
   43         (d)The pelvic examination is immediately necessary for
   44  diagnosis and treatment of the patient.
   45         (3)To obtain consent to perform a pelvic examination on an
   46  anesthetized or unconscious patient, the health care provider
   47  must do all of the following before the patient is anesthetized
   48  or rendered unconscious:
   49         (a)Provide the patient or the patient’s representative
   50  with a written or electronic document that:
   51         1.Is provided separately from any other notice or
   52  agreement.
   53         2.Contains a heading at the top of the document in at
   54  least 18-point bold type which states the following: “CONSENT
   55  FOR EXAMINATION OF PELVIC REGION”.
   56         3.Specifies the nature and purpose of the pelvic
   57  examination.
   58         4.Lists the name and title of one or more health care
   59  providers whom the patient or the patient’s representative may
   60  authorize to perform the pelvic examination.
   61         5.States whether there may be a student or resident who
   62  the patient or the patient’s representative authorizes to
   63  perform an additional pelvic examination or observe or otherwise
   64  be present at the pelvic examination, either in person or
   65  through electronic means, for educational or training purposes.
   66         6.Provides the patient or the patient’s representative
   67  with a series of check boxes that allow the patient or the
   68  patient’s representative to:
   69         a.Consent to the pelvic examination for diagnosis or
   70  treatment and to the presence of, or an additional examination
   71  performed by, a student or resident for educational or training
   72  purposes;
   73         b.Consent to the pelvic examination only for diagnosis or
   74  treatment and refuse to consent to the presence of, or an
   75  additional examination performed by, a student or resident for
   76  educational or training purposes; or
   77         c.Refuse to consent to the pelvic examination.
   78         (b)Obtain the signature of the patient or the patient’s
   79  representative on the written or electronic document while
   80  witnessed by a third party.
   81         (c)Sign the written or electronic document.
   82         (4)A patient may revoke or amend his or her consent,
   83  verbally or in writing, at any time before being anesthetized or
   84  rendered unconscious.
   85         (5)A student or resident may not observe or perform a
   86  pelvic examination on a patient unless the patient has executed
   87  a consent form in accordance with subsection (3) authorizing the
   88  student or resident to do so.
   89         (6)If a patient consents to have a student or resident
   90  observe or perform a pelvic examination on the patient, before
   91  the patient is anesthetized and rendered unconscious, the health
   92  care provider must notify the patient of the name of each
   93  student or resident who will be observing or performing a pelvic
   94  examination on the patient and inform the patient of the right
   95  to amend or revoke his or her consent.
   96         (7)A health care provider who fails to comply with this
   97  section is subject to discipline by the applicable board, or the
   98  department if there is no board.
   99         Section 2. This act shall take effect July 1, 2020.