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.