Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 716
       
       
       
       
       
       
                                Ì1905747Î190574                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2021           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Book) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 456.51, Florida Statutes, is amended to
    6  read:
    7         456.51 Consent for pelvic examinations.—
    8         (1) As used in this section, the term “pelvic examination”
    9  means a manual the series of tasks that comprise an examination
   10  of the organs of the female reproductive system using vagina,
   11  cervix, uterus, fallopian tubes, ovaries, rectum, or external
   12  pelvic tissue or organs using any combination of modalities,
   13  which may include, but need not be limited to, the health care
   14  provider’s gloved hand or instrumentation. The term does not
   15  include a visual assessment, imaging, or a nondiagnostic medical
   16  or surgical procedure.
   17         (2) A health care practitioner, a medical student, or any
   18  other student receiving training as a health care practitioner
   19  may not perform a pelvic examination on an anesthetized or
   20  unconscious a patient without the written consent of the patient
   21  or the patient’s legal representative executed specific to, and
   22  expressly identifying, the pelvic examination. If the patient is
   23  conscious, informed verbal consent must be obtained for the
   24  pelvic examination in addition to any written consent obtained.
   25  Consent is not required if, unless:
   26         (a) A court orders performance of the pelvic examination
   27  for the collection of evidence; or
   28         (b) The pelvic examination is immediately necessary for the
   29  provision of emergency services and care as defined in s.
   30  395.002;
   31         (c) The patient has an emergency medical condition as
   32  defined in s. 395.002;
   33         (d) The pelvic examination is administered pursuant to a
   34  child protective investigation under chapter 39; or
   35         (e) The pelvic examination is administered pursuant to a
   36  criminal investigation of an alleged violation related to child
   37  abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g),
   38  chapter 794, chapter 796, chapter 800, chapter 827, or chapter
   39  847 to avert a serious risk of imminent substantial and
   40  irreversible physical impairment of a major bodily function of
   41  the patient.
   42         (3) A health care practitioner, a medical student, or any
   43  other student receiving training as a health care practitioner
   44  who is providing care to a pregnant woman having contractions in
   45  a facility licensed under chapter 395 need only obtain written
   46  consent from the patient to perform the initial pelvic
   47  examination. The written consent form must inform the patient
   48  that multiple pelvic examinations may be conducted during the
   49  course of her care and treatment at the facility.
   50         Section 2. This act shall take effect July 1, 2021.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete everything before the enacting clause
   55  and insert:
   56                        A bill to be entitled                      
   57         An act relating to consent for pelvic examinations;
   58         amending s. 456.51, F.S.; revising the definition of
   59         the term “pelvic examination”; revising the
   60         circumstances under which a pelvic examination may be
   61         performed without consent; providing that certain
   62         health care practitioners and students need only
   63         obtain written consent for the initial pelvic
   64         examination for certain patients under certain
   65         circumstances; requiring such written consent form to
   66         inform the patient that multiple pelvic examinations
   67         may be conducted during the course of care and
   68         treatment; providing an effective date.