2021 Legislature                            CS for CS for SB 716
    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 consent; providing that certain
    7         health care practitioners and students need only
    8         obtain written consent for the initial pelvic
    9         examination for certain patients under certain
   10         circumstances; requiring such written consent form to
   11         inform the patient that multiple pelvic examinations
   12         may be conducted during the course of care and
   13         treatment; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 456.51, Florida Statutes, is amended to
   18  read:
   19         456.51 Consent for pelvic examinations.—
   20         (1) As used in this section, the term “pelvic examination”
   21  means a manual the series of tasks that comprise an examination
   22  of the organs of the female reproductive system using vagina,
   23  cervix, uterus, fallopian tubes, ovaries, rectum, or external
   24  pelvic tissue or organs using any combination of modalities,
   25  which may include, but need not be limited to, the health care
   26  provider’s gloved hand or instrumentation. The term does not
   27  include a visual assessment, imaging, or a nondiagnostic medical
   28  or surgical procedure.
   29         (2) A health care practitioner, a medical student, or any
   30  other student receiving training as a health care practitioner
   31  may not perform a pelvic examination on an anesthetized or
   32  unconscious a patient without the written consent of the patient
   33  or the patient’s legal representative executed specific to, and
   34  expressly identifying, the pelvic examination. If the patient is
   35  conscious, informed verbal consent must be obtained for the
   36  pelvic examination in addition to any written consent obtained.
   37  Consent is not required if, unless:
   38         (a) A court orders performance of the pelvic examination
   39  for the collection of evidence; or
   40         (b) The pelvic examination is immediately necessary for the
   41  provision of emergency services and care as defined in s.
   42  395.002;
   43         (c)The patient has an emergency medical condition as
   44  defined in s. 395.002;
   45         (d)The pelvic examination is administered pursuant to a
   46  child protective investigation under chapter 39; or
   47         (e)The pelvic examination is administered pursuant to a
   48  criminal investigation of an alleged violation related to child
   49  abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g),
   50  chapter 794, chapter 796, chapter 800, chapter 827, or chapter
   51  847 to avert a serious risk of imminent substantial and
   52  irreversible physical impairment of a major bodily function of
   53  the patient.
   54         (3)A health care practitioner, a medical student, or any
   55  other student receiving training as a health care practitioner
   56  who is providing care to a pregnant woman having contractions in
   57  a facility licensed under chapter 395 need only obtain written
   58  consent from the patient to perform the initial pelvic
   59  examination. The written consent form must inform the patient
   60  that multiple pelvic examinations may be conducted during the
   61  course of her care and treatment at the facility.
   62         Section 2. This act shall take effect July 1, 2021.