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  • Summary date: Mar 20 2023 - View Summary

    Enacts new GS 90-21.13A, providing as follows. Defines the following as they are used in the statute: anesthetized patient, health care provider, pelvic exam, rectal exam, trainee, and unconscious patient. Prohibits a health care provider or trainee from performing or supervising the performance of a pelvic or rectal exam on an anesthetized or unconscious patient, unless one of the following: (1) the patient, or their legal guardian or designated health care agent has given prior informed consent to a pelvic or rectal examination; (2) the patient is incapable of providing informed consent and the pelvic or rectal examination is necessary for diagnostic or treatment purposes; or (3) there is an emergency at the time of the exam and it is impractical to obtain the patient's consent, and the pelvic or rectal examination is necessary for diagnostic or treatment purposes. Sets out the steps that must be taken in order to obtain consent before beginning the exam. Requires obtaining a completed written or electronic consent form for any pelvic or rectal exam before each and any time a patient is anesthetized or unconscious. Allows a patient to withhold or withdraw consent anytime before the exam begins without affecting their right to future care or treatment and without the loss of State or federal benefits to which the patient would otherwise be entitled to receive. Specifies that the following are not accepted medical purposes under GS 90-5.4 (duty to report) or an accepted standard under GS 90-21.13 (informed consent to health care treatment or procedure): subjecting a patient to a pelvic, rectal, or prostate examination (1) without prior specific informed consent, (2) solely for educational or training purposes, or (3) in the event informed consent has been withdrawn. Makes violations of this statute a Class A1 misdemeanor. 

    Amends GS 90-5.4 to create a duty for individuals licensed by the North Carolina Medical Board to report within 30 days any violations of new GS 90-21.13A. 

    Makes conforming changes to GS 90-21.13.

    Applies to exams on or after October 1, 2023.