Bill Summary for H 871 (2021-2022)

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Summary date: 

May 6 2021

Bill Information:

View NCGA Bill Details2021
House Bill 871 (Public) Filed Tuesday, May 4, 2021
AN ACT TO PROVIDE PARAMETERS FOR OBTAINING INFORMED CONSENT FOR PELVIC OR RECTAL EXAMINATIONS ON ANESTHETIZED OR UNCONSCIOUS PATIENTS.
Intro. by Adcock, K. Baker, von Haefen.

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Bill summary

Enacts new GS 90-21.19A, providing as follows. Defines the following as they are used in the statute: anesthetized patient, health care provider, licensee, 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 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. Makes violations of this statute a Class A1 misdemeanor. 

Amends GS 90-21.19A to create a duty for individuals licensed by the North Carolina Medical Board to report within 30 days any violations of new GS 90-21.19A. 

Applies to exams on or after October 1, 2021.