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AN ACT relating to informed consent for medical examinations. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 216 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Health care provider" means an individual licensed by the Kentucky 6
Board of Medical Licensure or the Kentucky Board of Nursing, pursuant to 7
KRS Chapter 311 or 314, whose scope of practice allows the performance or 8
supervision of a pelvic, rectal, or prostate examination; 9
(b) "Informed consent" means the signing of an intimate exam consent form 10
following a discussion process by which a patie nt or a person authorized to 11
make health care decisions for a patient willingly accepts a 12
recommendation for examination or treatment by a health care provider 13
upon disclosure of pertinent information about the examination or 14
treatment that satisfies the following conditions: 15
1. It is conducted in plain language that is understandable to a 16
layperson; 17
2. It includes a description of the nature and components of the 18
examination or treatment, the risks and benefits of the examination or 19
treatment, alternatives to the examination or treatment, and the 20
patient's right to refuse an examination or treatment or t o revoke 21
consent after it has been given; and 22
3. It includes the identity and training status of individuals, including 23
students, who may be involved in the patient's care; and 24
(c) "Intimate exam consent form" means a separate medical examination form 25
memorializing an informed consent discussion that is signed by the patient 26
or a person authorized to make health care decisions for the patient, that 27
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satisfies the following conditions: 1
1. It is written in plain language that is understandable to a layperson; 2
and 3
2. It includes the elements of informed consent as described in 4
paragraph (b) of this subsection. 5
(2) A health care provider shall not knowingly perform or supervise the performance 6
of a pelvic, rectal, or prostate examination on a patient who is anes thetized or 7
unconscious unless one (1) of the following applies: 8
(a) The patient or a person authorized to make health care decisions for the 9
patient has given prior informed consent to the examination; 10
(b) The patient is unconscious and incapable of provi ding prior informed 11
consent, and the examination is necessary for diagnostic or treatment 12
purposes; 13
(c) The examination is within the scope and standard of care for a procedure or 14
diagnostic examination to be performed on the patient to which the patient 15
has given prior informed consent; or 16
(d) A court of competent jurisdiction orders the performance of the 17
examination for the collection of evidence and the order is issued in 18
compliance with all of the following provisions: 19
1. The court finds that there is a compelling need for the examination 20
that cannot be accommodated by other means. In assessing 21
compelling need, the court shall weigh the need for the examination 22
and the disclosure of the results against the privacy interest of the 23
individual to be examined; and 24
2. Pleadings pertaining to the ordering of the examination shall 25
substitute a pseudonym for the true name of the subject of the 26
examination. The true name shall be communicated confidentially to 27
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the court and kept under seal of the court. 1
(3) A hea lth care provider shall notify the patient as soon as reasonably practicable 2
that an examination under subsection (2) of this section was performed. 3
(4) A health care provider who violates subsection (2) of this section shall be subject 4
to discipline by the appropriate professional licensing or certification board. 5