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HB1109 • 2026

Intimate medical examinations; require health care professionals to meet certain requirements regarding.

AN ACT TO PROHIBIT HEALTH CARE PROFESSIONALS AND STUDENTS FROM PERFORMING OR SUPERVISING THE PERFORMANCE OF ANY INTIMATE EXAMINATION ON A PATIENT WHO IS SEDATED, ANESTHETIZED OR UNCONSCIOUS EXCEPT UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE WHAT A HEALTH CARE PROFESSIONAL OR STUDENT MUST DO TO OBTAIN SPECIFIC WRITTEN INFORMED CONSENT TO PERFORM AN INTIMATE EXAMINATION ON A SEDATED, ANESTHETIZED OR UNCONSCIOUS PATIENT; TO PROVIDE THAT A HEALTH CARE PROFESSIONAL OR STUDENT WHO VIOLATES THIS ACT OR RETALIATES AGAINST AN INDIVIDUAL WHO REPORTS A VIOLATION OF THIS ACT ENGAGES IN UNPROFESSIONAL CONDUCT, COMMITS AN ACT THAT IS GROUNDS FOR DISCIPLINE, AND IS SUBJECT TO DISCIPLINE BY THE APPROPRIATE LICENSING BOARD OR MEDICAL EDUCATION PROGRAM; AND FOR RELATED PURPOSES.

Education Healthcare
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
McLean
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

Checked against official source text during the last sync.

Rules for Intimate Medical Exams on Unconscious Patients

This bill sets rules for health care professionals to get specific written consent before performing intimate exams on patients who are sedated, anesthetized, or unconscious.

What This Bill Does

  • Prohibits health care professionals and students from doing intimate exams on patients who are asleep, drugged, or unconscious unless certain conditions are met.
  • Requires that a patient or their family member give written permission for the exam if the patient is not awake.
  • Specifies what information must be included in the consent form given to the patient or their representative.
  • Makes it clear that professionals who break these rules can face punishment from licensing boards.

Who It Names or Affects

  • Health care professionals and students
  • Patients who are sedated, anesthetized, or unconscious

Terms To Know

Intimate examination
The performance of a breast, pelvic, anal, rectal, prostate or other urogenital examination.
Health care professional
A person who is licensed, certified, registered or otherwise authorized by the laws of Mississippi to administer health care in the ordinary course of their profession.

Limits and Unknowns

  • The bill did not pass and will not become law.
  • It does not affect the ability to do forensic exams for sexual assault investigations.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (H) Referred To Public Health and Human Services

Official Summary Text

Intimate medical examinations; require health care professionals to meet certain requirements regarding.

Current Bill Text

Read the full stored bill text 
H. B. No. 1109 *HR26/R1297* ~ OFFICIAL ~ G1/2
26/HR26/R1297
PAGE 1 (RF\KW)

To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative McLean

HOUSE BILL NO. 1109

AN ACT TO PROHIBIT HEALTH CARE PROFESSIONALS AND STUDENTS 1
FROM PERFORMING OR SUPERVISING THE PERFORMANCE OF ANY INTIMATE 2
EXAMINATION ON A PATIENT WHO IS SEDATED, ANESTHETIZED OR 3
UNCONSCIOUS EXCEPT UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE WHAT A 4
HEALTH CARE PROFESSIONAL OR STUDENT MUST DO TO OBTAIN SPECIFIC 5
WRITTEN INFORMED CONSENT TO PERFORM AN INTIMATE EXAMINATION ON A 6
SEDATED, ANESTHETIZED OR UNCONSCIOUS PATIENT; TO PROVIDE THAT A 7
HEALTH CARE PROFESSIONAL OR STUDENT WHO VIOLATES THIS ACT OR 8
RETALIATES AGAINST AN INDIVIDUAL WHO REPORTS A VIOLATION OF THIS 9
ACT ENGAGES IN UNPROFESSIONAL CONDUCT, COMMITS AN ACT THAT IS 10
GROUNDS FOR DISCIPLINE, AND IS SUBJECT TO DISCIPLINE BY THE 11
APPROPRIATE LICENSING BOARD OR MEDICAL EDUCATION PROGRAM; AND FOR 12
RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. (1) As used in this section, the following terms 15
shall be defined as provided in this subsection: 16
(a) "Health care professional" means a person who is 17
licensed, certified, registered or otherwise authorized by the 18
laws of this state to administer health care in the ordinary 19
course of the practice of his or her profession. 20
(b) "Intimate examination" means the performance of a 21
breast, pelvic, anal, rectal, prostate or other urogenital 22
examination. 23
H. B. No. 1109 *HR26/R1297* ~ OFFICIAL ~
26/HR26/R1297
PAGE 2 (RF\KW)

(c) "Student" means any person enrolled in a health 24
education program, including in a residency, internship or 25
fellowship, and is working under the supervision of a health care 26
professional. 27
(2) A health care professional or student may not perform or 28
supervise the performance of any intimate examination on a patient 29
who is sedated, anesthetized or unconscious unless: 30
(a) The patient or the patient's representative has 31
given specific written informed consent to the intimate 32
examination under subsection (4) of this section; 33
(b) The performance of the intimate examination is 34
within the scope and standard of care for the procedure or 35
diagnostic examination to be performed on the patient and the 36
patient or the patient's representative has given informed 37
consent; 38
(c) A medical emergency exists and the intimate 39
examination is medically necessary for diagnosis or treatment of 40
the patient; or 41
(d) A court orders performance of the intimate 42
examination for collection of evidence. 43
(3) Nothing in this section affects the ability to perform a 44
medical forensic examination, including the collection of 45
evidence, in connection with an alleged sexual assault or other 46
crime or the investigation of an alleged sexual assault or other 47
crime, pursuant to applicable laws. 48
H. B. No. 1109 *HR26/R1297* ~ OFFICIAL ~
26/HR26/R1297
PAGE 3 (RF\KW)

(4) To obtain specific written informed consent to perform 49
an intimate examination on a sedated, anesthetized or unconscious 50
patient, a health care professional or student shall: 51
(a) Provide the patient or the patient's representative 52
with a written or electronic document that: 53
(i) Is provided separately from any other notice 54
or agreement; 55
(ii) Specifies the nature and purpose of the 56
intimate examination; 57
(iii) Includes a description of the procedure to 58
be performed; 59
(iv) States which health care professional will be 60
performing the intimate examination; 61
(v) Identifies whether the intimate examination 62
will be performed or observed by a student; and 63
(vi) Provides the patient the ability to consent 64
to or decline: 65
1. The intimate examination to be performed 66
by a health care professional; and 67
2. The intimate examination to be performed 68
by a student; 69
(b) Obtain the signature of the patient or the 70
patient's representative; and 71
(c) Sign the informed consent form. 72
H. B. No. 1109 *HR26/R1297* ~ OFFICIAL ~
26/HR26/R1297
PAGE 4 (RF\KW)
ST: Intimate medical examinations; require
health care professionals to meet certain
requirements regarding.
(5) If an intimate examination is performed on a sedated, 73
anesthetized or unconscious patient by a health care professional 74
or a student under subsection (2) or (3) of this section, the 75
health care professional or student shall notify the patient at a 76
reasonable time before the patient is discharged from the care of 77
the health care professional or the student. 78
(6) Nothing in this section diminishes any other requirement 79
to obtain informed consent for an intimate examination or any 80
other procedure. 81
(7) A health care professional or student who violates this 82
section or retaliates against an individual who reports a 83
violation of this section engages in unprofessional conduct, 84
commits an act that is grounds for discipline, and is subject to 85
discipline by the appropriate licensing board or medical education 86
program. 87
SECTION 2. This act shall take effect and be in force from 88
and after July 1, 2026. 89