Section 191.240

Title XII PUBLIC HEALTH AND WELFARE

Chapter 191

Effective - 28 Aug 2023   

  191.240.  Patient examinations, limitation on performance of, when — notice — violation, sanction of license. — 1.  For purposes of this section, the following terms mean:

  (1)  "Health care provider", the same meaning given to the term in section 191.900;

  (2)  "Patient examination", a prostate, anal, or pelvic examination.

  2.  A health care provider, or any student or trainee under the supervision of a health care provider, shall not knowingly perform a patient examination upon an anesthetized or unconscious patient in a health care facility unless:

  (1)  The patient or a person authorized to make health care decisions for the patient has given specific informed consent to the patient examination for nonmedical purposes;

  (2)  The patient examination is necessary for diagnostic or treatment purposes;

  (3)  The collection of evidence through a forensic examination, as defined in and under subsection 8 of section 595.220, for a suspected sexual assault on the anesthetized or unconscious patient is necessary because the evidence will be lost or because the patient is unable to give informed consent due to a medical condition; or

  (4)  Circumstances are present that and which imply consent, as described in section 431.063.

  3.  A health care provider shall notify a patient of any patient examination performed under subdivisions (2) to (4) of subsection 2 of this section if the patient is unable to give verbal or written consent.

  4.  A health care provider who violates the provisions of this section, or who supervises a student or trainee who violates the provisions of this section, shall be subject to discipline by any licensing board that licenses the health care provider.

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(L. 2023 H.B. 402 merged with S.B. 45 & 90 merged with S.B. 106)