Sec. 167A.002. LIMITATIONS ON CERTAIN PELVIC EXAMINATIONS. (a) A health care practitioner may not perform or delegate to another individual, including a student training to become a health care practitioner, the performance of a pelvic examination on an anesthetized or unconscious patient unless:
(1) the pelvic examination is within the standard scope of a procedure or diagnostic examination scheduled to be performed on the patient;
(2) the patient or the patient's legally authorized representative gives informed consent for the pelvic examination as provided by Subsection (b);
(3) the pelvic examination is necessary for diagnosis or treatment of the patient's medical condition; or
(4) the pelvic examination is for the purpose of collecting evidence.
(b) To obtain informed consent to perform a pelvic examination on an unconscious or anesthetized patient, a health care practitioner must:
(1) provide the patient or the patient's legally authorized representative with a written or electronic informed consent form that:
(A) may be included as a distinct or separate section of a general informed consent form;
(B) contains the following heading at the top of the form in at least 18-point boldface type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
(C) specifies the nature and purpose of the pelvic examination;
(D) informs the patient or the patient's legally authorized representative that a medical student or resident may be present if the patient or the patient's legally authorized representative authorizes the student or resident to:
(i) perform the pelvic examination; or
(ii) observe or otherwise be present at the pelvic examination, either in person or through electronic means;
(E) allows the patient or the patient's legally authorized representative the opportunity to consent to or refuse to consent to the pelvic examination; and
(F) allows a patient or a patient's legally authorized representative that consents to a pelvic examination under Paragraph (E) the opportunity to authorize or refuse to authorize:
(i) a medical student or resident to perform the pelvic examination; or
(ii) a medical student or resident to observe or otherwise be present at the pelvic examination, either in person or through electronic means;
(2) obtain the signature of the patient or the patient's legally authorized representative on the informed consent form; and
(3) sign the informed consent form.
Added by Acts 2021, 87th Leg., R.S., Ch. 251 (H.B. 1434), Sec. 1, eff. September 1, 2021.