HOUSE OF REPRESENTATIVES	H.B. NO.	2232
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HEALTH.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that medical students are often asked by their training physicians to perform pelvic examinations for training purposes on anesthetized or unconscious female patients, without first obtaining the patients' informed consent.  The legislature further finds that the American College of Obstetricians and Gynecologists recommends that pelvic examinations undertaken for teaching purposes be performed with the specific informed consent of the patient.  The American Medical Association also recommends discussing medical student involvement with patient procedures whenever possible.

     The John A. Burns school of medicine's department of obstetrics and gynecology and women's health has a policy regarding pelvic examinations under anesthesia.  Under the policy, medical students must request permission to be involved in the patient's care and, if a pelvic examination under anesthesia is planned, medical students must request permission to perform the examination.  Informed consent ensures patients understand the procedure and its attendant risks and benefits and agree to the procedure being performed.

     The purpose of this Act is to address the circumstances under which pelvic examinations may be performed by certain health care providers and medical students on anesthetized or unconscious female patients.

     SECTION 2.  Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§453‑   Pelvic examinations on anesthetized or unconscious female patients. A physician, osteopathic physician, surgeon, or medical student who is participating in a course of instruction, residency program, or clinical training program shall not perform a pelvic examination:

(1) On an anesthetized female patient unless:

(A) The patient gives prior informed consent to the pelvic examination; or

(B) The physician, osteopathic physician, surgeon, or medical student has the patient's permission to be involved in the patient's care and the performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination scheduled to be performed on the patient; or

(2) On a female patient who is unconscious, unless the pelvic examination is required for diagnostic purposes."

     SECTION 3.  New statutory material is underscored.   SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Health; Physicians; Medical School Students; Pelvic Examinations; Informed Consent

Description:

Addresses the circumstances under which pelvic examinations may be performed by certain health care providers and medical students on anesthetized or unconscious female patients.  (HB2232 HD1)

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