(2) Rectal examination.
(3) Prostate examination.
(b) Exceptions.--Subsection (a) does not apply if:
(1) the examination is within the scope of care ordered
for the patient; or
(2) the examination is necessary in the case of a
medical emergency for the purpose of diagnosis or treatment
and the patient is incapable of providing specific informed
consent.
(c) Liability.--
(1) A health care provider shall be liable under section
504 for a violation of this section. In the event that a
student participating in and being overseen by a health care
provider as part of the professional instruction or clinical
training program violates this section, the health care
provider overseeing the student's professional instruction or
clinical training program shall be liable under section 504.
(2) Notwithstanding paragraph (1), the university,
educational institution or other corporate entity that hosts
the professional instruction or clinical training program
shall be liable to an individual damaged by a violation of
this section for $1,000. Nothing in this paragraph shall
preclude or limit an individual from recovering any other
damages from a university, educational institution or other
corporate entity.
(d) Delegation.--A health care provider may delegate the
task of obtaining the specific informed consent of a patient to
a qualified practitioner for an examination under subsection
(a). For the purpose of this subsection, a qualified
practitioner may not be a student participating in or being
overseen by a health care provider as part of the professional
instruction or clinical training program.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Health care provider." A primary health care center or a
person, including a corporation, university or other educational
institution licensed or approved by the Commonwealth to provide
health care or professional medical services as a physician, a
physician assistant, a certified registered nurse practitioner,
a registered nurse under section 3 of the act of May 22, 1951
(P.L.317, No.69), known as The Professional Nursing Law, who is
authorized under the registered nurse's scope of practice to
perform the procedure as delegated by the physician or a
registered nurse authorized to administer anesthesia under 49
Pa. Code ยง 21.17 (relating to anesthesia), a certified nurse
midwife, a podiatrist, hospital, nursing home, birth center ,
ambulatory surgical facility and an officer, employee or agent
of any of them acting in the course and scope of employment.
"Hospital." An entity licensed as a hospital under the act
of June 13, 1967 (P.L.31, No.21), known as the Human Services
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