H0975B3318A05227 AJB:MAC 06/29/22 #90 A05227
AMENDMENTS TO HOUSE BILL NO. 975
Sponsor: SENATOR MUTH
Printer's No. 3318
Amend Bill, page 1, line 2, by inserting after "offenses,"
providing for informed consent in pelvic, rectal and prostate
examinations and
Amend Bill, page 1, lines 8 through 10, by striking out all
of said lines and inserting
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3108. Informed consent in pelvic, rectal and prostate
examinations.
(a) General rule.--A health care provider or student may not
knowingly perform any of the following examinations on a patient
who is anesthetized or unconscious in a facility that provides
health care services if the health care provider or student is
participating in a course of professional instruction or
clinical training program, unless the patient or the patient's
authorized representative provides specific informed consent, in
verbal and written form, prior to the examination:
(1) Pelvic examination.
(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 informed consent
or, if the patient is incapable of providing informed consent
and has an authorized representative, the authorized
representative is unavailable to provide informed consent.
(c) Liability.--A person aggrieved by a violation of this
section may bring a civil action in a court of common pleas of
requisite jurisdiction. A court may award appropriate relief,
including temporary, preliminary and permanent injunctive
relief, an award of compensatory and punitive damages and an
award of reasonable attorney fees and costs. In lieu of actual
damages, the plaintiff may elect at any time prior to final
judgment, statutory damages of $5,000 per violation.
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(d) 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
certified nurse midwife, a podiatrist, hospital, nursing home,
birth center 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
Code, or the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
"Patient." A natural person who receives or should have
received health care from a health care provider.
Section 2. Section 3124.2(a.5) of Title 18 is amended and
the section is amended by adding a subsection to read:
Amend Bill, page 4, line 2, by striking out "2" and inserting
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