A00293
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
507
Session of
2023
INTRODUCED BY FIEDLER, HANBIDGE, HILL-EVANS, FRANKEL,
SCHLOSSBERG, SCHLEGEL CULVER, GILLEN, OTTEN, CIRESI, RABB,
SANCHEZ, GUENST, HOHENSTEIN, McNEILL, MADDEN, SAMUELSON,
GALLOWAY, KRAJEWSKI, SHUSTERMAN, FREEMAN, KINKEAD, O'MARA,
N. NELSON, T. DAVIS, D. WILLIAMS, PARKER, STEHR, KAZEEM,
ISAACSON, SAPPEY, WEBSTER, SMITH-WADE-EL, WAXMAN, BOROWSKI,
HADDOCK, MALAGARI, CEPHAS, MARKOSEK, STEELE, GIRAL, DAWKINS,
DELLOSO, VENKAT, BURGOS, ROWE, SALISBURY, MAJOR, INNAMORATO,
SCHMITT, ABNEY, MERSKI, KEEFER, BULLOCK, CERRATO, DALEY, KHAN
AND ZIMMERMAN, MARCH 17, 2023
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, APRIL 21, 2023
AN ACT
Amending the act of March 20, 2002 (P.L.154, No.13), entitled
"An act reforming the law on medical professional liability;
providing for patient safety and reporting; establishing the
Patient Safety Authority and the Patient Safety Trust Fund;
abrogating regulations; providing for medical professional
liability informed consent, damages, expert qualifications,
limitations of actions and medical records; establishing the
Interbranch Commission on Venue; providing for medical
professional liability insurance; establishing the Medical
Care Availability and Reduction of Error Fund; providing for
medical professional liability claims; establishing the Joint
Underwriting Association; regulating medical professional
liability insurance; providing for medical licensure
regulation; providing for administration; imposing penalties;
and making repeals," in medical professional liability,
providing for informed consent in pelvic, rectal and prostate
examinations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 20, 2002 (P.L.154, No.13), known
as the Medical Care Availability and Reduction of Error (Mcare)
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Act, is amended by adding a section to read:
Section 504.1. 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 in the course of the health care provider
or student participating in or overseeing a professional
instruction or clinical training program, unless the patient or
the patient's authorized representative provides specific
informed consent to a health care provider, in verbal and
written form, prior to the examination: A HEALTH CARE PROVIDER,
IN THE COURSE OF PARTICIPATING IN OR OVERSEEING A PROFESSIONAL
INSTRUCTION OR CLINICAL TRAINING PROGRAM, OWES A DUTY TO A
PATIENT TO OBTAIN SPECIFIC INFORMED CONSENT, IN VERBAL AND
WRITTEN FORM, BEFORE KNOWINGLY PERFORMING ANY OF THE FOLLOWING
EXAMINATIONS ON A PATIENT WHO IS ANESTHETIZED OR UNCONSCIOUS IN
A FACILITY THAT PROVIDES HEALTH CARE SERVICES:
(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 SPECIFIC 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 .
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(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 as follows:
(i) Five hundred dollars for a first violation.
(ii) One thousand dollars for a second or subsequent
violation.
(d) 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
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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
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.
"SPECIFIC INFORMED CONSENT." THE CONSENT OF A PATIENT TO THE
PERFORMANCE OF AN EXAMINATION IN ACCORDANCE WITH THIS SECTION
AFTER THE PATIENT HAS RECEIVED A DESCRIPTION OF THE EXAMINATION,
THE PURPOSE FOR PROVIDING THE EXAMINATION AND ANY RISKS OR
ALTERNATIVES TO THE EXAMINATION SO THAT A REASONABLY PRUDENT
PATIENT MAY MAKE AN INFORMED DECISION AS TO THE EXAMINATION.
Section 2. This act shall take effect in 60 days.
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