PRINTER'S NO. 1016
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
815
Session of
2021
INTRODUCED BY MUTH, COLLETT, PHILLIPS-HILL, STREET, SANTARSIERO,
CAPPELLETTI, TARTAGLIONE, BREWSTER, COSTA, SCHWANK, KANE,
HAYWOOD AND COMITTA, JULY 27, 2021
REFERRED TO HEALTH AND HUMAN SERVICES, JULY 27, 2021
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)
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, including a
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student participating in a course of professional instruction or
clinical training program, 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
unless the patient or the patient's authorized representative
provides specific informed consent, in verbal and written form,
prior to the ex amination:
(1) Pelvic examinations.
(2) Rectal examinations.
(3) Prostate examinations.
(b) Exceptions.--Subsection (a) does not apply if:
(1) the examination is within the scope of care ordered
for the patient;
(2) sexual assault is suspected, in which case evidence
may be collected if the patient is not capable of informed
consent due to a longer-term medical condition or if evidence
will be lost and the patient's representative gives consent;
or
(3) 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.
(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.
Section 2. This act shall take effect in 60 days.
20210SB0815PN1016 - 2 -
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