SENATE BILL 257
56th legislature - STATE OF NEW MEXICO - second session, 2024
Mark Moores and Antoinette Sedillo Lopez
RELATING TO HEALTH; REQUIRING HOSPITALS TO IMPLEMENT A POLICY PROHIBITING HEALTH CARE PROVIDERS AND STUDENTS SUPERVISED BY HEALTH CARE PROVIDERS FROM PERFORMING INTIMATE EXAMINATIONS ON ANESTHETIZED OR UNCONSCIOUS PATIENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public Health Act is enacted to read:
"[NEW MATERIAL] INTIMATE EXAMINATION OF ANESTHETIZED OR UNCONSCIOUS PATIENT PROHIBITED--INFORMED CONSENT.--
A. No later than six months after the effective date of this section, a hospital shall implement a policy to prohibit a health care provider or any student under the supervision of a health care provider from performing an intimate examination upon an anesthetized or unconscious patient unless the patient or the patient's authorized representative has provided informed consent to the examination.
B. As used in this section:
(1) "informed consent" means explicit, written permission to be obtained by a health care provider from a patient or the patient's authorized representative, without coercion, that includes an explanation of an intimate examination that may be performed by a health care provider or a student while the patient is unconscious or under anesthesia;
(2) "intimate examination" means a breast, pelvic, prostate or rectal exam;
(3) "patient's authorized representative" means a person that is authorized to make health care decisions for a patient pursuant to state law; and
(4) "student" means a non-licensed learner under the supervision of a health care provider."
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