§ 19a-490m — Development of surgery protocols and procedures for securing express written consent to an intimate examination by hospitals and outpatient surgical facilities.

(a) Each hospital and outpatient surgical facility shall develop protocols for accurate identification procedures that shall be used by such hospital or outpatient surgical facility prior to surgery. Such protocols shall include, but need not be limited to, (1) procedures to be followed to identify the (A) patient, (B) surgical procedure to be performed, and (C) body part on which the surgical procedure is to be performed, and (2) alternative identification procedures in urgent or emergency circumstances or where the patient is nonspeaking, comatose or incompetent or is a child. After January 1, 2006, no hospital or outpatient surgical facility may anesthetize a patient or perform surgery unless the protocols have been followed. Each hospital and outpatient surgical facility shall make a copy of the protocols available to the Commissioner of Public Health upon request. (b) Not later than October 1, 2006, the Department of Public Health shall report, in accordance with section 11-4a , to the joint standing committee of the General Assembly having cognizance of matters relating to public health describing the protocols developed pursuant to subsection (a) of this section. (c) Not later than January 1, 2023, each hospital and outpatient surgical facility shall develop and implement procedures for securing on a written or electronic form a patient's express written consent to an intimate examination. A health care provider at each hospital and outpatient surgical facility shall obtain such consent in advance of performing an intimate examination on a patient who will be under deep sedation or general anesthesia, or is rendered unconscious, unless the intimate examination is within the scope of a planned procedure, diagnostic examination or surgical procedure for which the patient has provided general consent. If a student in a medical school participating in a course of instruction or person participating in a residency program or clinical training program performs an intimate examination on a patient exclusively for training purposes, and not (1) as part of the patient's clinical care, or (2) when such student or person is part of the patient's clinical care team, the hospital or outpatient surgical facility shall obtain a separate written consent from the patient detailing such student's or person's involvement in the intimate examination. Express written patient consent shall not be required under this subsection for intimate examinations performed in an emergency or urgent care situation for diagnostic or treatment purposes. Each hospital and outpatient surgical facility shall make a copy of the procedures and consent forms developed under this subsection available to the Commissioner of Public Health upon request. As used in this subsection, (A) “health care provider” means a physician licensed pursuant to chapter 370, a student in a medical school participating in a course of instruction, a person participating in a residency program or clinical training program, a physician assistant licensed pursuant to chapter 370 or an advanced practice registered nurse licensed pursuant to chapter 378, and (B) “intimate examination” means a pelvic, prostate or rectal examination.

Legislative History

(P.A. 05-275, S. 26; P.A. 22-33, S. 1.) History: P.A. 05-275 effective July 13, 2005; P.A. 22-33 added Subsec. (c) requiring the development and implementation of procedures for and setting forth requirements re securing express written consent to an intimate examination, effective May 31, 2022.