Montana § 37-2-306 Performance Of Sensitive Medical Examinations -- Informed Consent Required

Montana Statutes

§ 37-2-306 — Performance Of Sensitive Medical Examinations -- Informed Consent Required

Montana·Title 37 PROFESSIONS AND OCCUPATIONS·Ch. 2 GENERAL PROVISIONS RELATING TO HEALTH CARE PRACTITIONERS·Part 3 Miscellaneous Provisions

37-2-306 . Performance of sensitive medical examinations -- informed consent required.

(1)A person licensed or certified under this title to provide health care may not knowingly perform or supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious unless:

(a)the patient or a person authorized to make health care decisions for the patient has provided specific informed consent to the examination;

(b)the examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or

(c)an emergency exists, it is impracticable to obtain consent, and the examination is necessary for diagnostic or treatment purposes.

(2)Violation of subsection (1) constitutes unpr

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37-2-306 . Performance of sensitive medical examinations -- informed consent required. (1) A person licensed or certified under this title to provide health care may not knowingly perform or supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious unless:
(a) the patient or a person authorized to make health care decisions for the patient has provided specific informed consent to the examination;
(b) the examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(c) an emergency exists, it is impracticable to obtain consent, and the examination is necessary for diagnostic or treatment purposes.
(2) Violation of subsection (1) constitutes unprofessional conduct.

Montana § 37-2-306 (Performance Of Sensitive Medical Examinations -- Informed Consent Required) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.