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 § 37-2-306

Title 37PROFESSIONS AND OCCUPATIONS

Ch. 2GENERAL PROVISIONS RELATING TO HEALTH CARE PRACTITIONERS

Part 3Miscellaneous Provisions

This text of Montana § 37-2-306 (Performance Of Sensitive Medical Examinations -- Informed Consent Required) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 37-2-306 (2026).

Text

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.