§ 58-1-509 — Patient consent for certain medical examinations.

Utah § 58-1-509

• Jurisdiction: Utah
• Title 58: Occupations and Professions
• Ch. 58-1: Division of Professional Licensing Act
• Part 58-1-5: Unlawful and Unprofessional Conduct - Penalties

Text

(1) As used in this section:

(1)(a) "Health care provider" means:
(1)(a)(i) an individual who is:

(1)(a)(i)(A) a healthcare provider as defined in Section 78B-3-403; and
(1)(a)(i)(B) licensed under this title;
(1)(a)(ii) emergency medical service personnel as defined in Section 53-2d-101; or
(1)(a)(iii) an individual described in Subsection 58-1-307(1)(b) or (c).
(1)(b) "Patient examination" means a medical examination that requires contact with the patient's sexual organs.
(2) A health care provider may not perform a patient examination on an anesthetized or unconscious patient unless:

(2)(a) the health care provider obtains consent from the patient or the patient's representative in accordance with Subsection (3);
(2)(b) a court orders performance of the patient examination for the collection of evidence;
(2)(c) the performance of the patient examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(2)(d) the patient examination is immediately necessary for diagnosis or treatment of the patient.
(3) To obtain consent to perform a patient examination on an anesthetized or unconscious patient, before performing the patient examination, the health care provider shall:

(3)(a) provide the patient or the patient's representative with a written or electronic document that:
(3)(a)(i) is provided separately from any other notice or agreement;
(3)(a)(ii) contains the following heading at the top of the document in not smaller than 18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
(3)(a)(iii) specifies the nature and purpose of the patient examination;
(3)(a)(iv) names one or more primary health care providers whom the patient or the patient's representative may authorize to perform the patient examination;
(3)(a)(v) states whether there may be a student or resident that the patient or the patient's representative authorizes to:

(3)(a)(v)(A) perform an additional patient examination; or
(3)(a)(v)(B) observe or otherwise be present at the patient examination, either in person or through electronic means; and
(3)(a)(vi) provides the patient or the patient's representative with a series of check boxes that allow the patient or the patient's representative to:

(3)(a)(vi)(A) consent to the patient examination for diagnosis or treatment and an additional patient examination performed by a student or resident for an educational or training purpose;
(3)(a)(vi)(B) consent to the patient examination only for diagnosis or treatment; or
(3)(a)(vi)(C) refuse to consent to the patient examination;
(3)(b) obtain the signature of the patient or the patient's representative on the written or electronic document while witnessed by a third party; and
(3)(c) sign the written or electronic document.

Legislative History

Amended by Chapter 310, 2023 General Session; Amended by Chapter 328, 2023 General Session