PCS for HB 361: An Act Relating to Consent for Pelvic Examinations

Summary

PCS for HB 361, ORIGINAL 2021, is a bill to be entitled an act relating to consent for pelvic examinations. It amends Section 456.51, Florida Statutes, revising the definition of the term "pelvic examination" and the circumstances under which a pelvic examination may be performed without written consent. A health care practitioner, a medical student, or any other student receiving training as a health care practitioner may not perform a pelvic examination on a patient without the written consent of the patient or the patient's legal representative, executed specific to and expressly identifying the examination, unless a court orders it for the collection of evidence or it is immediately necessary for the provision of emergency services and care. The act takes effect July 1, 2021.

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Full text

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           PCS for HB 361                             ORIGINAL                                                  2021




    1                                         A bill to be entitled
    2              An act relating to consent for pelvic examinations;
    3              amending s. 456.51, F.S.; revising the definition of
    4              the term "pelvic examination"; revising the
    5              circumstances under which a pelvic examination may be
    6              performed without written consent; providing an
    7              effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                 Section 1.         Section 456.51, Florida Statutes, is amended to
12         read:
13                 456.51       Consent for pelvic examinations.—
14                 (1)      As used in this section, the term "pelvic examination"
15         means a manual the series of tasks that comprise an examination
16         of the vagina, cervix, uterus, fallopian tubes, ovaries, rectum,
17         or external pelvic tissue or organs of the female reproductive
18         system using any combination of modalities, which may include,
19         but need not be limited to, the health care provider's gloved
20         hand or instrumentation.
21                 (2)      A health care practitioner, a medical student, or any
22         other student receiving training as a health care practitioner
23         may not perform a pelvic examination on a patient without the
24         written consent of the patient or the patient's legal
25         representative executed specific to, and expressly identifying,

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        PCS for HB 361.DOCX
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        PCS for HB 361                             ORIGINAL                                                  2021




26      the pelvic examination, unless:
27              (a)      A court orders performance of the pelvic examination
28      for the collection of evidence; or
29              (b)      The pelvic examination is immediately necessary for
30      the provision of emergency services and care, as defined in
31      section 395.002(9), or the patient has an emergency medical
32      condition, as defined in section 395.002(8) to avert a serious
33      risk of imminent substantial and irreversible physical
34      impairment of a major bodily function of the patient.
35              Section 2.         This act shall take effect July 1, 2021.




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     PCS for HB 361.DOCX
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2021_3093_professions-public-health-subcommittee_proposed-committee-bills-pcbs_fn-pcs-for-hb-361.pdf

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www.flhouse.gov