§ 191.240

Title XII PUBLIC HEALTH AND WELFARE Chapter 191 Effective - 28 Aug 2023 191.240. Patient examinations, limitation on performance of, when — notice — violation, sanction of license. — 1. For purposes of this section, the following terms mean: (1) 'Health care provider', the same meaning given to the term in section 191.900; (2) 'Patient examination', a prostate, anal, or pelvic examination. 2. A health care provider, or any student or trainee under the supervision of a health care provider, shall not knowingly perform a patient examination upon an anesthetized or unconscious patient in a health care facility unless: (1) The patient or a person authorized to make health care decisions for the patient has given specific informed consent to the patient examination for nonmedical purposes; (2) The patient examination is necessary for diagnostic or treatment purposes; (3) The collection of evidence through a forensic examination, as defined in and under subsection 8 of section 595.220, for a suspected sexual assault on the anesthetized or unconscious patient is necessary because the evidence will be lost or because the patient is unable to give informed consent due to a medical

20, for a suspected sexual assault on the anesthetized or unconscious patient is necessary because the evidence will be lost or because the patient is unable to give informed consent due to a medical condition; or (4) Circumstances are present that and which imply consent, as described in section 431.063. 3. A health care provider shall notify a patient of any patient examination performed under subdivisions (2) to (4) of subsection 2 of this section if the patient is unable to give verbal or written consent. 4. A health care provider who violates the provisions of this section, or who supervises a student or trainee who violates the provisions of this section, shall be subject to discipline by any licensing board that licenses the health care provider. ­­-------- (L. 2023 H.B. 402 merged with S.B. 45 & 90 merged with S.B. 106)