A physician, surgeon, physician assistant as defined in N.H. Rev. Stat. § 328-D:1, III, nurse as defined in N.H. Rev. Stat. § 326-B:2, VII-a, advanced practice registered nurse as defined in N.H. Rev. Stat. § 326-B:2, I, or student undertaking a course of professional instruction or a clinical training program, shall not perform a pelvic, prostate, rectal, or breast examination on an anesthetized or unconscious patient unless:
I. The patient gave informed consent to the examination;

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II. The performance of the examination is within the scope of care for the patient;
III. The examination is reasonably required for diagnostic or treatment purposes; or
IV. The patient’s consent cannot be obtained due to an emergency and the examination is reasonably required for diagnostic or treatment purposes.