Maine Revised Statutes Title 24 Sec. 2905-B – Informed consent for pelvic, rectal or prostate examination
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A health care practitioner may not perform a pelvic, rectal or prostate examination or supervise a pelvic, rectal or prostate examination performed by an individual practicing under the supervision of the health care practitioner on a patient without first obtaining the patient’s specific informed consent, orally and in writing, to that pelvic, rectal or prostate examination, unless: [PL 2019, c. 602, §1 (NEW).]
1. Unconscious patient; diagnostic purposes and medically necessary. In the case of an unconscious patient, the examination is required for diagnostic purposes and is medically necessary;
[PL 2021, c. 92, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 24 Sec. 2905-B
- Health care practitioner: means physicians and all others certified, registered or licensed in the healing arts, including, but not limited to, nurses, podiatrists, optometrists, chiropractors, physical therapists, dentists, psychologists, physicians' assistants and veterinarians. See Maine Revised Statutes Title 24 Sec. 2502
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
2. Examination on unconscious alleged victim of sexual assault. The health care practitioner is authorized to perform the examination pursuant to section 2986, subsection 5; or
[PL 2021, c. 92, §1 (AMD).]
3. Conscious patient. The patient is conscious, in which case the health care practitioner shall obtain the patient’s specific informed consent, orally, to that pelvic, rectal or prostate examination.
[PL 2021, c. 92, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 602, §1 (NEW). PL 2021, c. 92, §1 (AMD).