Montana Code 37-2-306. Performance of sensitive medical examinations — informed consent required
37-2-306. Performance of sensitive medical examinations — informed consent required. (1) A person licensed or certified under this title to provide health care may not knowingly perform or supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious unless:
Terms Used In Montana Code 37-2-306
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(a)the patient or a person authorized to make health care decisions for the patient has provided specific informed consent to the examination;
(b)the examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(c)an emergency exists, it is impracticable to obtain consent, and the examination is necessary for diagnostic or treatment purposes.
(2)Violation of subsection (1) constitutes unprofessional conduct.