Superseded 7/1/2024)
Superseded 7/1/2024
58-1-509. Patient consent for certain medical examinations.
| (1) |
As used in this section:
Terms Used In Utah Code 58-1-509- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :Utah Code 68-3-12.5
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
| (a) |
“Health care provider” means:
| (i) |
an individual who is:
| (A) |
a healthcare provider as defined in Section 78B-3-403; and |
| (B) |
licensed under this title; |
|
| (ii) |
emergency medical service personnel as defined in Section 26B-4-101; or |
|
| (b) |
“Patient examination” means a medical examination that requires contact with the patient’s sexual organs. |
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| (2) |
A health care provider may not perform a patient examination on an anesthetized or unconscious patient unless:
| (a) |
the health care provider obtains consent from the patient or the patient’s representative in accordance with Subsection (3); |
| (b) |
a court orders performance of the patient examination for the collection of evidence; |
| (c) |
the performance of the patient examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or |
| (d) |
the patient examination is immediately necessary for diagnosis or treatment of the patient. |
|
| (3) |
To obtain consent to perform a patient examination on an anesthetized or unconscious patient, before performing the patient examination, the health care provider shall:
| (a) |
provide the patient or the patient’s representative with a written or electronic document that:
| (i) |
is provided separately from any other notice or agreement; |
| (ii) |
contains the following heading at the top of the document in not smaller than 18-point bold face type: “CONSENT FOR EXAMINATION OF PELVIC REGION”; |
| (iii) |
specifies the nature and purpose of the patient examination; |
| (iv) |
names one or more primary health care providers whom the patient or the patient’s representative may authorize to perform the patient examination; |
| (v) |
states whether there may be a student or resident that the patient or the patient’s representative authorizes to:
| (A) |
perform an additional patient examination; or |
| (B) |
observe or otherwise be present at the patient examination, either in person or through electronic means; and |
|
| (vi) |
provides the patient or the patient’s representative with a series of check boxes that allow the patient or the patient’s representative to:
| (A) |
consent to the patient examination for diagnosis or treatment and an additional patient examination performed by a student or resident for an educational or training purpose; |
| (B) |
consent to the patient examination only for diagnosis or treatment; or |
| (C) |
refuse to consent to the patient examination; |
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| (b) |
obtain the signature of the patient or the patient’s representative on the written or electronic document while witnessed by a third party; and |
| (c) |
sign the written or electronic document. |
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Amended by Chapter 328, 2023 General Session
