Bill Text: FL S0716 | 2021 | Regular Session | Enrolled
Bill Title: Consent for Pelvic Examinations
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-06-23 - Chapter No. 2021-126 [S0716 Detail]
Download: Florida-2021-S0716-Enrolled.html
ENROLLED 2021 Legislature CS for CS for SB 716 2021716er 1 2 An act relating to consent for pelvic examinations; 3 amending s. 456.51, F.S.; revising the definition of 4 the term “pelvic examination”; revising the 5 circumstances under which a pelvic examination may be 6 performed without consent; providing that certain 7 health care practitioners and students need only 8 obtain written consent for the initial pelvic 9 examination for certain patients under certain 10 circumstances; requiring such written consent form to 11 inform the patient that multiple pelvic examinations 12 may be conducted during the course of care and 13 treatment; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 456.51, Florida Statutes, is amended to 18 read: 19 456.51 Consent for pelvic examinations.— 20 (1) As used in this section, the term “pelvic examination” 21 means a manualthe series of tasks that comprise anexamination 22 of the organs of the female reproductive system usingvagina,23cervix, uterus, fallopian tubes, ovaries, rectum, or external24pelvic tissue or organs using any combination of modalities,25which may include, but need not be limited to,the health care 26 provider’s gloved hand or instrumentation. The term does not 27 include a visual assessment, imaging, or a nondiagnostic medical 28 or surgical procedure. 29 (2) A health care practitioner, a medical student, or any 30 other student receiving training as a health care practitioner 31 may not perform a pelvic examination on an anesthetized or 32 unconsciousapatient without the written consent of the patient 33 or the patient’s legal representative executed specific to, and 34 expressly identifying, the pelvic examination. If the patient is 35 conscious, informed verbal consent must be obtained for the 36 pelvic examination in addition to any written consent obtained. 37 Consent is not required if, unless: 38 (a) A court orders performance of the pelvic examination 39 for the collection of evidence;or40 (b) The pelvic examination isimmediatelynecessary for the 41 provision of emergency services and care as defined in s. 42 395.002; 43 (c) The patient has an emergency medical condition as 44 defined in s. 395.002; 45 (d) The pelvic examination is administered pursuant to a 46 child protective investigation under chapter 39; or 47 (e) The pelvic examination is administered pursuant to a 48 criminal investigation of an alleged violation related to child 49 abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g), 50 chapter 794, chapter 796, chapter 800, chapter 827, or chapter 51 847to avert a serious risk of imminent substantial and52irreversible physical impairment of a major bodily function of53the patient. 54 (3) A health care practitioner, a medical student, or any 55 other student receiving training as a health care practitioner 56 who is providing care to a pregnant woman having contractions in 57 a facility licensed under chapter 395 need only obtain written 58 consent from the patient to perform the initial pelvic 59 examination. The written consent form must inform the patient 60 that multiple pelvic examinations may be conducted during the 61 course of her care and treatment at the facility. 62 Section 2. This act shall take effect July 1, 2021.