Tex.
Health & Safety Code Section 167A.002
Limitations on Certain Pelvic Examinations
(a)
A health care practitioner may not perform or delegate to another individual, including a student training to become a health care practitioner, the performance of a pelvic examination on an anesthetized or unconscious patient unless:(1)
the pelvic examination is within the standard scope of a procedure or diagnostic examination scheduled to be performed on the patient;(2)
the patient or the patient’s legally authorized representative gives informed consent for the pelvic examination as provided by Subsection (b);(3)
the pelvic examination is necessary for diagnosis or treatment of the patient’s medical condition; or(4)
the pelvic examination is for the purpose of collecting evidence.(b)
To obtain informed consent to perform a pelvic examination on an unconscious or anesthetized patient, a health care practitioner must:(1)
provide the patient or the patient’s legally authorized representative with a written or electronic informed consent form that:(A)
may be included as a distinct or separate section of a general informed consent form;(B)
contains the following heading at the top of the form in at least 18-point boldface type: “CONSENT FOR EXAMINATION OF PELVIC REGION”;(C)
specifies the nature and purpose of the pelvic examination;(D)
informs the patient or the patient’s legally authorized representative that a medical student or resident may be present if the patient or the patient’s legally authorized representative authorizes the student or resident to:(i)
perform the pelvic examination; or(ii)
observe or otherwise be present at the pelvic examination, either in person or through electronic means;(E)
allows the patient or the patient’s legally authorized representative the opportunity to consent to or refuse to consent to the pelvic examination; and(F)
allows a patient or a patient’s legally authorized representative that consents to a pelvic examination under Paragraph (E) the opportunity to authorize or refuse to authorize:(i)
a medical student or resident to perform the pelvic examination; or(ii)
a medical student or resident to observe or otherwise be present at the pelvic examination, either in person or through electronic means;(2)
obtain the signature of the patient or the patient’s legally authorized representative on the informed consent form; and(3)
sign the informed consent form.
Source:
Section 167A.002 — Limitations on Certain Pelvic Examinations, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.167A.htm#167A.002 (accessed May 4, 2024).
