2020 -- S 2657

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LC003980

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO HEALTH AND SAFETY -- CONSENT TO MEDICAL AND SURGICAL

CARE

     

     Introduced By: Senators Satchell, Goldin, Valverde, Euer, and Lynch Prata

     Date Introduced: February 27, 2020

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-4.6-1 of the General Laws in Chapter 23-4.6 entitled "Consent

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to Medical and Surgical Care" is hereby amended to read as follows:

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     23-4.6-1. Consent to medical and surgical care.

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     (a) Any person of the age of sixteen (16) or over or married may consent to routine,

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emergency, medical or surgical care. A minor parent may consent to treatment of his or her child.

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     (b) In addition to the provisions of subsection (a), any person, including, but not limited

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to, a minor who is pregnant, may give effective consent for medical, dental, health, and hospital

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services relating to prenatal, delivery, and post-delivery care. The attending physician shall

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comply with ยง 40-11-3. Consent shall not be given pursuant to this subsection for abortion or

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sterilization.

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     (c) A pelvic, rectal, or breast examination may not be performed on an unconscious or

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anesthetized patient unless:

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     (1) The patient gave informed consent;

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     (2) The examination is within the scope of care; or

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     (3) The examination is required for diagnostic purposes.

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     (d) The department of health may promulgate rules and regulations in accordance with

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this section.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- CONSENT TO MEDICAL AND SURGICAL

CARE

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     This act would not allow a pelvic, rectal, or breast examination to be performed on an

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unconscious or anesthetized patient unless the patient gave informed consent, the exam is within

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the scope of care or the examination is required for diagnostic purposes. This act would also

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allow the department of health to promulgate rules and regulations in accordance with this

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section.

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     This act would take effect upon passage.

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