Ark. Code § 20-9-606

Current with legislation from 2024 effective through May 3, 2024.
Section 20-9-606 - Pelvic examination on unconscious or anesthetized patient - Consent
(a) A healthcare professional shall not perform a pelvic examination on an unconscious or anesthetized patient unless:
(1) The healthcare professional obtains written consent from the patient or the patient's representative before performing the pelvic examination;
(2) A court orders performance of the pelvic examination for collection of evidence;
(3) The performance of the pelvic examination is within the scope and standard of care for the procedure or diagnostic examination to be performed on the patient and the patient or the patient's representative has given informed consent; or
(4) A medical emergency exists and the pelvic examination is immediately necessary for diagnosis or treatment of the patient.
(b) A student or trainee in a clinical setting shall only perform a pelvic examination on an unconscious or anesthetized patient for teaching purposes if the pelvic examination is:
(1) Explicitly consented to by the patient or the patient's representative;
(2) Medically related to the planned or performed procedure;
(3) Performed by a student or trainee who has been made known to the patient as being part of his or her care team; and
(4) Conducted under the direct supervision of an educator.
(c) If a pelvic examination is performed on an unconscious or anesthetized patient by a healthcare professional or a student or trainee in a clinical setting under subdivisions (a)(2)-(4) of this section, the healthcare professional or student or trainee shall notify the patient at a reasonable time before the patient is discharged from the care of the healthcare professional or the student or trainee.
(d) A violation of this section shall constitute grounds for disciplinary action by the appropriate licensing board or medical education program.

Ark. Code § 20-9-606

Added by Act 2021, No. 346,§ 1, eff. 7/28/2021.