Mo. Rev. Stat. § 191.240

Current with changes from the 2023 Legislative Session
Section 191.240 - Patient examinations, limitation on performance of, when - notice - violation, sanction of license
1. For purposes of this section, the following terms mean:
(1)"Health care provider", the same meaning given to the term in section 191.900;
(2)"Patient examination", a prostate, anal, or pelvic examination.
2. A health care provider, or any student or trainee under the supervision of a health care provider, shall not knowingly perform a patient examination upon an anesthetized or unconscious patient in a health care facility unless:
(1) The patient or a person authorized to make health care decisions for the patient has given specific informed consent to the patient examination for nonmedical purposes;
(2) The patient examination is necessary for diagnostic or treatment purposes;
(3) The collection of evidence through a forensic examination, as defined in and under subsection 8 of section 595.220, for a suspected sexual assault on the anesthetized or unconscious patient is necessary because the evidence will be lost or because the patient is unable to give informed consent due to a medical condition; or
(4) Circumstances are present that and which imply consent, as described in section 431.063.
3. A health care provider shall notify a patient of any patient examination performed under subdivisions (2) to (4) of subsection 2 of this section if the patient is unable to give verbal or written consent.
4. A health care provider who violates the provisions of this section, or who supervises a student or trainee who violates the provisions of this section, shall be subject to discipline by any licensing board that licenses the health care provider.

§ 191.240, RSMo

Added by 2023 Mo. Laws, HB 402,s A, eff. 8/28/2023.
Added by 2023 Mo. Laws, SB 106,s A, eff. 8/28/2023.
Added by 2023 Mo. Laws, SB 45,s A, eff. 8/28/2023.