Section 58-1-509 - [Effective Until 7/1/2024] Patient consent for certain medical examinations(1) As used in this section:(a) "Health care provider" means:(i) an individual who is:(A) a healthcare provider as defined in Section 78B-3-403; and(B) licensed under this title;(ii) emergency medical service personnel as defined in Section 26B-4-101; or(iii) an individual described in Subsection 58-1-307(1)(b) or (c).(b) "Patient examination" means a medical examination that requires contact with the patient's sexual organs.(2) A health care provider may not perform a patient examination on an anesthetized or unconscious patient unless: (a) the health care provider obtains consent from the patient or the patient's representative in accordance with Subsection (3);(b) a court orders performance of the patient examination for the collection of evidence;(c) the performance of the patient examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or(d) the patient examination is immediately necessary for diagnosis or treatment of the patient.(3) To obtain consent to perform a patient examination on an anesthetized or unconscious patient, before performing the patient examination, the health care provider shall:(a) provide the patient or the patient's representative with a written or electronic document that:(i) is provided separately from any other notice or agreement;(ii) contains the following heading at the top of the document in not smaller than 18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION";(iii) specifies the nature and purpose of the patient examination;(iv) names one or more primary health care providers whom the patient or the patient's representative may authorize to perform the patient examination;(v) states whether there may be a student or resident that the patient or the patient's representative authorizes to: (A) perform an additional patient examination; or(B) observe or otherwise be present at the patient examination, either in person or through electronic means; and(vi) provides the patient or the patient's representative with a series of check boxes that allow the patient or the patient's representative to: (A) consent to the patient examination for diagnosis or treatment and an additional patient examination performed by a student or resident for an educational or training purpose;(B) consent to the patient examination only for diagnosis or treatment; or(C) refuse to consent to the patient examination;(b) obtain the signature of the patient or the patient's representative on the written or electronic document while witnessed by a third party; and(c) sign the written or electronic document.Amended by Chapter 328, 2023 General Session ,§ 122, eff. 5/3/2023.Added by Chapter 346, 2019 General Session ,§ 2, eff. 5/14/2019.This section is set out more than once due to postponed, multiple, or conflicting amendments.