Today's Law As Amended


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AB-663 Pelvic examinations.(2003-2004)



As Amends the Law Today


SECTION 1.
 The Legislature finds that, according to an article in the Wall Street Journal on March 12, 2003, medical students often are allowed by their training physicians to practice pelvic examinations in operating rooms on a patient who is unconscious and has not given explicit consent to the examination. Pursuant to the practice, the training physician performs the examination first, and the medical student repeats the examination.

SEC. 2.

 Section 2281 is added to the Business and Professions Code, to read:

2281.
 A physician and surgeon or a student undertaking a course of professional instruction or a clinical training program, may not perform a pelvic examination on an anesthetized or unconscious female patient unless the patient gave informed consent to the pelvic examination, or the performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination to be performed on the patient or, in the case of an unconscious patient, the pelvic examination is required for diagnostic purposes.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.