58-1-509. Patient consent for certain medical examinations.
(1) As used in this section: "Health care provider" means: an individual who is: a healthcare provider as defined in Section; and 78B-3-403 licensed under this title; emergency medical service personnel as defined in Section; or 53-2d-101 an individual described in Subsectionor. 58-1-307(1)(b) (c) "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: the health care provider obtains consent from the patient or the patient's representative in accordance with Subsection; (3) a court orders performance of the patient examination for the collection of evidence; 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 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: provide the patient or the patient's representative with a written or electronic document that: is provided separately from any other notice or agreement; 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"; specifies the nature and purpose of the patient examination; names one or more primary health care providers whom the patient or the patient's representative may authorize to perform the patient examination; states whether there may be a student or resident that the patient or the patient's representative authorizes to: perform an additional patient examination; or observe or otherwise be present at the patient examination, either in person or through electronic means; and provides the patient or the patient's representative with a series of check boxes that allow the patient or the patient's representative to: 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; consent to the patient examination only for diagnosis or treatment; or refuse to consent to the patient examination; obtain the signature of the patient or the patient's representative on the written or electronic document while witnessed by a third party; and sign the written or electronic document.