37-2-306. Performance of sensitive medical examinations -- informed consent required, MCA

Montana Code Annotated 2023

TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 2. GENERAL PROVISIONS RELATING TO HEALTH CARE PRACTITIONERS

Part 3. Miscellaneous Provisions

Performance Of Sensitive Medical Examinations -- Informed Consent Required

37-2-306. Performance of sensitive medical examinations -- informed consent required. (1) A person licensed or certified under this title to provide health care may not knowingly perform or supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious unless:

(a) the patient or a person authorized to make health care decisions for the patient has provided specific informed consent to the examination;

(b) the examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or

(c) an emergency exists, it is impracticable to obtain consent, and the examination is necessary for diagnostic or treatment purposes.

(2) Violation of subsection (1) constitutes unprofessional conduct.

History: En. Sec. 1, Ch. 197, L. 2023.