A physician, osteopathic physician, surgeon, or student participating in a course of instruction, residency program, or clinical training program shall not perform a pelvic examination on an anesthetized or unconscious female patient unless:

(1) The patient gives prior verbal or written informed consent to the pelvic examination;
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(2) The performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination scheduled to be performed on the patient; or
(3) The patient is unconscious and the pelvic examination is required for diagnostic purposes.

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