Utah Code 58-1-509. Patient consent for certain medical examinations
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(1) As used in this section:
Terms Used In Utah Code 58-1-509
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
(1)(a) “Health care provider” means:(1)(a)(i) an individual who is:(1)(a)(i)(A) a healthcare provider as defined in Section 78B-3-403; and(1)(a)(i)(B) licensed under this title;(1)(a)(ii) emergency medical service personnel as defined in Section 53-2d-101; or(1)(a)(iii) an individual described in Subsection 58-1-307(1)(b) or (c).(1)(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:
(2)(a) the health care provider obtains consent from the patient or the patient’s representative in accordance with Subsection (3);
(2)(b) a court orders performance of the patient examination for the collection of evidence;
(2)(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
(2)(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:
(3)(a) provide the patient or the patient’s representative with a written or electronic document that:
(3)(a)(i) is provided separately from any other notice or agreement;
(3)(a)(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”;
(3)(a)(iii) specifies the nature and purpose of the patient examination;
(3)(a)(iv) names one or more primary health care providers whom the patient or the patient’s representative may authorize to perform the patient examination;
(3)(a)(v) states whether there may be a student or resident that the patient or the patient’s representative authorizes to:
(3)(a)(v)(A) perform an additional patient examination; or
(3)(a)(v)(B) observe or otherwise be present at the patient examination, either in person or through electronic means; and
(3)(a)(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:
(3)(a)(vi)(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;
(3)(a)(vi)(B) consent to the patient examination only for diagnosis or treatment; or
(3)(a)(vi)(C) refuse to consent to the patient examination;
(3)(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
(3)(c) sign the written or electronic document.