An Act To Prohibit, Except in Emergency Situations, the Performance without Consent of Pelvic Examinations on Unconscious or Anesthetized Patients
Maine Legislature, Session 129, LD 1948
Committee: Health Coverage, Insurance and Financial Services
Sponsors: DOUDERA, SANBORN, CRAVEN, FARNSWORTH, MATLACK, TERRY, CHIPMAN, MIRAMANT
Amends: 32 MRSA §2600-G, 32 MRSA §3300-J

Legislative Document
No. 1948
H.P. 1392
House of Representatives, January 8, 2020
An Act To Prohibit, Except in Emergency Situations, the 
Performance without Consent of Pelvic Examinations on 
Unconscious or Anesthetized Patients
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Senator SANBORN, H. of Cumberland and
Representatives: CRAVEN of Lewiston, FARNSWORTH of Portland, MATLACK of St. 
George, McCREIGHT of Harpswell, TERRY of Gorham, Senators: CHIPMAN of 
Cumberland, MIRAMANT of Knox, SANBORN, L. of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §2600-G is enacted to read:
§2600-G.  Informed consent for pelvic examination on anesthetized or unconscious 
patient
An individual licensed under this chapter may not perform a pelvic examination or 
supervise a pelvic examination performed by an individual practicing under the 
supervision of the licensee on an anesthetized or unconscious patient without first 
obtaining the patient's informed consent to the pelvic examination, unless:
1.  Scope of procedure or examination.  The performance of a pelvic examination is 
within the scope of the surgical procedure or diagnostic examination to be performed on 
the patient for which informed consent has otherwise been obtained;
2.  Unconscious patient; diagnostic purposes and medically necessary.  In the 
case of an unconscious patient, the pelvic examination is required for diagnostic purposes 
and is medically necessary; or
3.  Examination on unconscious alleged victim of sexual assault.  The licensee is 
authorized to perform the pelvic examination pursuant to Title 24, section 2986, 
subsection 5.
Sec. 2.  32 MRSA §3300-J is enacted to read:
§3300-J.  Informed consent for pelvic examination on anesthetized or unconscious 
patient
An individual licensed under this chapter may not perform a pelvic examination or 
supervise a pelvic examination performed by an individual practicing under the 
supervision of the licensee on an anesthetized or unconscious patient without first 
obtaining the patient's informed consent to the pelvic examination, unless:
1.  Scope of procedure or examination.  The performance of a pelvic examination is 
within the scope of the surgical procedure or diagnostic examination to be performed on 
the patient for which informed consent has otherwise been obtained;
2.  Unconscious patient; diagnostic purposes and medically necessary.  In the 
case of an unconscious patient, the pelvic examination is required for diagnostic purposes 
and is medically necessary; or
3.  Examination on unconscious alleged victim of sexual assault.  The licensee is 
authorized to perform the pelvic examination pursuant to Title 24, section 2986, 
subsection 5.
SUMMARY
This bill provides that, prior to administering or supervising a pelvic examination on 
an anesthetized or unconscious patient, a physician must obtain the patient's informed 
consent to the pelvic examination unless the examination is within the scope of the 
procedure or examination for which the patient has already consented, the pelvic 
examination of an unconscious patient is required for diagnostic purposes and is 
medically necessary or the pelvic examination is authorized pursuant to the implied 
consent provision in the Maine Health Security Act relating to forensic examinations of 
unconscious alleged victims of sexual assault.