2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 31 - MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR (MCARE) ACT - INFORMED CONSENT IN PELVIC, RECTAL AND PROSTATE EXAMINATIONS

Session of 2023
No. 2023-31
HB 507
AN ACT
Amending the act of March 20, 2002 (P.L.154, No.13), entitled "An act reforming the
            law on medical professional liability; providing for patient safety and reporting;
            establishing the Patient Safety Authority and the Patient Safety Trust Fund; abrogating
            regulations; providing for medical professional liability informed consent, damages,
            expert qualifications, limitations of actions and medical records; establishing the
            Interbranch Commission on Venue; providing for medical professional liability insurance;
            establishing the Medical Care Availability and Reduction of Error Fund; providing
            for medical professional liability claims; establishing the Joint Underwriting Association;
            regulating medical professional liability insurance; providing for medical licensure
            regulation; providing for administration; imposing penalties; and making repeals,"
            in medical professional liability, providing for informed consent in pelvic, rectal
            and prostate examinations.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  The act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability
            and Reduction of Error (Mcare) Act, is amended by adding a section to read:
Section 504.1.  Informed consent in pelvic, rectal and prostate examinations.
(a)  General rule.--A health care provider, in the course of participating in or overseeing
            a professional instruction or clinical training program, owes a duty to a patient
            to obtain specific informed consent, in verbal and written form, before knowingly
            performing any of the following examinations on a patient who is anesthetized or unconscious
            in a facility that provides health care services:
(1)  Pelvic examination.
(2)  Rectal examination.
(3)  Prostate examination.
(b)  Exceptions.--Subsection (a) does not apply if:
(1)  the examination is within the scope of care ordered for the patient; or
(2)  the examination is necessary in the case of a medical emergency for the purpose of
            diagnosis or treatment and the patient is incapable of providing specific informed
            consent.
(c)  Liability.--
(1)  A health care provider shall be liable under section 504 for a violation of this section.
            In the event that a student participating in and being overseen by a health care provider
            as part of the professional instruction or clinical training program violates this
            section, the health care provider overseeing the student's professional instruction
            or clinical training program shall be liable under section 504.
(2)  Notwithstanding paragraph (1), the university, educational institution or other corporate
            entity that hosts the professional instruction or clinical training program shall
            be liable to an individual damaged by a violation of this section for a $1,000 penalty.
            Nothing in this paragraph shall preclude or limit an individual from recovering any
            other damages from a university, educational institution or other corporate entity.
(d)  Delegation.--A health care provider may delegate the task of obtaining the specific
            informed consent of a patient to a qualified practitioner for an examination under
            subsection (a). For the purpose of this subsection, a qualified practitioner may not
            be a student participating in or being overseen by a health care provider as part
            of the professional instruction or clinical training program.
(e)  Definitions.--As used in this section, the following words and phrases shall have
            the meanings given to them in this subsection:
"Health care provider."  A primary health care center or a person, including a corporation, university or other
            educational institution licensed or approved by the Commonwealth to provide health
            care or professional medical services as a physician, a physician assistant, a certified
            registered nurse practitioner, a registered nurse under section 3 of the act of May
            22, 1951 (P.L.317, No.69), known as The Professional Nursing Law, who is authorized
            under the registered nurse's scope of practice to perform the procedure as delegated
            by the physician or a registered nurse authorized to administer anesthesia under 49
            Pa. Code § 21.17 (relating to anesthesia), a certified nurse midwife, a podiatrist,
            hospital, nursing home, birth center, ambulatory surgical facility and an officer,
            employee or agent of any of them acting in the course and scope of employment.
"Hospital."  An entity licensed as a hospital under the act of June 13, 1967 (P.L.31, No.21), known
            as the Human Services Code, or the act of July 19, 1979 (P.L.130, No.48), known as
            the Health Care Facilities Act.
"Patient."  A natural person who receives or should have received health care from a health care
            provider.
"Specific informed consent."  The consent of a patient to the performance of an examination in accordance with this
            section after the patient has received a description of the examination, the purpose
            for providing the examination and any risks or alternatives to the examination so
            that a reasonably prudent patient may make an informed decision as to the examination.
Section 2.  This act shall take effect in 60 days.
APPROVED--The 21st day of November, A.D. 2023.
JOSH SHAPIRO