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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
informed consent; pelvic examinations
Purpose
Establishes that it is an act of unprofessional conduct to perform or supervise a pelvic examination on an anesthetized or unconscious patient without first obtaining the patient's informed consent, with specified exemptions.
Background
In Arizona, health professions are regulated by specific health regulatory boards who are generally tasked with verifying perspective licensees' qualifications, licensing qualified applicants and administering disciplinary action to health professionals.
For
example, the Arizona Medical Board (AMB) is responsible for protecting the
public from unlawful, incompetent, unqualified, impaired or unprofessional
practitioners of allopathic medicine. Statute designates the following as acts
of unprofessional conduct for AMB licensees: 1) violating federal or state law,
rule or regulation related to the practice of medicine;
2) intentionally disclosing a professional secret or privileged communication;
3) committing false, fraudulent or deceptive advertising; 4) committing any
felony or a misdemeanor that involves moral turpitude; 5) using experimental
forms of diagnosis and treatment without adequate informed patient consent and
without conforming to generally accepted criteria; and 6) committing conduct
that the AMB determines is gross malpractice, repeated malpractice or any
malpractice resulting in the death of a patient (A.R.S. §§ 32-1401
and 32-1403).
Additionally, the Arizona Board of Nursing (AZBN) regulates the nursing profession in Arizona. If the AZBN determines that a licensed or certified nurse has committed an act of unprofessional conduct, it is authorized to impose disciplinary action, including probation, suspension or revocation of the license or certificate. Statute delineates the following acts as unprofessional conduct: 1) committing fraud or deceit in obtaining, attempting to obtain or renewing a license certificate; 2) committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude; 3) any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public; 4) committing an act that deceives, defrauds or harms the public; and 5) failing to report any evidence that a nurse or a nursing assistant may be guilty of unprofessional conduct (A.R.S. § 32-1601).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Designates that it is unprofessional conduct for a licensed physician, nurse practitioner or physician's assistant to perform or supervise a pelvic examination on an anesthetized or unconscious patient without first obtaining the patient's informed consent, unless the examination is:
a) within the scope of the surgical procedure or diagnostic examination performed on the patient for which informed consent has been obtained;
b) in the case of an unconscious patient, required for diagnostic purposes and medically necessary; or
c) a forensic medical examination requested by law enforcement arising out of the need to secure evidence that the patient has been the victim of a criminal offense.
2. Becomes effective on the general effective date.
Prepared by Senate Research
January 11, 2021
CRS/JP/kja