Mont. Code § 37-2-306

Current through the 2023 Regular Session
Section 37-2-306 - Performance of sensitive medical examinations - informed consent required
(1) A person licensed or certified under this title to provide health care may not knowingly perform or supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious unless:
(a) the patient or a person authorized to make health care decisions for the patient has provided specific informed consent to the examination;
(b) the examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(c) an emergency exists, it is impracticable to obtain consent, and the examination is necessary for diagnostic or treatment purposes.
(2) Violation of subsection (1) constitutes unprofessional conduct.

§ 37-2-306, MCA

Added by Laws 2023, Ch. 197,Sec. 1, eff. 10/1/2023.