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CO HB1077

Bill

Status

Passed

5/25/2023

Primary Sponsor

Lorena Garcia

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • Requires healthcare licensees and students/trainees to obtain specific written informed consent before performing intimate examinations (breast palpation, pelvic, prostate, or rectal) on sedated or unconscious patients, with exceptions for emergencies and previously consented procedures

  • Mandates a separate consent form with 18-point bold heading stating "CONSENT FOR EXAMINATION OF BREASTS, PELVIC REGION, RECTUM, AND/OR PROSTATE" that specifies the examination purpose, identifies performing providers by name, and allows patients to consent or decline each type of examination

  • Permits students and trainees to perform intimate examinations for educational purposes only if the examination relates to the planned procedure, the student/trainee was introduced to the patient as part of the care team, and performs under direct supervision; limits to no more than three educational examinations by different trainees

  • Establishes that violations constitute unprofessional conduct and grounds for disciplinary action; allows patients to file civil lawsuits for damages (non-medical malpractice actions) with medical malpractice damage caps applied to noneconomic awards

  • Appropriates $32,915 to the Department of Public Health and Environment for implementation and takes effect January 1, 2024, subject to potential referendum petition

Legislative Description

Informed Consent To Intimate Patient Examinations

Health Care & Health Insurance

Last Action

Governor Signed

5/25/2023

Committee Referrals

Committee of the Whole4/11/2023
Appropriations3/30/2023
Health and Human Services3/16/2023
Committee of the Whole3/10/2023
Health & Insurance1/19/2023

Full Bill Text

No bill text available