(1) As used in this section: (a) "Health care provider" means: (i) an individual who is: (A) a healthcare provider as defined in Section 78B-3-403; and (B) licensed under this title; (ii) emergency medical service personnel as defined in Section 53-2d-101; or (iii) an individual described in Subsection 58-1-307(1)(b) or (c). (b) "Patient examination" means a medical examination that requires contact with the patient's sexual organs. (2) A health care provider may not perform a patient examination on an anesthetized or unconscious patient unless: (a) the health care provider obtains consent from the patient or the patient's representative in accordance with Subsection (3); (b) a court orders performance of the patient examination for the collection of evidence; (c) the performance of the patient examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or (d) the patient examination is immediately necessary for diagnosis or treatment of the patient. (3) To obtain consent to perform a patient examination on an anesthetized or unconscious patient, before performing the patient examination, the health care provider shall: (a) provide the patient or the patient's representative with a written or electronic document that: (i) is provided separately from any other notice or agreement; (ii) contains the following heading at the top of the document in not smaller than 18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION"; (iii) specifies the nature and purpose of the patient examination; (iv) names one or more primary health care providers whom the patient or the patient's representative may authorize to perform the patient examination; (v) states whether there may be a student or resident that the patient or the patient's representative authorizes to: (A) perform an additional patient examination; or (B) observe or otherwise be present at the patient examination, either in person or through electronic means; and (vi) provides the patient or the patient's representative with a series of check boxes that allow the patient or the patient's representative to: (A) consent to the patient examination for diagnosis or treatment and an additional patient examination performed by a student or resident for an educational or training purpose; (B) consent to the patient examination only for diagnosis or treatment; or (C) refuse to consent to the patient examination; (b) obtain the signature of the patient or the patient's representative on the written or electronic document while witnessed by a third party; and (c) sign the written or electronic document.
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