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.