00                            HOUSE BILL NO. 248                                                                          
01 "An Act establishing liability for failure to obtain consent for a pelvic examination."                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 09.55 is amended by adding a new section to read:                                                  
04 Sec. 09.55.557. Failure to obtain consent for a pelvic examination. A health                                          
05 care provider or student receiving instruction or participating in clinical training or a                               
06 residency program to be a health care provider is liable for failure to obtain consent for                              
07 a pelvic examination if the provider or student performs a pelvic examination on an                                     
08       anesthetized or unconscious patient, unless                                                                       
09                 (1)  the patient or patient's representative consented to the examination                               
10       after receiving a consent form separate from any other document, with the following                               
11       language printed at the top of the document in not smaller than 20-point bold face                                
12       type: "CONSENT FOR EXAMINATION OF THE PELVIC REGION"; and                                                         
13 (2)  the health care provider performing the pelvic examination or, if                                                  
14 performed by a student, the student performing the pelvic examination and the person                                    
15 supervising the student have personal knowledge that the patient or patient's                                           

01       representative consented to the pelvic examination.                                                               
02    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
03 read:                                                                                                                   
04       APPLICABILITY. AS 09.55.557, enacted by sec. 1 of this Act, applies to pelvic                                     
05 examinations performed on or after the effective date of this Act.