SENATE BILL REPORT

SB 5282

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Requires health care providers to obtain informed consent before performing a pelvic exam on an anesthetized patient.
Subjects a provider who fails to obtain proper consent to discipline under the Uniform Disciplinary Act.

Background: Informed Consent. A health care provider must obtain informed consent from a patient or the patient's representative before performing medical treatment. Informed consent is the process by which the treating health care provider discloses information to a patient or the patient's representative so that the patient may make a voluntary choice to accept or refuse treatment. Informed consent generally includes a discussion of the following elements:

the nature of the decision or procedure proposed by the provider;

reasonable alternatives to the proposed intervention;

the relevant risks, benefits, and uncertainties related to each alternative;

assessment of patient understanding; and

the acceptance of the intervention by the patient.

Uniform Disciplinary Act. The Uniform Disciplinary Act (Act) is a standardized set of procedures for enforcing laws concerning licensure and misconduct of licensed health care professionals. The Act includes the list of acts that constitute unprofessional conduct. All licensed health care professionals are subject to the Act.

Summary of Bill: A licensed health care provider may not perform or authorize a student practicing under their authority to perform a pelvic examination on a patient who is anesthetized or unconscious unless:

the patient or the patient's representative provides informed consent;
the examination is necessary for diagnostic or treatment purposes; or
a court orders the examination for the purpose of evidence collection.

A provider who violates this act is subject to discipline pursuant to the Uniform Disciplinary Act.

Staff Summary of Public Testimony: PRO: While the practice is not widespread in Washington, it is important that all people have the opportunity to provide informed consent before a provider conducts any procedure or examination.

CON: The concept of the bill is good, but the provision allowing examinations pursuant to a court order is potentially harmful to sexual assault survivors and courts do not have the authority to issue such orders. The inclusion of the provision could discourage reporting and erode trust in the medical profession.