Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Health Care & Wellness Committee |
ESB 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 Description: Requiring informed consent for pelvic exams.
Sponsors: Senators Liias, Cleveland, Darneille, Short, Kuderer, Walsh, Brown, Randall, Dhingra, Rolfes, Billig, Das, Hunt, Keiser and Pedersen.
Brief Summary of Engrossed Bill |
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Hearing Date: 2/12/20
Staff: Kim Weidenaar (786-7120).
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 (UDA) is a standardized set of procedures for enforcing laws concerning licensure and misconduct of licensed health care professionals. The UDA includes the list of acts that constitute unprofessional conduct. All licensed health care professionals are subject to the UDA.
Summary of Bill:
A licensed health care provider may not perform or authorize a student practicing under the provider's 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; or
the examination is necessary for diagnostic or treatment purposes.
A provider who violates this act is subject to discipline pursuant to the UDA.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.