Sec. 167A.002.  LIMITATIONS ON CERTAIN PELVIC EXAMINATIONS.  (a)  A health care practitioner may not perform or delegate to another individual, including a student training to become a health care practitioner, the performance of a pelvic examination on an anesthetized or unconscious patient unless:
(1)  the pelvic examination is within the standard scope of a procedure or diagnostic examination scheduled to be performed on the patient;
(2)  the patient or the patient's legally authorized representative gives informed consent for the pelvic examination as provided by Subsection (b); 
(3)  the pelvic examination is necessary for diagnosis or treatment of the patient's medical condition; or
(4)  the pelvic examination is for the purpose of collecting evidence.
(b)  To obtain informed consent to perform a pelvic examination on an unconscious or anesthetized patient, a health care practitioner must:
(1)  provide the patient or the patient's legally authorized representative with a written or electronic informed consent form that:
(A)  may be included as a distinct or separate section of a general informed consent form; 
(B)  contains the following heading at the top of the form in at least 18-point boldface type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
(C)  specifies the nature and purpose of the pelvic examination; 
(D)  informs the patient or the patient's legally authorized representative that a medical student or resident may be present if the patient or the patient's legally authorized representative authorizes the student or resident to:  
(i)  perform the pelvic examination; or 
(ii)  observe or otherwise be present at the pelvic examination, either in person or through electronic means; 
(E)  allows the patient or the patient's legally authorized representative the opportunity to consent to or refuse to consent to the pelvic examination; and
(F)  allows a patient or a patient's legally authorized representative that consents to a pelvic examination under Paragraph (E) the opportunity to authorize or refuse to authorize: 
(i)  a medical student or resident to perform the pelvic examination; or
(ii)  a medical student or resident to observe or otherwise be present at the pelvic examination, either in person or through electronic means;
(2)  obtain the signature of the patient or the patient's legally authorized representative on the informed consent form; and
(3)  sign the informed consent form. 
Added by Acts 2021, 87th Leg., R.S., Ch. 251 (H.B. 1434), Sec. 1, eff. September 1, 2021.