C.R.S. Section 12-30-122
Intimate examination of sedated or unconscious patient

  • informed consent required
  • definitions

[Editor’s note:
This section is effective January 1, 2024.]
(1)(a)(I) Except as provided in subsection (1)(b) of this section, neither a licensee nor a student or trainee under the supervision of a licensee shall perform an intimate examination of a sedated or unconscious patient unless the patient has provided specific informed consent to the examination in accordance with subsection (2) of this section.

(II)

In addition to the requirement to obtain a patient’s specific informed consent, a student or trainee may perform an intimate examination of a sedated or unconscious patient for educational or training purposes only if:

(A)

The examination is related to the planned procedure to be performed on the patient;

(B)

The student or trainee has been introduced to the patient as part of the patient’s care team, and the student’s or trainee’s role in performing an intimate examination for educational or training purposes has been shared with the patient; and

(C)

The student or trainee is under the direct supervision of the licensee responsible for supervising the student or trainee.

(b)

The requirements of subsection (1)(a) of this section do not apply to:

(I)

A licensee who performs an intimate examination of a patient who is sedated or unconscious without obtaining the patient’s specific informed consent in emergency situations when the intimate examination is medically necessary for the life or well-being of the patient, but the licensee must make a record of performing the examination without obtaining the patient’s specific informed consent, including an explanation of the reason for not obtaining the patient’s consent, and the record must be provided to the patient prior to discharge; or

(II)

A licensee who has obtained the patient’s consent to provide health care that includes an intimate examination if the licensee has informed the patient of the intimate examination in the course of obtaining the patient’s consent to the health care.

(2)

To obtain specific informed consent to perform an intimate examination on a sedated or unconscious patient, a licensee shall, during a preoperative appointment before the procedure at which the examination will be performed or, in the absence of a preoperative appointment, as soon as possible before the intimate examination occurs:

(a)

Provide a written or electronic document to the patient, separate from any other notice or agreement, that:

(I)

Includes the following heading at the top of the document, in no smaller than eighteen-point, bold-faced type:
“CONSENT FOR EXAMINATION OF BREASTS, PELVIC REGION, RECTUM, AND/OR PROSTATE”
;

(II)

Specifies the nature and purpose of the intimate examination;

(III)

Names one or more licensees whom the patient may authorize to perform the intimate examination;

(IV)

States whether there may be one or more students or trainees whom the patient may authorize to perform an intimate examination for educational or training purposes or to observe or otherwise be present at the examination, either in person or through electronic means, and identifies the students or trainees by name; and

(V)

Provides the patient the ability to consent to or decline the following:

(A)

An intimate examination for diagnosis or treatment, to be performed by a licensee;

(B)

An intimate examination for educational or training purposes, to be performed by a licensee; and

(C)

One or more, but no more than three, additional intimate examinations for educational or training purposes, to be performed by up to three different students or trainees;

(b)

Obtain the signature of the patient on the written or electronic document; and

(c)

Sign the written or electronic document.

(3)

Intentionally left blank —Ed.

(a)

For purposes of complying with subsection (2) of this section, a licensee may:

(I)

Develop and use its own written or electronic document, so long as the document satisfies the requirements of subsection (2) of this section; or

(II)

Use a written or electronic document developed by the licensed health-care facility where the licensee will be performing the intimate examination or developed by the department of public health and environment, in accordance with section 25-3-130 (3), for use by health-care providers, so long as the document satisfies the requirements of subsection (2) of this section.

(b)

The licensee shall make the completed, signed specific informed consent document available to the patient.

(4)

Intentionally left blank —Ed.

(a)

A licensee, student, or trainee who violates this section, or who retaliates against an individual, including a whistleblower, for filing a complaint regarding a violation of this section with the regulator of the licensee, student, or trainee or with the department of public health and environment or for otherwise complaining to the licensed health-care facility where the patient received an intimate examination or to any other person, engages in unprofessional conduct, commits an act that is grounds for discipline, and is subject to discipline pursuant to section 12-225-109, 12-240-121, or 12-255-120, as applicable.

(b)

A patient who has been subjected to an intimate examination in violation of this section may file a civil action for damages in a court of competent jurisdiction. Such action is not a medical malpractice action, and the limitation on damages for noneconomic loss or injury established pursuant to section 13-21-102.5 applies to any award to the patient for noneconomic damages.

(5)

Nothing in this section affects the ability to perform a medical forensic examination, including the collection of evidence, in connection with an alleged sexual assault or other crime or the investigation of an alleged sexual assault or other crime, pursuant to applicable laws.

(6)

As used in this section:

(a)

“Health-care provider” means a licensee or a licensed health-care facility where a patient is receiving care.

(b)

Intentionally left blank —Ed.

(I)

“Intimate examination” means palpation of a breast or an internal pelvic, prostate, or rectal examination.

(II)

“Intimate examination” does not include a visual examination of a part of the body specified in subsection (6)(b)(I) of this section that occurs incidental to the care being provided.

(c)

“Licensed health-care facility” means a health-care facility licensed or certified by the department of public health and environment pursuant to section 25-1.5-103 (1)(a) and includes an individual authorized to act on behalf of the health-care facility.

(d)

“Licensee” means:

(I)

A physician or physician assistant licensed pursuant to article 240 of this title 12;

(II)

A person who holds a physician training license issued pursuant to section 12-240-128 and is:

(A)

A resident enrolled in an approved residency, as defined in section 12-240-104 (4);

(B)

An intern enrolled in an approved internship, as defined in section 12-240-104 (2); or

(C)

A fellow enrolled in an approved fellowship, as defined in section 12-240-104 (1);

(III)

An advanced practice registered nurse, as defined in section 12-255-104 (1); a registered nurse, as defined in section 12-255-104 (11); or a midwife, other than a direct-entry midwife or certified nurse midwife, practicing in this state whose scope of practice includes performing intimate examinations; or

(IV)

A direct-entry midwife registered pursuant to article 225 of this title 12.

(e)

“Patient” means an individual under the care of a health-care provider or the patient’s authorized representative.

(f)

“Patient’s authorized representative” means an individual who is authorized to make health-care decisions for or exercise rights on behalf of the patient, including, for a patient who is under eighteen years of age, the parent or legal guardian of, or the individual standing in loco parentis to, the patient.

(g)

“Regulator” means:

(I)

For licensees described in subsections (6)(d)(I) and (6)(d)(II) of this section, the Colorado medical board created in section 12-240-105;

(II)

For licensees described in subsection (6)(d)(III) of this section, the state board of nursing created in section 12-255-105; and

(III)

For licensees described in subsection (6)(d)(IV) of this section, the director.

(h)

“Student” means an individual currently enrolled in:

(I)

An approved medical college, as defined in section 12-240-104 (3);

(II)

An approved education program, as defined in section 12-255-104 (2), for professional nursing; or

(III)

A training program approved by the director, as described in section 12-225-104 (4)(c).
(i)
“Trainee” means an individual enrolled in or otherwise participating in training, practical experience, practicum, or any other experiential or clinical program that is required pursuant to article 225, 240, or 255 of this title 12 for the individual to become a licensee.

(j)

“Whistleblower” means an individual who has knowledge of an alleged violation of this section.

Source: Section 12-30-122 — Intimate examination of sedated or unconscious patient - informed consent required - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑30‑101
Scope
12‑30‑102
Medical transparency act of 2010 - disclosure of information about health-care providers - fines - rules - short title - legislative declaration - review of functions - repeal
12‑30‑103
Solicitation of accident victims - waiting period - definitions
12‑30‑104
Health-care prescriber boards - disciplinary procedures - definitions
12‑30‑105
Nurse-physician advisory task force for Colorado health care - creation - duties - definition - repeal
12‑30‑106
Health-care work force data collection
12‑30‑107
Mammography report - dense breast tissue - required notice
12‑30‑108
Confidential agreement to limit practice - violation grounds for discipline
12‑30‑109
Prescriptions - limitations - definition - rules
12‑30‑109.5
Prescription drugs for treatment of chronic pain - patients - prescribers - definitions
12‑30‑110
Prescribing or dispensing opiate antagonists - authorized recipients - definitions
12‑30‑111
Electronic prescribing of controlled substances - exceptions - rules - definitions
12‑30‑112
Health-care providers - required disclosures - balance billing - deceptive trade practice - rules - definitions
12‑30‑113
Out-of-network health-care providers - out-of-network services - billing - payment - deceptive trade practice
12‑30‑114
Demonstrated competency - opiate prescribers - rules - definition
12‑30‑115
Required disclosure to patients - conviction of or discipline based on sexual misconduct - signed agreement to treatment - exceptions - violation grounds for discipline - rules - definitions
12‑30‑116
Protection for administering medical marijuana at school
12‑30‑117
Acceptance of patients enrolled in standardized plan - acceptance of reimbursement rate requirements
12‑30‑118
Acceptance of transfers from home and birthing centers
12‑30‑119
Culturally relevant and affirming health-care training - health-care providers - grants - definition
12‑30‑120
Unprofessional conduct - grounds for discipline - offering medication abortion reversal - definitions - rules
12‑30‑121
Legally protected health-care activity - prohibit adverse action against regulated professionals and applicants - definitions
12‑30‑122
Intimate examination of sedated or unconscious patient - informed consent required - definitions
12‑30‑201
Legislative declaration
12‑30‑202
Definitions
12‑30‑203
Use of professional review committees
12‑30‑204
Establishment of professional review committees - function - rules
12‑30‑205
Hospital professional review committees
12‑30‑206
Governing boards to register with division - annual reports - aggregation and publication of data - definition - rules
12‑30‑207
Immunity from liability
12‑30‑208
Conformance with federal law and regulation - legislative declaration - rules - limitations on liability - definition
12‑30‑209
Repeal of part - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 12-30-122’s source at colorado​.gov