SPRINGFIELD, Mo. — On Friday, July 7, Governor Mike Parson signed Senate Bill 106 into law, in part requiring healthcare providers to acquire consent for medical exams while the patient is unconscious or under anesthesia.
Under this new law, healthcare providers and students under a healthcare provider’s supervision will not be allowed to perform medical examinations, defined as a prostate, anal, or pelvic examination, on unconscious or anesthetized patients except in a few specific circumstances.
As explained in Senate Bill 106, section 191.240, these circumstances include:
If the patient or person authorized to make health care decisions for the patient gives specific informed consent for nonmedical purposes.
If the patient examination is necessary for diagnostic or treatment purposes.
If the collection of evidence through a forensic examination for a suspected sexual assault is necessary because the evidence will be lost or the patient is unable to give informed consent due to a medical condition.
If emergency-implied consent, as described in the act, is present. A healthcare provider shall notify a patient of any such examination performed.
Healthcare providers in violation of these provisions will be subject to disciplinary action by the provider’s licensing board.
Map of US states with laws banning unauthorized medical exams on unconscious or anesthetized patients.
Missouri State Senator Lauren Arthur (D) of District 17 sponsored the bill, along with co-sponsor Senator Holly Thompson Rehder (R) of District 27.
According to AP News, over 20 states already have legislation in place banning healthcare providers from performing these exams without consent, and Ohio’s bill to ban these practices has been sent to the Governor to be signed. 52% of states, however, do not have provisions banning these exams.
SB 106 also includes provisions for the expansion of Medicaid benefits for pregnant and postpartum women. Previously, women were covered until 60 days postpartum. Under the new law, their benefits will extend to one year postpartum.
Additionally, the new law has a section prohibiting the requirement of a referral prior to mammogram screenings.