BILL NUMBER: AB 663	CHAPTERED
	BILL TEXT

	CHAPTER  644
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2003
	APPROVED BY GOVERNOR  OCTOBER 1, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2003
	PASSED THE SENATE  AUGUST 27, 2003
	AMENDED IN SENATE  AUGUST 18, 2003
	AMENDED IN SENATE  JULY 14, 2003
	AMENDED IN SENATE  JUNE 30, 2003

INTRODUCED BY   Assembly Member Lieber

                        FEBRUARY 19, 2003

   An act to add Section 2281 to the Business and Professions Code,
relating to the healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 663, Lieber.  Pelvic examinations.
   Existing law, the Medical Practice Act, establishes training and
education requirements for issuance of a physician's and surgeon's
certificate.  The act also prohibits certain practices and makes the
violation of those provisions by any person a misdemeanor.
   This bill would prohibit a physician and surgeon and a medical
student from performing a pelvic examination on an anesthetized or
unconscious patient unless the patient has given informed consent to
the pelvic examination, the pelvic examination is within the
specified scope of care, or, if the patient is unconscious, the
pelvic examination is required for diagnostic purposes. Because the
bill would specify a prohibited practice, the violation of which
would be a crime, it would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds that, according to an article in
the Wall Street Journal on March 12, 2003, medical students often are
allowed by their training physicians to practice pelvic examinations
in operating rooms on a patient who is unconscious and has not given
explicit consent to the examination.  Pursuant to the practice, the
training physician performs the examination first, and the medical
student repeats the examination.
  SEC. 2.  Section 2281 is added to the Business and Professions
Code, to read:
   2281.  A physician and surgeon or a student undertaking a course
of professional instruction or a clinical training program, may not
perform a pelvic examination on an anesthetized or unconscious female
  patient unless the patient gave informed consent to the pelvic
examination, or the performance of a pelvic examination is within the
scope of care for the surgical procedure or diagnostic examination
to be performed on the patient or, in the case of an unconscious
patient, the pelvic examination is required for diagnostic purposes.

  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.