Ohio § 4723.93

§ 4723.93.

(A) As used in this section, “ intimate examination ” means a pelvic, prostate, or rectal examination. (B) Except as provided in division (C) of this section, a registered nurse, including

an advanced practice registered nurse, or a student currently enrolled in and actively

pursuing completion of a registered nursing program, including an advanced practice

registered nursing education program, shall not perform, or authorize another individual

to perform, an intimate examination on an anesthetized or unconscious patient. (C) Division (B) of this section does not apply in any of the following circumstances: (1) The performance of an intimate examination is within the scope of care for the surgical

procedure or diagnostic examination to be performed on the patient. (2) The patient or the patient's legal representative gives specific, informed consent

for the intimate examination, consistent with division (D) of this section. (3) An intimate examination is required for diagnostic purposes or treatment of the patient's

medical condition. (4) The intimate examination is conducted by a sexual assault nurse examiner, as certified

by the international association of forensic nurses or as otherwise qualified to conduct

the examination, for the purpose of collecting evidence and documenting injuries. (D) To obtain informed consent for purposes of division (C)(2) of this section, the advanced

practice registered nurse shall do all of the following: (1) Provide the patient or the patient's legal representative with a written or electronic

informed consent form that meets all of the following requirements: (a) Is a separate consent form or is included as a distinct or separate section of a

general consent form; (b) Contains the following heading at the top of the form or section:  “CONSENT FOR INTIMATE

EXAMINATION”; (c) Specifies the nature and purpose of the intimate examination; (d) Informs the patient or the patient's legal representative that a student may be present

if the patient or the patient's legal representative authorizes a student to perform

or observe the intimate examination in person or through electronic means; (e) Allows the patient or the patient's legal representative the opportunity to consent

to or refuse the intimate examination; (f) Permits a patient or the patient's legal representative who consents to an intimate

examination to consent to or refuse a student performing the intimate examination

or observing the intimate examination in person or through electronic means. (2) Provide the patient or the patient's legal representative with a meaningful opportunity

to ask questions about the intimate examination; (3) Obtain the signature of the patient or the patient's legal representative on the

informed consent form; (4) Sign the informed consent form.