"Patient examination" means a medical examination that requires contact with the patient's sexual organs.
(2)
A health care provider may not perform a patient examination on an anesthetized or unconscious patient unless:
(a)
the health care provider obtains consent from the patient or the patient's representative in accordance with Subsection (3);
(b)
a court orders performance of the patient examination for the collection of evidence;
(c)
the performance of the patient examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(d)
the patient examination is immediately necessary for diagnosis or treatment of the patient.
(3)
To obtain consent to perform a patient examination on an anesthetized or unconscious patient, before performing the patient examination, the health care provider shall:
(a)
provide the patient or the patient's representative with a written or electronic document that:
(i)
is provided separately from any other notice or agreement;
(ii)
contains the following heading at the top of the document in not smaller than 18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
(iii)
specifies the nature and purpose of the patient examination;
(iv)
names one or more primary health care providers whom the patient or the patient's representative may authorize to perform the patient examination;
(v)
states whether there may be a student or resident that the patient or the patient's representative authorizes to:
(A)
perform an additional patient examination; or
(B)
observe or otherwise be present at the patient examination, either in person or through electronic means; and
(vi)
provides the patient or the patient's representative with a series of check boxes that allow the patient or the patient's representative to:
(A)
consent to the patient examination for diagnosis or treatment and an additional patient examination performed by a student or resident for an educational or training purpose;
(B)
consent to the patient examination only for diagnosis or treatment; or
(C)
refuse to consent to the patient examination;
(b)
obtain the signature of the patient or the patient's representative on the written or electronic document while witnessed by a third party; and
(c)
sign the written or electronic document.
Amended by Chapter 310, 2023 General Session Amended by Chapter 328, 2023 General Session
Section 58-1-509 ("Patient consent for certain medical examinations.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 58-1-509?
A common citation format is "Utah Code § 58-1-509" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 58-1-509 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
