(a) A parent, guardian or other caretaker, or an adult staff member, shall be present
when a person licensed under this chapter provides outpatient treatment to a minor
patient who is disrobed or partially disrobed or during an outpatient physical examination
regardless of sex of the licensed person and patient, except when rendering care during
an emergency. When using an adult staff member to observe the treatment or examination, the adult
staff member shall be of the same gender as the patient when practicable. The minor patient may decline the presence of a third person only with consent of
a parent, guardian or other caretaker. The minor patient may request private consultation with the licensee without the
presence of a third person after the physical examination.
(b) When a minor patient is to be disrobed, or partially disrobed during a physical
examination, a person licensed under this chapter shall provide notice to the person
providing consent to treatment of the rights under this section. The notice shall be provided in written form or be conspicuously posted in a manner
in which minor patients and their parent, guardian or other caretaker are made aware
of the notice. In circumstances in which the posting or the provision of the written notice would
not convey the right to have a chaperone present, the person licensed shall use another
means to ensure that the person understands the right under this section.
(c) For the purposes of this section, “minor” is defined as a person 15 years of age or younger, and “adult staff member” is defined as a person 18 years of age or older who is acting under the direction
of the licensed person or the employer of the licensed person or who is otherwise
licensed under this chapter.
(d) The person licensed under this chapter that provides outpatient treatment to a
minor pursuant to this section shall, contemporaneously with such treatment, note
in the child's medical record the name of each person present when such treatment
is being provided.
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