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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) A person licensed or certified under this title to provide health care may not knowingly perform or supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious unless:
(a) the patient or a person authorized to make health care decisions for the patient has provided specific informed consent to the examination;
(b) the examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(c) an emergency exists, it is impracticable to obtain consent, and the examination is necessary for diagnostic or treatment purposes.
(2) Violation of subsection (1) constitutes unprofessional conduct.
Cite this article: FindLaw.com - Montana Title 37. Professions and Occupations § 37-2-306. Performance of sensitive medical examinations--informed consent required - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-37-professions-and-occupations/mt-st-37-2-306/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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