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Utah Code Title 58. Occupations and Professions § 58-1-509. Patient consent for certain medical examinations

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section:

(a) “Health care provider” means:

(i) an individual who is:

(A) a healthcare provider as defined in Section 78B-3-403; and

(B) licensed under this title;

(ii) emergency medical service personnel as defined in Section 53-2d-101; or

(iii) an individual described in Subsection 58-1-307(1)(b) or (c).

(b) “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.

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Cite this article: FindLaw.com - Utah Code Title 58. Occupations and Professions § 58-1-509. Patient consent for certain medical examinations - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-58-occupations-and-professions/ut-code-sect-58-1-509/

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