Consent for pelvic, prostate, and rectal exams., the official text

Second Regular Session of the 124th General Assembly (2026)

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   SENATE ENROLLED ACT No. 90

   AN ACT to amend the Indiana Code concerning professions and
occupations.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 25-1-9-4.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 4.2. (a) A practitioner, a student in training in a
medical school, an intern, a resident, a graduate student, or an
individual participating in a clinical training or resident program
may not perform a pelvic, prostate, or rectal examination on a
sedated, anesthetized, or unconscious patient unless one (1) of the
following conditions is met:

      (1) The patient, patient's guardian, or patient's health care
      representative (as defined in IC 16-21-12-4) provides prior
      written informed consent to the pelvic, prostate, or rectal
      examination through the notice described in subsection (b).
      (2) The performance of a pelvic, prostate, or rectal
      examination is within the scope of care ordered for the
      surgical procedure or diagnostic examination to be performed
      on the patient and the patient, patient's guardian, or patient's
      health care representative has given informed consent.
      (3) A medical emergency exists and the pelvic, prostate, or
      rectal examination is immediately necessary for diagnostic
      examination or treatment of the patient, including the
      conducting of a rape kit.

SEA 90 — Concur
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      (4) A court has ordered the performance of the pelvic,
      prostate, or rectal examination for the purposes of the
      collection of evidence.
   (b) A written informed consent described in subsection (a)(1)
must meet the following:
      (1) Be separate from any other notice or agreement. However,
      the informed consent does not have to be separate if the
      pelvic, prostate, or rectal examination is within the scope of
      care for the surgical procedure or diagnostic examination to
      be performed on the patient.
      (2) Specify the nature and purpose of the examination.
      (3) Include a description of the procedure to be performed.
      (4) State the name of the individual performing or supervising
      the examination.
      (5) Disclose whether a student will be performing or
      observing the examination.
      (6) Allow the patient, patient's guardian, or patient's health
      care representative to decline the examination.
      (7) Allow the patient, patient's guardian, or patient's health
      care representative to decline allowing a student to perform
      or observe the examination.
      (8) Include a signature line for the patient, patient's guardian,
      or patient's health care representative to consent or refuse to
      consent to an examination on a sedated, anesthetized, or
      unconscious patient as described in subsection (a).
The signature of consent must be obtained in order to proceed with
the pelvic, prostate, or rectal examination on a sedated,
anesthetized, or unconscious patient as described in subsection
(a)(1).
   (c) The refusal by the patient, patient's guardian, or patient's
health care representative to consent to an examination described
in subsection (a)(1) may not affect the medical procedure for which
the patient is scheduled to receive.
   (d) Nothing in this section diminishes any other statutory
requirement for a practitioner, a student in training in a medical
school, an intern, a resident, a graduate student, or an individual
participating in a clinical training or resident program to obtain
informed consent.

SEA 90 — Concur
President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

SEA 90 — Concur