Senate adopts clarifying amendments to require consent or notification for intimate exams on anesthetized patients

Senator Hughes opened on LB 110, a bill that would require health-care providers to obtain consent before performing intimate manual examinations (pelvic, rectal, prostate, or internal breast exams) on anesthetized or unconscious patients, with exceptions for emergency care, authorized decision-makers and court orders. Hughes said he found no evidence of widespread occurrence in Nebraska but argued preemptive statutory clarity is appropriate.

The Health and Human Services committee offered AM 63 to clarify the definitions of "intimate examination," to confirm exceptions and to require written notification in limited circumstances. Senator Hughes later offered AM 17-56 to correct a possible misreading in AM 63 that could have required written notice for all patients on discharge; Hughes said the intent was to require written notice only for the exceptions (power-of-attorney consent, emergency care, or court-ordered examinations).

Both corrections were adopted on recorded votes (AM 17-56 adopted 42 ayes; AM 63 adopted 42 ayes). Senator Harden and other committee members described the amendment as aligning state statute with federal guidance issued to teaching hospitals and reiterated the bill imposes professional discipline, not criminal penalties, for violations. LB 110 was advanced to E & R initial.