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HB 548

AN ACT relating to informed consent for medical examinations.

2026 Regular Session Introduced by Sarah Stalker

The bill requires explicit informed consent via a dedicated form for pelvic/rectal/prostate exams and restricts exams under anesthesia without consent or court order.

to Health Services (H)
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Bill Summary · HB 548

Overview

HB 548 (2026 Regular Session, Kentucky) proposes new requirements for informed consent and the handling of intimate pelvic/rectal/prostate examinations. The bill creates a formal framework for obtaining informed consent via an “intimate exam consent form,” and establishes safeguards to limit non-consensual examinations, including specific conditions under which such exams could be performed while a patient is anesthetized or unconscious. Violations would subject providers to professional discipline.

Purpose and intent

  • Establish a standardized process for obtaining informed consent for pelvic, rectal, or prostate examinations.
  • Require explicit, informed consent documented on a dedicated form, ensuring patients are fully informed about the examination, its risks and benefits, alternatives, and the patient’s rights (including the right to refuse or revoke consent).
  • Limit performance of intimate examinations when a patient is anesthetized or unconscious, except under narrowly defined circumstances or when a court-authorized order is issued with privacy protections.

Key provisions

  • Definitions:
    • Health care provider: An individual licensed by the Kentucky Board of Medical Licensure or the Kentucky Board of Nursing whose scope includes performing or supervising pelvic, rectal, or prostate exams.
    • Informed consent: A discussion-based process in plain language leading to a signed consent, covering the nature of the exam, risks/benefits, alternatives, and the right to refuse/revoke consent; also discloses who will be involved in their care (including students).
    • Intimate exam consent form: A separate form memorializing the informed consent discussion, signed by the patient or authorized decision-maker, and meeting plain-language and content requirements.
  • Informed consent process (Section 1(1)(b)-(c)):
    • Consent must be obtained through a discussion in plain language.
    • The form must describe the examination, risks/benefits, alternatives, and the right to refuse or revoke consent.
    • The form must identify individuals (including students) involved in care.
  • Prohibition and exceptions for examinations on anesthetized/unconscious patients (Section 2):
    • A health care provider shall not knowingly perform or supervise such an examination unless one of the following applies: 1) Prior informed consent has been given by the patient or authorized decision-maker. 2) The patient is unconscious and the examination is necessary for diagnostic or treatment purposes. 3) The examination is within the scope and standard of care for a procedure the patient has consented to. 4) A court order permits the examination for collection of evidence, with specific safeguards:
      • The court must find a compelling need that cannot be addressed by other means, balancing privacy interests.
      • Pleadings must substitute a pseudonym for the subject’s true name; the true name is confidentially provided to the court and kept sealed.
  • Notification requirement (Section 3):
    • Providers must notify the patient as soon as reasonably practicable that an examination under subsection (2) was performed.
  • Discipline and enforcement (Section 4):
    • Violations of the consent-for-examination requirements can lead to discipline by the relevant professional licensing or certification board.

Who and what is affected

  • Affects health care providers who perform or supervise pelvic, rectal, or prostate examinations (physicians, advanced practice nurses, etc., licensed in Kentucky).
  • Requires patients or their authorized decision-makers to engage in an informed-consent discussion and sign an intimate exam consent form.
  • Potential impact on clinical workflow and documentation practices, particularly around routine examinations performed under anesthesia or unconsciousness.
  • Creates potential disciplinary consequences for noncompliance.

Procedural and timeline aspects

  • Legislative action history indicates introduction in February 2026, referral to Health Services and prior committees, with a move through the standard committee process.
  • The bill would take effect upon enactment (specific effective date not stated in the text provided).
  • It includes explicit procedural requirements for court-ordered examinations, including privacy protections (pseudonymization and sealed true names).

Notes for readers

  • The bill emphasizes transparency, patient autonomy, and the right to be informed about intimate examinations.
  • It creates a clear distinction between consent obtained prior to anesthesia vs. emergency/unconsented scenarios, with strict criteria and oversight for court-ordered examinations.
  • The penalty mechanism is disciplinary action rather than criminal penalties, targeting professional licensing boards.

Compiled from official sources — confirm details with the bill’s official record.

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