32-3229. Unprofessional conduct; informed consent; pelvic examinations

It is an act of unprofessional conduct for a physician who is licensed pursuant to chapter 13 or 17 of this title, a nurse practitioner who is licensed pursuant to chapter 15 of this title or a physician assistant who is licensed pursuant to chapter 25 of this title to perform or supervise an individual who performs a pelvic examination on an anesthetized or unconscious patient without first obtaining the patient's informed consent to the pelvic examination, unless performing the pelvic examination is one of the following:

1. Within the scope of the surgical procedure or diagnostic examination to be performed on the patient for which informed consent has otherwise been obtained.

2. In the case of an unconscious patient, required for diagnostic purposes and is medically necessary.

3. A forensic medical examination requested by law enforcement arising out of the need to secure evidence that the patient has been the victim of a criminal offense as prescribed in title 13, chapter 14.