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2022 New Hampshire Revised Statutes
Title XXX - Occupations and Professions
Title 329 - Physicians and Surgeons
Section 329:1-g - Examination on Anesthetized or Unconscious Patient Prohibited.
Universal Citation: NH Rev Stat § 329:1-g (2022)
329:1-g Examination on Anesthetized or Unconscious Patient Prohibited. –
A physician, surgeon, physician assistant as defined in RSA 328-D:1, III, nurse as defined in RSA 326-B:2, VII-a, advanced practice registered nurse as defined in RSA 326-B:2, I, or student undertaking a course of professional instruction or a clinical training program, shall not perform a pelvic, prostate, rectal, or breast examination on an anesthetized or unconscious patient unless:
I. The patient gave informed consent to the examination;
II. The performance of the examination is within the scope of care for the patient;
III. The examination is reasonably required for diagnostic or treatment purposes; or
IV. The patient's consent cannot be obtained due to an emergency and the examination is reasonably required for diagnostic or treatment purposes.
A physician, surgeon, physician assistant as defined in RSA 328-D:1, III, nurse as defined in RSA 326-B:2, VII-a, advanced practice registered nurse as defined in RSA 326-B:2, I, or student undertaking a course of professional instruction or a clinical training program, shall not perform a pelvic, prostate, rectal, or breast examination on an anesthetized or unconscious patient unless:
I. The patient gave informed consent to the examination;
II. The performance of the examination is within the scope of care for the patient;
III. The examination is reasonably required for diagnostic or treatment purposes; or
IV. The patient's consent cannot be obtained due to an emergency and the examination is reasonably required for diagnostic or treatment purposes.
Source. 2020, 39:63, eff. Jan. 1, 2021.
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