New Law Impacts Many APRNS: CS/CS/SB 698: Reproductive Health
Posted
almost 4 years ago
by
Jean Aertker
A new law now requires all APRNs and other providers to develop and use a new GYN-PELVIC EXAM CONSENT FORM for performing gynecological/pelvic exams in Florida. This general bill introduced in October 2019 by Senator Book and Representative Jenne (HB 1287) passed unanimously in both House and Senate and was signed by the Governor DeSantis on 6/18/2020. While the bill was brought forward related to several national and international legal cases alleging male fertility physicians inseminated women unknowing with their own sperm and only later the family discovered by DNA testing the genetic link to the fraudulent and abusing physician. This bill now criminalizes inseminating a woman without prior knowledge creating a new cause of action under “Reproductive Battery” and has more patient protections for reproductive facilities.
But within this bill is the requirement for all providers to have a new consent form ready for use in the clinic or office before the gyn/pelvic exam is performed. The patient must be informed of the procedure and include who is conducting the exam, and the patient or legal guardian must sign the consent before the actual exam. It also has specific provisions for students in training or doing preceptorship. Our FNPN staff created a copy of a sample consent form that might be used if approved by your legal reviewing team. For more information contact FNPN or see the Fl Bill SB 698 to develop this.
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Update: A member wrote to share the ACOG position on this new Florida law. Clearly this was not intended for general practices but for speciality reproductive health as we read it. But alas, the law was signed. FNPN is working to get clarifiation on this and hope to resolve this issue soon! Stay Tuned. https://www.acog.org/en/News/News%20Releases/2020/06/ACOG%20Statement%20on%20New%20Florida%20Law%20Requiring%20Written%20Consent%20for%20Pelvic%20Examinations
Where can we see the sample consent indicated in article?
Thank you for the clarification Jean. So at this time, this signed law only affects specialty reproductive practices? I am still living and working in East Texas as Lead Family Nurse Practitioner, The Heart Institute of East Texas, Crockett Office, Internal Medicine and Family Practice Clinics. However, I am planning to relocate back to Central Florida in the next few years and have an active Florida Family/Adult NP and RN license, so I am always interested in new Florida medical/advanced provider practice laws and updates. I would also like to see a copy of a sample consent if you one you are planning to post.
Sincerely,
Jeanne Hopple, PhD, APRN, ANP-BC, FNP-C
jhopple1@gmail.com
We have developed a very simple form that informs the patient that they have a pelvic/vaginal exam and they are required to consent to the procedure before doing a PAP or vaginal exam.
The new law impacts ALL intending to perform pelvic/gyn exams. The bill has some merging and additions so it changed to ALL PROVIDERS FOR ANY REASON but it was initially filed solely focused on Reproductive Health concerns as mentioned. We hope the legislature can re-look at this new law to see if all routine GYN exams still need to be included in this special consent. Most practices have created a new pelvic/gyn consent form by now! If you have not, contact FNPN for a sample we created, but all forms should have legal review for practice.
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