A physician, surgeon, physician associate 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:

1. I. The patient gave informed consent to the examination;
2. II. The performance of the examination is within the scope of care for the patient;
3. III. The examination is reasonably required for diagnostic or treatment purposes; or
4. 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. 2025, 105:1, eff. June 17, 2025.