Florida Statute 456.51 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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F.S. 456.51

456.51 Consent for pelvic examinations.—

(1) As used in this section, the term “pelvic examination” means a manual examination of the organs of the female reproductive system using the health care provider’s gloved hand or instrumentation. The term does not include a visual assessment, imaging, or a nondiagnostic medical or surgical procedure.

(2) A health care practitioner, a medical student, or any other student receiving training as a health care practitioner may not perform a pelvic examination on an anesthetized or unconscious patient without the written consent of the patient or the patient’s legal representative executed specific to, and expressly identifying, the pelvic examination. If the patient is conscious, informed verbal consent must be obtained for the pelvic examination in addition to any written consent obtained. Consent is not required if:

(a) A court orders performance of the pelvic examination for the collection of evidence;

(b) The pelvic examination is necessary for the provision of emergency services and care as defined in s. 395.002;

(d) The pelvic examination is administered pursuant to a child protective investigation under chapter 39; or

(e) The pelvic examination is administered pursuant to a criminal investigation of an alleged violation related to child abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g); chapter 794; chapter 796; chapter 800; chapter 827; or chapter 847.

(3) A health care practitioner, a medical student, or any other student receiving training as a health care practitioner who is providing care to a pregnant woman having contractions in a facility licensed under chapter 395 need only obtain written consent from the patient to perform the initial pelvic examination. The written consent form must inform the patient that multiple pelvic examinations may be conducted during the course of her care and treatment at the facility.

History.—s. 3, ch. 2020-31; s. 1, ch. 2021-126.

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Amendments to 456.51

Arrestable Offenses / Crimes under Fla. Stat. 456.51

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.51.

Annotations, Discussions, Cases:

Cases Citing Statute 456.51

Total Results: 5

Beam v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-01-23

Citation: 1 So. 3d 331, 2009 Fla. App. LEXIS 1879, 2009 WL 151096

Snippet: adoption. See, e.g., People v. Kaiser, 119 Cal. 456, 51 P. 702, 703 (1897) ("The word `daughter' means

Scott v. Rosenthal

Court: District Court of Appeal of Florida | Date Filed: 1960-03-03

Citation: 118 So. 2d 555

Snippet: Vicksburg Traction Co., 106 Miss. 244, 63 So. 455, 456, 51 L.R.A.,N.S., 319, held that `an insurer of an automobile

Hogan v. Martin

Court: Supreme Court of Florida | Date Filed: 1951-06-01

Citation: 52 So. 2d 806, 1951 Fla. LEXIS 1371

Snippet: A. 470; Estate of Tyler, 140 Wash. 679, 250 P. 456, 51 A.L.R. 1088; Sherman v. Weber, 113 N.J. Eq. 451

McCaskill v. State

Court: Supreme Court of Florida | Date Filed: 1908-01-15

Citation: 55 Fla. 117

Snippet: purpose is admissible. People v. Kaiser, 119 Cal. 456, 51 Pac. Rep. 702; Smith v. State, 108 Ala. 1, 19 South

Brown v. State

Court: Supreme Court of Florida | Date Filed: 1900-01-15

Citation: 42 Fla. 184

Snippet: sustain the verdict. People v. Kaiser, 119 Cal. 456, 51 Pac. Rep. 702. The judgment of the Circuit Court