This week wrapped up the last week of bill hearings in the Unicameral. Every bill introduced in the Nebraska Legislature has a hearing open to the public. Nebraskans have the opportunity to attend these hearings in person or watch them livestreamed online. Nebraskans also have the opportunity to submit online public comments on every single bill. Although the hearings have now wrapped up, you can still watch the proceedings by searching on the legislative website for the bill hearing that is of interest to you and click on the “related video” to watch the committee hearing.
On Friday of this week, the Nebraska Legislature also passed LB110 on Final Reading by a vote of 48 to 0. LB110 aligns state law with the federal policy that was issued to our teaching hospitals, which requires them to obtain written consent from patients before performing intimate exams for unconscious or anesthetized patients. There are at least 29 states that have already passed this. Intimate examinations are exactly what they sound like: medical examinations of a person’s private areas. If you’d like further clarification as to which specific areas of the human body are covered by an intimate examination, please refer to Section 1 of LB110. I prefer not to share these specifically in this article out of an abundance of modesty. Also, I’ve found no evidence that these examinations have been performed on patients without their consent in Nebraska but it’s better to err on the side of caution and place this protection into statute.
LB110 allows exceptions if the examination is necessary for emergency purposes; if a court has ordered the examination for the collection of evidence, or if the person is incapacitated and they have obtained consent from the person who has medical power of attorney of the patient. Patients who have received an intimate examination under one of these exceptions are required to be notified in writing of this examination prior to being discharged from the health care facility. I introduced LB110 as patients have a rational expectation of having control over their medical decisions. Written consent provides communication between the patient and their provider. We protect these areas of the body in other laws we have in Nebraska. They deserve similar protections in health care. I am grateful that my colleagues agreed in passing LB110, which has now been sent to Governor Pillen for his signature.
As always, if I can be of assistance to you in any way, please do not hesitate to contact my office. My staff members – Matt and Katie – are available to assist you with your needs, and they pass along messages, so if you’d like a call back, please let them know!
Email: jhughes@leg.ne.gov
Phone: 402-471-2756
Facebook: Senator Jana Hughes
