Chapter 111 of the General Laws is hereby amended by inserting after section 70H the following section:-

Section 70I. (a) For the purposes of this section, the following words shall have the following meanings:

"Intimate examination", a pelvic, prostate or rectal examination.

“Health care provider”, a physician, a student in a medical or nursing school participating in a course of instruction, a person participating in a residency program or clinical training program, a physician assistant, an advanced practice registered nurse or other health care provider.

(b) A health care provider may not perform an intimate examination on an anesthetized, deeply sedated or unconscious patient unless the patient has given specific informed consent in writing to the intimate examination; or the performance of an intimate examination is within the scope of care for the planned procedure, surgical procedure or diagnostic examination to be performed on the patient for which the patient has provided general consent; or, in the case of an emergency or urgent care situation on an unconscious patient, the intimate examination is required for diagnostic or treatment purposes.