(a) General rule.--A health care provider, in the course of participating in or overseeing a professional instruction or clinical training program, owes a duty to a patient to obtain specific informed consent, in verbal and written form, before knowingly performing any of the following examinations on a patient who is anesthetized or unconscious in a facility that provides health care services:

(b) Exceptions.--Subsection (a) does not apply if:

(d) Delegation.--A health care provider may delegate the task of obtaining the specific informed consent of a patient to a qualified practitioner for an examination under subsection (a). For the purpose of this subsection, a qualified practitioner may not be a student participating in or being overseen by a health care provider as part of the professional instruction or clinical training program.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Health care provider.” A primary health care center or a person, including a corporation, university or other educational institution licensed or approved by the Commonwealth to provide health care or professional medical services as a physician, a physician assistant, a certified registered nurse practitioner, a registered nurse under section 3 of the act of May 22, 1951 (P.L. 317, No. 69),² known as The Professional Nursing Law, who is authorized under the registered nurse's scope of practice to perform the procedure as delegated by the physician or a registered nurse authorized to administer anesthesia under 49 Pa. Code § 21.17 (relating to anesthesia), a certified nurse midwife, a podiatrist, hospital, nursing home, birth center, ambulatory surgical facility and an officer, employee or agent of any of them acting in the course and scope of employment.

“Hospital.” An entity licensed as a hospital under the act of June 13, 1967 (P.L. 31, No. 21),³ known as the Human Services Code, or the act of July 19, 1979 (P.L. 130, No. 48),⁴ known as the Health Care Facilities Act.

“Patient.” A natural person who receives or should have received health care from a health care provider.

“Specific informed consent.” The consent of a patient to the performance of an examination in accordance with this section after the patient has received a description of the examination, the purpose for providing the examination and any risks or alternatives to the examination so that a reasonably prudent patient may make an informed decision as to the examination.