§ 23-11-11 - Power to examine suspected cases – Right of suspect to own physician.
SECTION 23-11-11
§ 23-11-11 Power to examine suspectedcases – Right of suspect to own physician. – For the purpose of carrying out the provisions of this chapter, the statedepartment of health is empowered to make examinations of persons reasonablysuspected of having sexually transmitted disease; provided, however, that anyperson so examined shall have the right to have present at that examination, athis or her own expense, a physician selected by him or her. The statedepartment of health shall inform him or her of this right and afford him orher a reasonable opportunity to exercise that right; and at the trial of anyperson being prosecuted under the provisions of § 23-11-12, theprosecution must prove that he or she was so informed and was afforded thatopportunity. Persons under eighteen (18) years of age may give legal consentfor examination and treatment for any sexually transmitted disease. For thepurposes of this section, physical examination and treatment by a licensedphysician or his or her designated representative upon the person of a minorwho has given consent shall not constitute an assault or an assault and batteryupon the person.