New state law prohibits unauthorized pelvic exams
Legislation, signed by governor, requires patient to consent
New York Gov. Andrew Cuomo signed legislation Monday requiring medical officials to obtain a patient’s consent before subjecting them to a pelvic exam while unconscious or under anesthesia.
The legislation, which takes effect in April, makes it professional misconduct to perform an unauthorized pelvic exam.
“No one should ever have to question what was done to their body when undergoing anesthesia or otherwise unconscious in a health care setting,” Cuomo said. “It is a blatant and completely unacceptable abuse of trust for any doctor or health care provider to perform an exam that was not previously consented to by the patient, and with this new measure we are making crystal clear that this repugnant behavior will be punished accordingly.”
New York is one of roughly a dozen states that moved to outlaw unauthorized pelvic examinations this year in response to long- held concerns about a lack of patient consent.
For many years, medical students have practiced pelvic exams on women under anesthesia as part of their educational training. But the practice, which involves inserting fingers into the vagina to feel the uterus and ovaries, is often done without the patient’s knowledge or consent.
Medical students and professionals are increasingly speaking out about the practice, which has been condemned by the American College of Obstetricians and Gynecologists, the American Medical Association and the Association of American Medical Colleges.
The bill was introduced in the state last January by Sen. Roxanne Persaud and Assemblywoman Michaelle Solages. It passed the Senate in May and the Assembly in June.
“Pelvic examinations while a necessity, should not be used as an arbitrary teaching tool at the whim of medical practitioners,” Persaud said. “A patient has enough to worry about when surgery is needed without the additional trauma of wondering if multiple persons who are not on their medical team will invade their most private body parts. Informed consent will prevent this from happening.”