A new law in Pennsylvania will require doctors to obtain a patient’s verbal and written consent before medical students can perform pelvic or rectal exams on someone under anaesthesia.
At a press conference on Monday, supporters touted the recently passed legislation, which will take effect in January.
Tracking how often medical students are asked to perform pelvic, rectal or prostate exams on anesthetized patients is difficult, but concern about the procedures has led to a broad national effort to require informed consent for the procedures. At least 20 states have similar measures, with Colorado pushing some of the most far-reaching legislation to date.
Of the state’s seven medical schools that award MD degrees, state Rep. Elizabeth Fiedler said the University of Pennsylvania/Penn Medicine and Temple University both confirmed to her that their students don’t perform the exams without consent. Penn State, whose medical school is in Hershey, confirmed to CBS News that it has a policy against nonconsensual exams.
Often, patient paperwork includes broad consent for a range of procedures that might be medically necessary while someone is under anaesthetic. But the documents can also include consent for educational purposes, allowing students to perform medically unnecessary examinations as part of their training.
Some doctors have called the legislation a government overreach that will erode trust. Supporters say the laws increase transparency and protect medical students from being forced to perform tests without informed consent.
“If a competent person refused a pelvic, prostate or rectal examination, it would not be done. Their response would not be open to interpretation,” said Rep. Liz Hanbidge, D-Montgomery, a prime sponsor of the Pennsylvania legislation. “Unconscious persons should never be viewed as mere objects of learning.”
Keren Sofer, who lives in South Philadelphia, contacted her lawmaker in 2019 after she believed an exam was conducted on her without her consent.
“Every single person, every time I shared my experience, was shocked because they too thought that being treated with dignity, respect and transparency in a medical facility – and especially under anesthesia – was a given,” she said on Monday.
The law will impose a minimum fine of $1,000 for violations by health care providers. If a student in a training programme conducts an examination without consent, the health care provider will be held liable, according to the legislation.