Proposed Legislation Would Ban Non-Consensual Pelvic Exams in Ohio

Medical students routinely perform pelvic exams on unconscious women under anesthetic for other procedures.

Apr 20, 2023 at 12:05 pm
click to enlarge Although patients may consent to having medical students involved in their care, they may not realize that "care" could entail an intimate exam while they're under. - Photo: Pixabay/Pexels
Although patients may consent to having medical students involved in their care, they may not realize that "care" could entail an intimate exam while they're under.
Legislation introduced in the Ohio statehouse could address an issue that many patients don't know about: Non-consensual pelvic exams administered by medical students as practice in their studies while patients are unconscious for an unrelated procedure.

Although patients may consent to having medical students involved in their care, they may not realize that "care" could entail an intimate exam while they're under.

House Bill 89
 would prohibit such practices.

"It’s an issue that’s happening and several states have passed this legislation already but what it deals with are intimate and pelvic exams on patients," said Republican co-sponsor Rep. Brett Hillyer of Ohio's District 51 at a Public Health Policy Committee meeting. "When a patient goes into a hospital for surgery and, for instance, if you went into a hospital to have your tonsils removed, you may be surprised that an intimate or pelvic exam was performed on you while you were under anesthetic by a resident physician or a doctor."

A survey of 101 students from seven different American medical schools found that 92% of respondents reported having performed a pelvic exam on anesthetized patients. More shockingly, 61% said they weren’t sure if the patients gave explicit consent.

"Regional surveys from the early 2000s reached similar conclusions. Nearly 75% of the patients did not consent to the exam," said Democratic co-sponsor Rep. Mudira Abdullahi. "Among medical students in Philadelphia, 90% said they'd performed pelvic exams on unconscious women and, again, they weren't sure if the women consented."

As the issue isn't widely discussed, even some on the House Public Health Policy Committee were unaware of the practice.

“It was something very foreign to me that I had no idea was occurring," said committee chair, Republican Rep. P. Scott Lipps of District 55.

Like many issues in the American healthcare system, non-consensual exams can also disproportionately impact marginalized communities.

"These exams can particularly affect our most vulnerable communities. We know that our most vulnerable communities can be subjected to exams due to healthcare disparities, systemic racism, and variation in access to treatment between insured and uninsured patients," Abdullahi said. "Limited options for marginalized patients in selecting hospitals and the fact that teaching hospitals generally offer better care to vulnerable communities further exacerbate the issue."

A Canadian study found that just 19% of women surveyed said they were aware medical students might perform pelvic exams while in surgery. But the study also found that 62% of respondents said they would agree to an exam if simply asked.

“The solution is simple and a small measure to take: require specific consent from patients before performing these intimate exams unless an emergency or compelling circumstance dictate otherwise," Abdullahi said.

This article was originally published by CityBeat's sister paper Cleveland Scene and is republished here with permission.


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