New Bill Would Outlaw Pelvic, Breast Exams on Unconscious Patients
A new bill proposed by Rep. Marilyn Stark, R-Bethany, would prohibit pelvic and breast examinations on unconscious patients without prior written informed consent. House Bill 1172 would prohibit health care providers overseeing a training program with medical students from performing certain examinations on a patient who is under anesthesia or unconscious. These include breast, pelvic, urogenital, prostate or rectal examinations. The measure is similar to a bill Stark filed last year. "The performance of these examinations without the explicit consent of the patient is a clear violation of their trust and their human dignity," Stark said. "A person is at their most vulnerable when they are unconscious. House Bill 1172 gives every patient the choice to preemptively approve or refuse to undergo these exams while under anesthesia." The performance of these exams on unconscious patients had been a common practice in medical schools and teaching hospitals for many decades, but new guidance from the U.S. Department of Health and Human Services now requires providers to obtain prior consent for breast, pelvic, prostate and rectal exams for educational and training purposes. As of 2023, 20 states had laws prohibiting pelvic examinations on unconscious patients and 13 states were considering similar legislation. Any health care provider found guilty could face a felony conviction, a prison sentence of up to five years, or a fine of $20,000. They could also face penalties from the licensing board responsible for their area of practice. HB1172 provides certain exceptions, including if the patient or authorized representative of the patient has provided prior written informed consent to the examination, if an emergency occurs or if a court has ordered the examination to collect evidence. HB1172 may be considered in the upcoming legislation session, which begins Monday, Feb. 3.