Bill introduced to restrict pelvic exams on unconscious patients without consent

BOISE, Idaho (CBS2) — A bill that would restrict pelvic exams on unconscious patients without their consent has been introduced in committee.

A number of other states are working to confront the sometimes common practice of performing pelvic exams on anesthetized or unconscious patients without their consent for educational purposes. So far at least 21 states have laws on the books restricting these intimate exams without patient consent.

The practice happens mostly during surgery, sometimes for non-genealogical surgery - a doctor will perform an exam, then a student would do the same exam for training purposes, but sometimes without the patient's knowledge.

Under Rep. Brooke Green's, D-Boise, bill, a pelvic exam on an unconscious patient would not be allowed unless the patient has consented, it's for a necessary diagnostic or treatment purpose, or the patient is suspected to be a victim of a sex crime and a pelvic exam is needed to collect evidence.

Green said she wants to put in state statute something that's already considered best practice in the Idaho medical community.

"Truly what it is is recognizing that our students need an opportunity to learn, but at the same time, our patients deserve transparency in the care that's provided to them," Green said. "Our providers do a phenomenal job to ensure that patients are comfortable when they have a student in their room, and we just want to make sure that the patient knows what's expected as well as the providers know what's expected. This is really just putting in state statute what we already do and our providers already do in our service to the state."

The Idaho Medical Association's CEO said the hospitals and education programs in Idaho she's spoken with are vigilant about informed consent and many of their policies go above and beyond what's required under this bill.

Green's bill will need a public hearing in committee before it can move forward.

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