What's happening
This bill prohibits pelvic exams on anesthetized or unconscious patients without informed consent, except in emergencies or necessary medical care.
Why it matters
Strengthens patient autonomy and privacy. by requiring explicit informed consent for pelvic exams, ensuring that patients are not subjected to intimate procedures while unconscious without their knowledge or agreement.
Addresses ethical concerns in medical education and practice. , responding to longstanding controversies about students or practitioners performing pelvic exams on anesthetized patients for training purposes without consent.
Introduces clear legal consequences for violations. , making unauthorized pelvic exams a form of professional misconduct under both public health and education law, which can lead to disciplinary action against healthcare providers.
Defines narrow exceptions for emergencies or necessary care. , setting strict criteria for when a pelvic exam may be performed without consent, such as immediate threats to the patient's life or health, thus balancing patient rights with clinical realities.
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Who cares
Headline styles
Ban Unauthorized Pelvic Exams
Plain English, a few words. Used as the page title.
Sponsors
History
- Signed chap.360
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.273
- Substituted for A6325C
- Referred to codes
- Returned to assembly
- Repassed senate
- Amended on third reading 1092e
- Amended on third reading (t) 1092d
- Vote reconsidered - restored to third reading
Show 14 earlier actions
- Returned to senate
- Recalled from assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 60–0
- Amended on third reading 1092c
- Advanced to third reading
- 2nd report cal.
- 1st report cal.454
- Print number 1092b
- Amend and recommit to health
- Print number 1092a
- Amend (t) and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Unauthorized Pelvic Exams
Assembly Floor Calendar · Sponsor Michaelle C. Solages
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1092--E Cal. No. 454
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sens. PERSAUD, BIAGGI, BOYLE, CARLUCCI, HOYLMAN, KAPLAN, KRUEGER, MARTINEZ, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered… Show allHide
Introduced by Sens. PERSAUD, BIAGGI, BOYLE, CARLUCCI, HOYLMAN, KAPLAN, KRUEGER, MARTINEZ, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the public health law and the education law, in relation to prohibiting the performance of a pelvic examination on an anesthetized or unconscious person
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2504 of the public health law is amended by adding a new subdivision 7 to read as follows:
7. No person shall perform a pelvic examination or supervise the performance of a pelvic examination on an anesthetized or unconscious patient unless the person performing the pelvic examination is legally authorized to do so and the person supervising the performance of the pelvic examination is legally authorized to do so and:
(a) the patient or the patient's authorized representative gives prior oral or written informed consent specific to the pelvic examination;
(b) the performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination scheduled to be performed on the patient and to which the patient has already given oral or written consent; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00866-16-9
S. 1092--E 2
(c) the patient is unconscious and the pelvic examination is medically necessary for diagnostic or treatment purposes, and the patient is in immediate need of medical attention and an attempt to secure consent would result in a delay of treatment which would increase the risk to the patient's life or health.
Nothing in this subdivision diminishes any other requirement to obtain informed consent for a pelvic examination or any other procedure.
§ 2. The public health law is amended by adding a new section 230-e to read as follows:
§ 230-e. Unauthorized pelvic examinations. For the purposes of this title, professional misconduct shall include pelvic examinations or supervising the performance of a pelvic examination in violation of subdivision seven of section twenty-five hundred four of this chapter.
§ 3. Section 6530 of the education law is amended by adding a new subdivision 50 to read as follows:
50. Performing a pelvic examination or supervising the performance of a pelvic examination in violation of subdivision seven of section twenty-five hundred four of the public health law.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law and the educa- tion law, in relation to prohibiting the performance of a pelvic exam- ination on an anesthetized or unconscious person
Purpose or general idea of bill
The purpose of the bill is to prevent the performance of pelvic examina- tions on women whom have not consented to such an examination.
Summary of specific provisions
Section 1 of the bill adds a new subdivision 7 to § 2827 of the public health law to forbid the performance of a pelvic exam on women whom are anesthetized or unconscious, with certain exceptions.
Section 2 of the bill adds new § 230-e to the public health law to clar- ify that professional misconduct includes performing a pelvic examina- tions or supervising a pelvic examination without informed consent or medical necessity.
Section 3 of the bill adds a new subdivision 50 to § 6530 of the educa- tion law to expand existing medical malpractice protections to include pelvic examinations or supervising the performance of a pelvic examina- tion without informed consent or medical necessity.
Section 4 of the bill is the effective date.
Justification
If you happen to have had a gynecological surgery at a major teaching hospital in the U.S., there is a good chance that after you were rendered unconscious, numerous medical students used your body to learn how to perform a proper pelvic exam. Following the surgical procedure, you likely left the premises with no other evidence of what had occurred, except for some unexplained pains or bruises in your pelvic region.
According to numerous sources, the practice of performing pelvic exam- inations on unconscious women is widespread and common throughout the US. Many medical students have confessed to performing these exams under the guidance of senior physicians, and often report feelings of shame and guilt over something that seems so unethical. A study from 2003 found that 90% of the medical students polled had performed pelvic exams on anesthetized women. Professional medical organizations such as The American College of Obstetricians and Gynecologists, the American Medical Association, and the Association of American Medical Colleges, have all condemned the practice. Despite this, only five states have adopted laws banning this practice.
The guilt and ethical issues that are raised while performing these exams can be alleviated by simply gaining consent from the woman prior to the application of anesthesia. A study published in 2003 found that nearly 100% of women polled would have no issue with consenting to a pelvic exam during their surgery,if asked before it was performed.
This legislation will bring NYS in line with the five other states that have banned this practice. It will ban the performance of pelvic exams on unconscious or anesthetized women, unless; they have given prior consent, the pelvic exam is within the scope of care for the surgical procedure, or the person receiving the pelvic exam is unconscious and the exam is required for diagnostic purposes. In addition, the bill stipulates that if someone disregards these rules, it will be considered an act of professional misconduct.
Prior legislative history
New bill.
Fiscal implications
None noted.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.