Medical students need consent before pelvic exams on sedated patients, Colorado law says
A new law in Colorado says providers must get a patient’s prior consent for medical students to perform pelvic exams while the patient is unconscious during a procedure.
Proponents of the law say it protects patients from feeling violated, and in some cases, retraumatized after surviving sexual assault. However, medical providers say it was already considered a standard practice of care.
Lt. Gov. Dianne Primavera, as acting governor, signed the law Thursday that puts Colorado in company with at least 20 other states with consent laws including Montana, Missouri and Ohio, among others, according to Associated Press. However, Colorado’s law, which had bipartisan support, goes a step further by requiring medical students be named and meet the patient prior to the procedure.
“Learning of a nonconsensual intimate exam is traumatic, forcing patients to relive some of the worst moments of their life. We’re putting an end to this unethical practice,” Democratic state Rep. Lorena Garcia, who co-sponsored the bill, said in a statement.
Typically, patients fill out a number of forms giving broad consent for procedures that might be medically necessary while they are sedated, including for students to participate in their care.
For such procedures to take place under the new law, patients would have to sign a consent form that explains what will happen and will include the names of any students who might take part.
But health care providers says this is a standard practice in most learning medical institutions.
“This is something we’ve been doing for 20 years,” said Dr. Emily Schneider, assistant professor obstetrics and gynecology at the University of Colorado’s school of medicine. “To do a pelvic exam on a woman under anesthesia without their consent is already prohibited and considered assault. The law is just redundant.”
Long COVID: Study identifies symptoms that distinguish long COVID ‒ an essential step toward much-needed treatment
Schneider, who is also the American College of Obstetricians and Gynecologists’ legislative chair for Colorado, said patients typically meet everyone who will be in the operating room before undergoing surgery.
They’re also informed that pelvic exams during surgery help with the operative planning process, she added.
“You can’t know until the muscles are relaxed where to make the incision,” Schneider said. “It does help with our surgical decision-making skills.”
There are certain caveats. Under the new law, licensed practitioners can perform exams in emergency situations in which getting consent ahead of time isn't possible. The law includes whistleblower protections for medical students, and doctors and hospitals could face liability if they violate the consent rules.
As states also pass laws against gender-affirming care and abortion, some providers worry prior consent laws may be another example of government unnecessarily meddling in women’s health, arguing that guidance should come from medical associations.
“This is something we deal with in women’s health on a daily basis. We’re used to people who have no business regulating medicine passing bills that affect the care that we provide patients,” Schneider said. “But we also want to be very conscientious and protective of our patients and make sure they’re truly informed when they go into the operating room.”
Contributing: Associated Press. Follow Adrianna Rodriguez on Twitter: @AdriannaUSAT.
Health and patient safety coverage at USA TODAY is made possible in part by a grant from the Masimo Foundation for Ethics, Innovation and Competition in Healthcare. The Masimo Foundation does not provide editorial input.
Prior authorizations: Doctors and patients are worried this large health insurer's new policy will delay care
This article originally appeared on USA TODAY: Colorado now requires patient consent for med students, pelvic exams
