Governor Cuomo Signs Legislation Prohibiting Pelvic Exams On Anesthetized Or Unconscious Patients

Statement

Governor Andrew M. Cuomo today signed legislation (S.1092-B/A.6325-C) prohibiting the performance or supervision of a pelvic exam on an anesthetized or unconscious person without informed consent. The legislation also makes it professional misconduct to perform unauthorized pelvic exams. This legislation takes effect in 180 days.

"No one should ever have to question what was done to their body when undergoing anesthesia or otherwise unconscious in a healthcare setting," Governor Cuomo said. "It is a blatant and completely unacceptable abuse of trust for any doctor or healthcare provider to perform an exam that was not previously consented to by the patient, and with this new measure we are making crystal clear that this repugnant behavior will be punished accordingly."

Senator Roxanne J. Persaud said, "Thank you to Governor Cuomo for signing this important piece of legislation and ending this immoral behavior. Pelvic examinations while a necessity, should not be used as an arbitrary teaching tool at the whim of medical practitioners. A patient has enough to worry about when surgery is needed without the additional trauma of wondering if multiple persons who are not on their medical team will invade their most private body parts. Informed consent will prevent this from happening. No one should have to worry about what unauthorized procedure can be done to their anesthetized body."

Assemblymember Michaelle C. Solages said, "The practice of performing non-consensual pelvic examinations on unconscious patients is intrusive and unnecessary. With trust being so vital to the healthcare profession, New York State must take every measure possible to ensure that medical procedures meet the highest ethical standards. I am proud to join Senator Persaud in banning this invasive practice and codifying an added layer of protection for patients. I commend Governor Cuomo for signing this bill into law."

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