BILL NUMBER: S1092

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring consent
to perform a pelvic examination 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 § 2827 to the public health law to
forbid the performance of a pelvic exam on women whom are anesthetized
or unconscious, with certain exceptions.

 
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.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
Immediately.

                                
 
BILL NUMBER: S1092A

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the education law, in relation to
including in the definition of professional misconduct performing a
pelvic examination without consent 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 § 2827 to the public health law to
forbid the performance of a pelvic exam on women whom are anesthetized
or unconscious, with certain exceptions.

 
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.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

                                
 
BILL NUMBER: S1092C

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the education law, in relation to
including in the definition of professional misconduct performing a
pelvic examination without consent 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 patients whom have not consented to such an examination.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new § 2827 to the public health law to
forbid the performance of a pelvic exam on patients whom are anesthe-
tized or unconscious, with certain exceptions.

 
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 persons is widespread and common through out 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 patient 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 patients, 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.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

                                
 
BILL NUMBER: S1092D

SPONSOR: PERSAUD
 
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 § 2827 to 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.

                                
 
BILL NUMBER: S1092E

SPONSOR: PERSAUD
 
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.