Pelvic exams are routine, yet intimate, exams that are vital to reproductive health of women and people with uteruses. These exams are typically short and the licensed doctor, typically a gynecologist, will check the patient’s “vulva, vagina, cervix, ovaries, uterus, rectum and pelvis for any abnormalities”(1). A Pap test, which screens for cervical cancer, is often performed during a pelvic exam. With the nature of these exams being intimate, it is important for the patient to feel comfortable with their doctor including providing informed consent prior to the exam. Yet in Ohio, this is not the case in teaching hospitals when the patient is under anesthesia. Physicians will use this time to teach medical students how to perform a pelvic exam while the patient is under anesthesia for a separate procedure and did not consent to a pelvic exam. 

Surveys have found that 92% of medical students have performed pelvic exams on anesthetized female patients, with 62% of students claiming they did not have explicit consent from the patient (3). 

These practices go against recommendations from The Association of Professors in Gynecology and Obstetrics and the American Medical Association Code of Ethics (4). Furthermore, these practices go against Ohio Law Revised Code Section 2317.54, Informed consent to surgical or medical procedure or course of procedures (5). Section A states “The consent sets forth in general terms the nature and purpose of the procedure or procedures, and what the procedures are expected to accomplish, together with the reasonably known risks” (5). Section B states “The person making the consent acknowledges that such disclosure of information has been made and that all questions asked about the procedure or procedures have been answered in a satisfactory manner” (5). 

We propose an introduction of legislation that bans all pelvic exams where the patient did not give informed consent, with an exception for emergency situations where the patient is otherwise unable to consent and the exam is needed for the health/diagnosis of the patient. Both verbal and written consent to these exams shall be collected before the patient undergoes anesthesia for any procedure. If non-consensual exams are conducted, individuals who conducted the exam shall be charged with sexual battery and all sentencing that comes with this charge. Furthermore, these individuals shall have their medical licenses revoked as they broke their ethical code and state law. These measures will give patient’s ease to know that perpetrators will be punished if consent is not given.

Please sign this petition to urge legislatures in Ohio to introduce legislation to ban these non-consensual pelvic exams.

References:

1. Mayo Clinic S. Pelvic exam. Mayo Clinic. https://www.mayoclinic.org/tests-procedures/pelvic-exam/about/pac-20385135#:~:text=A%20pelvic%20exam%20usually%20lasts,performed%20during%20a%20pelvic%20exam Published July 24, 2021. Accessed October 19, 2022.
2. Unauthorized pelvic exams: Public engagement initiative. The Epstein Health Law and Policy Program. https://www.epsteinprogram.com/states-banning-unauthorized-pelvic-exams Accessed October 19, 2022. 
3. Valencia M. Hospitals are allowing medical students to perform pelvic exams on unconscious women - without their consent. HealthyWomen. https://www.healthywomen.org/your-care/pelvic-exams-unconscious-women Published May 24, 2021. Accessed October 18, 2022.
4.  Code of medical ethics: Consent, Communication & Decision making. American Medical Association. https://www.ama-assn.org/delivering-care/ethics/code-medical-ethics-consent-communication-decision-making Accessed October 19, 2022.
5. Ohio Rev. Code. Sec. 2317.54. Ohio Laws and Administrative Rules, 2021. Accessed October 23, 2022 from https://codes.ohio.gov/ohio-revised-code/section-2317.5