Oklahoma & Other States Address the Issue of Involuntary Pelvic Exams on Unconscious Patients
In Oklahoma, legislators are gearing up to confront a troubling medical practice during the upcoming session—pelvic exams performed on unconscious patients without their informed consent. This issue came to light through an interim study led by Rep. Marilyn Stark, R-Bethany, and has sparked a critical conversation about patient rights and medical ethics.
Rep. Stark's interest in the issue began when a colleague shared a constituent’s experience of undergoing two pelvic exams under anesthesia without giving prior permission. Upon investigating further, Stark was alarmed to discover that these exams, often conducted for educational purposes by medical students, happen without patient consent more frequently than she had anticipated.
The issue is not just an ethical concern but a legal one, as only 25 states have passed legislation requiring informed consent for these exams. States like Texas, Utah, and Missouri are among those that have already addressed this issue, ensuring patient protection. But Oklahoma has yet to enact such legislation, leaving room for potential violations of trust and medical transparency.
Mollie Montague, a key voice in the discussion and the director of state legislative affairs for RAINN (the Rape, Abuse and Incest National Network), emphasized the need for reform. Montague pointed out that while medical students typically begin learning pelvic examination techniques using mannequins or non-patient volunteers, some states still allow students to perform these exams on unconscious patients undergoing unrelated surgeries, often without informed consent.
This practice raises significant concerns, especially for survivors of sexual assault. Montague explained that these exams are not performed for any therapeutic or medical purpose but purely for educational reasons, which can lead to retraumatization for patients unaware they are being examined. For medical professionals and students, there’s also the added burden of guilt and anxiety that arises from unknowingly violating a patient’s trust.
“Requiring informed consent serves to protect both the patient and the medical professional,” Montague said. She argued that the simple act of obtaining consent not only ensures transparency but also shields medical students from ethical dilemmas and helps prevent the potential retraumatization of sexual assault survivors.
Rep. Stark echoed these concerns, expressing her belief that performing such exams without consent should be classified as a crime. “Once I found out this happened regularly, I thought these incidents need to affect medical licensure in some way,” she remarked. Stark is determined to push for legislation that could make Oklahoma’s protections the strongest in the nation.
The push for reform has significant backing. A 2021 study conducted by the University of Oklahoma found that a large majority of medical students had performed pelvic exams on patients undergoing gynecological surgery, with nearly 75% of those patients unaware the exams had occurred.
As the Oklahoma legislature prepares for the next session, many hope that the issue of informed consent for medical exams will be front and center. Lawmakers like Stark are focused on crafting legislation that could ensure Oklahomans' medical rights are respected, particularly when they are most vulnerable. It’s clear that informed consent isn’t just a medical formality—it’s a fundamental right that must be protected to maintain trust between patients and the medical community.
The Path Forward
The push for legislative reform in Oklahoma comes at a critical time, as more states recognize the need to prioritize patient rights and informed consent in medical settings. With growing awareness and a determined legislative body, there is hope that Oklahoma will soon join the ranks of states that protect both patients and medical professionals by ensuring transparency and respect for patient autonomy.