KANSAS CITY, Mo. — A little-known practice that allowed medical students to perform pelvic and other intimate exams on unconscious patients without their consent is now banned in Missouri after action taken Thursday by Missouri Gov. Mike Parson.
The governor’s signature comes on the heels of a KSHB I-Team investigation last October that revealed medical students and other health care providers could legally perform these exams on anesthetized patients without their consent or knowledge in more than 25 states, including Missouri and Kansas.
After the I-Team’s investigation, lawmakers in Missouri and Kansas introduced legislation to stop this practice that is often done solely for medical students’ educational benefit.
“I was shocked,” Missouri Sen. Lauren Arthur (D - Clay County), told the I-Team last year. “I had not idea that this was a common practice.”
Two months after our investigation, Arthur introduced legislation to prohibit unauthorized exams on unconscious patients.
“Thanks to your reporting, I think a number of my colleagues were surprised to learn that patients don't have to consent to these invasive procedures,” she said. “And thankfully we've continued to be able to find bipartisan support to require consent.”
A day after the announcement, Arthur applauded the Governor’s decision to sign SB 106 into law and end what many called an egregious practice.
“This is a big step forward to protect patients and guarantee great bodily autonomy,” Arthur told the I-Team in a statement. “Other states have outlawed this practice, and I am glad my legislation to do the same will now become law.”
Woman who had unauthorized pelvic exam applauds Missouri's bill
A Utah woman the I-Team interviewed -- who woke up screaming in the middle of an unauthorized pelvic exam -- also applauded Missouri’s new law to end this practice.
“I am thrilled to learn that Governor Parson signed Senate Bill 106, sponsored by Senator Lauren Arthur, which bans pelvic and other intimate examinations on anesthetized patients without their informed consent,” Ashley Weitz told the I-Team. “Seeking and receiving healthcare can often feel daunting, and it is heartening to know that Missouri is taking this crucial step in ensuring that even—and most especially—at their most vulnerable, patients can expect to be treated with dignity and respect. “
She added: “I am so thankful to and for the incredible I-Team at KSHB who so thoughtfully investigated this issue, respectfully sought and shared my story, and presented accessible, actionable information to viewers and lawmakers to empower needed change. Congratulations, Missouri!”
Missouri’s new bill specifically prohibits health care providers or any student or trainee under the supervision of a health care provider from performing a prostate, anal, or pelvic exam on anesthetized or unconscious patients in a health care facility without informed consent. Those who violate the law will now face disciplinary action by their licensing board.
After the I-Team’s investigation, Kansas Rep. Rui Xu, (D - Westwood), introduced a similar bill in the Sunflower State.
"I can think of no more egregious invasion of privacy than waking up and realizing there had been a pelvic exam done on you without your expressed, informed consent," he said.
Xu’s bill, however, died in committee.
"I’m disappointed we weren’t able to take action on it this year, but I’m hopeful that next year we can at least hold hearings so we can debate the merits of the policy in public," Xu told the I-Team.
Medical students speak out against the practice
Lawmakers aren’t the only ones trying to end non-consensual intimate exams on patients.
In April, medical students at Kansas City University introduced a resolution to the Missouri State Medical Association stop this practice.
"I'm not out in the field so I've never been in this position myself, but I hope people start to realize this type of procedure isn't OK, and maybe it's something that has been ingrained through practice so people might not be consciously thinking about it," Ashley Glass, a second-year medical student at Kansas City University, told the I-Team.
Glass and two of her colleagues urged the MSMA to oppose these non-consensual exams on anesthetized patients solely for learning purposes.
"Especially for vulnerable communities, we're still trying to rebuild trust with a lot of marginalized communities and the history of medicine and people being mistreated," Charlie Adams, a second-year medical student, said. "Sensitive exams are something we really need to make sure we're doing perfectly."
The MSMA has not adopted the resolution yet -- telling students it needed more time to review the measure.
"Some physicians were concerned it would limit any type of emergency care they'd provide to patients, that's not the intent at all," Bethany Baumgartner, a first-year medical student, said. "This is a safeguard for patients but also for medical students. We don't want medical students to perform these types of exams on patients without their consent."
Missouri’s new law includes a provision for “emergency implied consent,” but states health care providers shall inform patients when any such exams are done. Previously, patients often had no idea these unauthorized examinations were performed because they weren’t noted in their medical charts.
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