Tuesday, March 21, 2023

Change.org Petition: Oppose Non-Consensual Pelvic/Prostate/Rectal Exams in Massachusetts

Change.org

In dozens of states, medical students can perform pelvic exams on unconscious women — without their consent. The exams often aren’t related to the treatment the patient is receiving. Laws are starting to change because of public outcry. A’magine helped introduce a law banning these exams in New Mexico, and now she’s turning her attention to Massachusetts. Your signature will help A’magine ensure hospitals are treating women as patients, not teaching tools.

Oppose Non-Consensual Pelvic/Prostate/Rectal Exams in Massachusetts

37,723 have signed A’magine Goddard’s petition. Let’s get to 50,000!

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“Before anyone performs a pelvic, rectal, or prostate exam on me, I expect them to ask my permission first.” Does that seem like a reasonable statement to you? If so - we need your help. 

This statement is the sentiment at the heart of legislation that has been pending in Massachusetts since 2019 - legislation that would close legal loopholes that allow for non-consensual intimate exams on unconscious patients. 

It is unimaginable to most of us that in 2022 someone could or would ever be subjected to a non-consensual pelvic, rectal, or prostate examination. Yet, it is not uncommon for medical students to learn how to do intimate exams by "practicing" on anesthetized patients who have come in for surgical procedures, often without their  prior knowledge or consent. This practice has a long history in the US and, unfortunately, is legal in the majority of states. In fact, this peer-reviewed research study conducted by Dr. Ari Silver-Isenstadt showed that 90% of students learn to conduct pelvic, rectal, and prostate exams on unconscious patients without explicit consent. 

Intimate exams can happen to anesthetized patients in other scenarios as well. We are calling for the state of Massachusetts to protect ALL PATIENTS, regardless of gender, from non-consensual intimate exams. 

Both students and patients are traumatized by this long-standing practice. It is very hard for medical students to say "no" when they are asked to do something unethical, and the psychological impact on them can be significant. 

Our goal is to pass a law that will require healthcare providers, students, and trainees to explain the exams to patients ahead of time, introduce the individual or individuals who plan(s) to perform them, and require the patient’s signature on a form that clearly spells out the purpose and nature of the exam as well as who will be performing it. Patients will have the right to either consent or refuse. If they refuse, their bodies then cannot be used for training purposes. This would, in effect, bring medical practices and policies into line with what the general public overwhelmingly already wants and expects from our healthcare providers.

Please sign whether or not you live in Massachusetts

There is evidence of this happening in Massachusetts, where these practices remain legal. It goes without saying why you should care about this if you live in the state. However, even if you are not a Massachusetts resident, this issue very much impacts you too. The medical students who learn how to be doctors in Massachusetts go on to practice all over the country. The practices they learn and the attitudes toward consent and patient autonomy they acquire there will go on to impact the patients they end up seeing throughout their careers - in the South, in the Midwest, in the Southwest, on the West Coast - everywhere. There is a good chance you will be treated by a doctor who was educated in Massachusetts at some point in your life, meaning you have a stake in this legislation too. 

Medical Education Gets to do Better

Institutions often defend this practice as necessary for medical education. We need to ban this practice in order to make it clear that this kind of betrayal of patients’ bodies is not acceptable. It is time that we send a clear message that informed consent is critical for all intimate exams. Choice and consent to all medical procedures are our fundamental human rights.

We aren’t asking medical students to stop learning, and we aren’t asking medical schools to stop educating them. We are, however, demanding that any who are doing so at the expense of their patients’ dignity and bodily autonomy immediately stop. It is not only wrong - it is unnecessary. Studies show that up 72% of patients would consent to students performing practice exams on them if asked - but they rightly expect to be asked. 

It’s Time for Massachusetts

Twenty-one states have already passed laws requiring direct and informed consent for intimate exams, and we are hoping 2023 will see Massachusetts join them. Please sign our petition to show the Massachusetts state legislature that you support the passage of this law, and that you want to see the state take a strong stance supporting our right to decide what happens to our own bodies. Together, we can and we will get this done! 

RESOURCES:

>> Here are some resources documenting this practice, a recent article on best legislative practices and the trailer for the new documentary At Your Cervix <<

Medical Students Regularly Practice Pelvic Exams On Unconscious Patients

https://www.elle.com/life-love/a28125604/nonconsensual-pelvic-exams-teaching-hospitals/ 

Providers Are Sexually Assaulting Patients — and It’s Legal

https://www.healthline.com/health/nonconsensual-internal-exams-sexual-assault#1 

A Medical Student’s Perspective:

Barnes, S. S. (2012). Practicing pelvic examinations by medical students on women under anesthesia. Obstetrics & Gynecology, 120(4), 941–943. https://doi.org/10.1097/aog.0b013e3182677a28 

An Article on the Impact of Non-consensual Exams on Med Student Attitudes Toward Consent: 

*Ubel, P. A., Jepson, C., & Silver-Isenstadt, A. (2003). Don’t ask, don’t tell: A change in medical student attitudes after obstetrics/gynecology clerkships toward seeking consent for pelvic examinations on an anesthetized patient. American Journal of Obstetrics and Gynecology, 188(2), 575–579. https://doi.org/10.1067/mob.2003.85 

A Legal Perspective:

Wilson, R. F. (2005). Autonomy suspended: Using female patients to teach intimate exams without their knowledge or consent. Journal of Health Care Law & Policy, 8(2), 240-263. http://digitalcommons.law.umaryland.edu/jhclp/vol8/iss2/5

At Your Cervix - 2-minute Trailer (please join us in getting this film out there)

https://www.atyourcervixmovie.com 

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