Jackson celebrates national decision to denounce non-consenual pelvic exams, calls for Indiana to act

Yesterday, the Department of Health and Human Services (HHS) issued a letter to all teaching hospitals that they must obtain written, informed consent from a patient to perform a sensitive examination such as pelvic, rectal, prostate or breast exams. While this may seem like common sense, an investigation in 2020 found that medically unnecessary pelvic exams were being performed on women under anesthesia without their knowledge or consent to educate medical trainees. The HHS letter denounced the practice and stated that institutions that do not comply may lose access to Medicare funding. State Rep. Carolyn Jackson (D-Hammond) has authored bills to prohibit practitioners from performing sensitive examinations on an unconscious patient unless they have received informed consent in 2021, 2022, 2023 and 2024. None of these bills received a committee hearing. 

“I am so relieved to see the Department of Health and Human Services denounce the practice of non-consensual sensitive examinations,” Jackson said. “With the threat of losing federal Medicare funding if hospitals do not comply, I hope to see this archaic method of education end. 

“It is simply unethical to perform pelvic, rectal, prostate or breast examinations on a patient without consent while they are under anesthesia. Yet, this practice is not only legal, but it actively takes place in hospitals around the nation, including in Indiana. In many of these cases, the exam is done solely to educate medical students, not for any reason relating to the patient's health. While having experienced and highly trained medical staff is important, there is no excuse to violate a person’s body, autonomy, and trust. These types of policies perpetuate societal distrust of medical doctors, especially for communities of color who have experienced bias and trauma in the healthcare system.  

“While this is a long overdue and necessary first step, I call on Indiana to be on the forefront of this issue and pass a law prohibiting the practice. I have proposed legislation every year since 2021 to ban practitioners from performing pelvic, rectal or prostate exams on unconscious patients without consent. None of these bills have received a hearing in the House Committee on Public Health, but my resolve is stronger than ever. Rest assured that I will be proposing this bill once again next session. It is time for Indiana to meet this moment and follow the example of the 20 other states who have banned this bad medical practice.”