Oklahoma's Own In Focus: Oklahoma Lawmaker Proposes Bill To Mandate Consent For Pelvic Exams On Unconscious Female Patients

A new bill from a Tulsa lawmaker would require hospitals to obtain written consent before performing pelvic exams on unconscious female patients.

It may seem like an obvious step, but research shows that medical students have performed such exams for decades without obtaining consent.

The issue gained widespread attention in 2020 when The New York Times published an article about a woman who had a pelvic exam conducted by a medical student during stomach surgery, despite explicitly stating she did not want medical students directly involved.

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In 2024, the Centers for Medicare and Medicaid Services issued new guidelines requiring hospitals to obtain consent for "sensitive examinations," including pelvic, rectal, prostate, and breast exams, particularly for patients under anesthesia. Hospitals that fail to follow the guidelines risk losing Medicare and Medicaid funding.

However, in Oklahoma, this practice is not currently prohibited by law.

Rep. Michelle McCane, D-Tulsa, is working to change that. Her proposed bill would ban pelvic exams on unconscious female patients unless they are medically or surgically necessary or the patient has provided informed written consent.

"I think even more so when it's not something you're aware of that's, a very violating feeling, and I think that just making sure that we're talking to people about it beforehand, I mean me, personally, I'm always like, yeah, if you need to teach students something or, you know, whatever. But that's the choice that I make, and I think everybody needs that, that choice."

HB 1018 prohibits unauthorized pelvic examinations on anesthetized or unconscious female patients unless informed written consent is provided. The bill would also provide exceptions if the exam is necessary for a surgical or diagnostic procedure, or the patient is unable to provide consent but the exam is required for their diagnosis or treatment.

McCane emphasized the importance of hospitals making consent forms accessible and easy for patients to understand.

Full Interview With Rep. McCane

The bill is set to be heard when the next legislative session begins on February 3.