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Bill requiring consent for pelvic exams in Washington gets bipartisan support

Feb 28, 2020, 10:35 AM | Updated: 10:36 am

Olympia, legislative session, inslee covid, capital gains tax, unemployed...

The Capitol Building in Olympia. (AP Photo/Ted S. Warren, File)

(AP Photo/Ted S. Warren, File)

Doctors and medical students performing pelvic exams on unconscious women without permission: It may sound crazy, but it鈥檚 actually been a widespread practice across the country for decades.

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It鈥檚 an invasive and personal medical procedure that even in the best of circumstances, can be traumatic for some women, especially survivors of sexual abuse.

But if you think that means doctors have to first get a woman鈥檚 permission to do such as exam, you鈥檇 be wrong.

For decades, it has been a common practice across the country for hospitals to let medical students do pelvic exams on women under anesthesia or are otherwise unconscious as a teaching tool without consent, because it鈥檚 not required in most states, including Washington.

Democratic Sen. Marko Liias couldn鈥檛 believe it when he heard from a Washington woman on social media warning about the gap in the law.

鈥淚t sounded so wild, I couldn鈥檛 believe that it could be true,鈥 Liias said.

He had his team in Olympia dig in as part of a fact-finding mission.

鈥淚t is true — there鈥檚 no requirement to get informed consent [in Washington] for a pelvic exam while unconscious,鈥 Liias said.

That had Liias proposing requiring doctors and their students to get informed consent for pelvic exams in Washington. The measure is poised to pass the Legislature with strong bi-partisan support.

The fact is that most people simply did not know this was happening. It鈥檚 only quietly come to light over the last 10 to 15 years, and only just got widespread attention in the last year or so, with many states passing their own laws requiring informed consent for pelvic exams.

As far as whether this has happened in Washington state…

鈥淲hat we know is that it鈥檚 not happening at medical schools [in Washington] which is the typical case we鈥檇 seen nationwide,” Liias explained.

But he hesitates to say it has never happened in Washington after reading a recent report on it .

鈥淲hen I read that New York Times article it made me realize that there are probably other circumstances that this could happen,鈥 Liias explained.

鈥淚t definitely underscored the need for me to put that protection in law so that whatever circumstances may or may not have been happening, that that doesn鈥檛 happen in the future 鈥 that women always have the right to have control over their bodies, even when they鈥檙e unconscious,鈥 Liias said.

Women who have been given pelvic exams without consent often feel violated, and that鈥檚 especially true of they are sexual assault survivors, Liias found.

鈥淚n their words the body has memory, and so even if a woman is not conscious there still are very real impacts on their body that can cause trauma and can cause that sense of violation. So it鈥檚 not an innocent practice [and] it鈥檚 one that we want to make clear is not okay here, 鈥 Liias explained.

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His bill requires doctors in Washington and their students to have informed consent before performing a pelvic exam on an unconscious woman from either the patient or their representative.

That comes with one exception, though.

鈥淚f a woman is suspected to have been a victim of sexual assault and they can鈥檛 give consent, and [doctors] need to perhaps do an exam to collect evidence in case once the woman regains consciousness, does want to see prosecution,鈥 Liias said, explaining how lawmakers heard from sexual assault experts to find the best way to handle that scenario.

In that particular scenario, when a woman wakes up, she would retain control over the evidence gathered.

The Senate just needs to sign off on that amendment and the bill will head to Gov. Inslee’s desk to be signed.

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Bill requiring consent for pelvic exams in Washington gets bipartisan support