Pelvic Exams, Consent, and
What it Means for YOU in the
Emergency Department
Session & Regulatory Update, August 2020
What YOU as an Emergency Physician NEED TO KNOW

There were only 2 exemptions for written consent included in the bill, and one is an emergency exemption.
See 2(b) above:
(b) The pelvic examination is immediately necessary to avert a serious risk of imminent substantial and irreversible physical impairment of a major bodily function of the patient.

Note if in your medical judgement the POSSIBILITY of the exemption in 2(b) above is not met, then:
(2) A health care practitioner, a medical student, or any other student receiving training as a health care practitioner may not perform a pelvic examination on a patient without the written consent of the patient or the patient’s legal representative executed specific to, and expressly identifying, the pelvic examination
Recent Petition for
Declaratory Statement Considered by
Board of Medicine
Though the Board of Medicine (BOM) met this month to consider a request for a Declaratory Statement regarding the legislation, the written order is not expected until the October BOM meeting.

Here's what was verbally clarified at that meeting:

  • Applies to females only and not males
  • Non-diagnostic procedures are NOT deemed examinations (examples given but not limited to: rectal wound care, rectal temps, foley catheters, diaper changes and cleaning)
  • Visual examinations not included
  • Only the health care professional performing the exam and not those assisting need to be listed on consent
Petition for Declaratory Statement by Board of Medicine
SB 698 now Chapter 2020-031 Laws of Florida
What is FCEP doing moving foward on the legislation?
Every Good Intention has its GLITCHES
FCEP Game Plan on Pelvic Exams 2020
(1). Dr Aaron Wohl and Dr Kristin McCabe-Kline on workgroup with FHA and Statutory Teaching Hospital Association to examine if there legally is a possibility to formally request a declaratory statement from the Board of Medicine that will be favorable for emergency medicine specifically. As discussed on Friday’s BOM call, there is an existing emergency care exemption; we are currently exploring with the other stakeholders, including the FMA, to determine if there is any potential to further clarify the language with the BOM. Our first call with FHA and Statutory Teaching Hospitals occurred last week; they are going back to their in-house legal teams for review. We are working to see if all 3 groups can produce uniform implementation protocols, as currently each hospital has its own implementation practices that differ per facility.

(2). Consideration of legislative fix next Session. 
  • Both House and Senate sponsors have always said this does not apply to emergency care, and confirmed again with House bill sponsor last week that it was never his intent to apply in emergency care.
  • The House bill sponsor, Rep Evan Jenne, is reaching out to Senate sponsor to coordinate, as will FCEP.
  • Note even on the official Senate release, Senator Lauren Book, Senate sponsor of the legislation, states this does not apply in cases of emergency: https://www.flsenate.gov/Media/PressRelease/Show/3296
What else was included in the legislation?
STATEMENT FROM SENATOR LAUREN BOOK, RE: DESANTIS SIGNATURE OF FERTILITY FRAUD & PELVIC EXAM BILL
(SB 698)
Plantation, FL — “The signing of this bill into law is a victory in the fight for women to have control over their own bodies. Women seeking fertility treatment in Florida will now be protected from a group of predatory physicians who commit selfish narcissistic acts; and pelvic exams will now require specific consent, except in cases of emergency, finally halting the wholly inappropriate practice of unapproved pelvic exams on unconscious women… where at best, these exams have been wrongful learning experiences for medical students or at worst, the equivalent of a sexual assault.”