HHS warns schools against performing sensitive exams without patient's consent

April 1 (UPI) -- Health and Human Services Secretary Xavier Becerra sent a letter to teaching hospitals and medical schools warning them about performing procedures on patients without consent as they conduct investigations on such activities.

Becerra said HHS was aware of media reports and medical journal articles that have described such incidents where procedures were performed by the patients under anesthesia, including pelvic, breast, prostate and rectal exams.

"Informed consent includes the right to refuse consent for sensitive examinations conducted for teaching purposes and the right to refuse to consent to any previously unagreed examinations to treatment while under anesthesia," he said in his letter, which also list administrator Chiquita Brooks-LaSure and Melanie Fontes Rainer with the Office of Civil Rights, with Becerra.

Becerra said hospitals need to "set clear guidelines" to make sure providers and trainees into the habit of asking for consent for sensitive examines in advance, giving the patient the right to refuse.

"While we recognize that medical training on patients is an important aspect of medical education, this guideline aligns with the standards of care of many major medical organizations, as well as state laws that have enacted explicit protections as well," the letter said.

Last November, Pennsylvania joined a handful of other standings in barring medical students and healthcare professionals from performing pelvic exams on a patient under anesthesia or unconscious without first obtaining clear consent from the patient in advance.