Should Australian states enact statutes that explicitly ban unconsented intimate exams performed by medical students for educational reasons?

Abstract

While the practice now seems to be relatively uncommon, in the recent past some medical doctors have instructed their students to perform intimate exams on unconscious patients without first securing their informed consent. Concern about the issue has led some American states to introduce legislation explicitly banning such exams. We consider if Australian states should do the same. Noting that there is little substantive evidence suggesting that the practice continues in Australia, we argue that the creation of specific laws lacks justification; such exams already contravene existing health law, which prohibits the conduct of any physical exam without first ensuring the patient’s consent. Furthermore, even if the practice continues, additional legislation will do little to address the more fundamental issue; a culture that considers the practice morally acceptable. We therefore argue that professional bodies, including student organisations, should issue formal position statements that not only reject such exams unequivocally, but also offer guidelines for best practice. Teaching hospitals and medical schools should adopt similar policies on the matter and ensure that these are discussed at relevant junctures in the curricula. Such policies should ensure accountability by setting out clear reporting lines that establish clear sanctions for those who instruct medical students to perform such exams.