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This entry was published on 2021-10-29
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Information concerning pelvic exams
Public Health (PBH) CHAPTER 45, ARTICLE 25, TITLE 1
§ 2504-b. Information concerning pelvic exams. 1. On or before July
first, two thousand twenty-two, the department shall develop an
informational pamphlet for patients undergoing pelvic examinations. In
developing the pamphlet, the department shall consult with state
professional societies representing physicians in general, obstetricians
and gynecologists, family practice physicians, nurse practitioners,
physician assistants and midwives. The pamphlet shall include but not be
limited to information concerning, the following:

(a) what a pelvic exam is and how it is properly performed;

(b) if applicable, a description of other relevant exams;

(c) privacy expectations, including that privacy should be provided
for the patient both when undressing and dressing and that a gown or a
drape should be provided;

(d) an explanation of what a speculum is and how it should be properly
used during an examination;

(e) that gloves should be worn by the practitioner during the
examination; and

(f) a telephone number for the office of professional medical conduct
in the department and the office of the professions in the state
education department, at which a patient may report any misconduct that
the patient feels may have occurred.

2. The informational pamphlet shall be made available for use by
practitioners. The informational pamphlet shall be posted as a printable
file on the department's internet website, and may also be made
available for order as a printed deliverable on the department's
internet website.

3. The informational pamphlet shall be written in layperson's language
and shall be made available in English and the six most common
non-English languages spoken by individuals with limited English
proficiency in New York state as based on the most recent census.

4. A practitioner may provide the patient the informational pamphlet
developed pursuant to this section.

5. For purposes of this section, "practitioner" means a health care
professional licensed, certified, or otherwise authorized to practice
under the education law, acting within the scope of practice.