HHS Underlines Consent Priority for Pelvic, Prostate Exams

Healthcare attorney Colbey Reagan was cited in a Law360 article about new federal guidance that teaching hospitals and medical schools must obtain written consent from patients before conducting pelvic, prostate or other sensitive medical exams. When issuing the directive, the U.S. Department of Health and Human Services (HHS) said it recognizes patient exams are routinely conducted as part of training but clarified that patients should know about them beforehand so they can make informed decisions. Mr. Reagan, who co-leads the firm's Healthcare Regulatory & Enforcement practice, said the guidance "makes clear" that consent is required for all procedures, especially those performed under anesthesia. He added that it is consistent with other state and federal regulations regarding informed consent and patient privacy.

"The guidance does not necessarily create any new rules," he explained. "It simply underscores that there is no implied medical education exception to the requirement that informed consent be obtained for all procedures."

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