Mercer Times

The Division of Consumer Affairs and Attorney General Matthew J. Platkin have revealed proposed rules aimed at addressing sexual misconduct and abuse in physician exam rooms in New Jersey. The new regulations are designed to enhance patient protections and prevent misconduct by physicians during sensitive examinations.

Attorney General Platkin emphasized the importance of these rules, stating, “New Jersey is committed to rooting out and preventing sexual misconduct and abuse in professional settings, including doctors' offices, where such breaches cause lasting harm to patients and tarnish the integrity of the medical profession.”

Cari Fais, Acting Director of the Division of Consumer Affairs, echoed this sentiment, saying, “Together with our Board of Medical Examiners, we are taking steps to protect patients when they are at their most vulnerable and to educate physicians on best practices during sensitive exams.”

Key aspects of the proposed rules include ensuring patients' right to have an observer present during sensitive examinations, regardless of gender identity or expression. This right extends to all patients and aims to increase public awareness and patient safety. Observers must be medically knowledgeable and trained to provide effective checks on physicians performing sensitive exams.

Physicians would also be required to provide patients with a written notice of their right to an observer, available in multiple languages, and confirm that patients understand this right before proceeding with an examination. The rules further mandate that observers be healthcare professionals licensed by the Board of Medical Examiners or the Board of Nursing, or Certified Medical Assistants.

Additionally, physicians would need to complete post-licensure education focused on preventing sexual misconduct in the medical profession. This education would cover various topics related to sexual misconduct prevention, including understanding different forms of misconduct, obtaining informed consent for procedures, and recognizing and reporting cases of human trafficking.

The proposed rules are open for public comment until June 14, 2024. More information on the rules and how to submit comments can be found on the Division of Consumer Affairs website.