Oklahoma's Own In Focus: Lawmaker Explains Intent Behind Women's Medical Consent Bill

A new Oklahoma bill looks to provide some more protection for women and girls during certain medical exams.

HB 1018 prohibits unauthorized pelvic examinations on anesthetized or unconscious female patients unless informed written consent is provided. The bill would also provide exceptions if the exam is necessary for a surgical or diagnostic procedure, or the patient is unable to provide consent but the exam is required for their diagnosis or treatment.

The bill author, Michelle McCane spoke with News On 6 about her intent with this piece of legislation. Find the Bill Here.

What is House Bill 1018 and What Does it Entail?

Representative Michelle McCane explained the purpose of the bill:

"This is just to provide a little bit more protection for people. We know that there are educational exams and things like that that happen, but we need to get consent first. I don't think that an education will need trumps the need for consent."

She emphasized the importance of consent, stating:

"I think even more so when it's not something you're aware of that's, a very violating feeling, and I think that just making sure that we're talking to people about it beforehand, I mean me, personally, I'm always like, yeah, if you need to teach students something or, you know, whatever. But that's the choice that I make, and I think everybody needs that, that choice."

How Does This Bill Differ from Existing Federal Guidelines?

Representative McCane clarified the key difference, saying:

"This is codifying it into law. This is not a suggestion. This is, this is what has to be done and then in this area. And so that's the main difference. I did see the federal guidance, and I am grateful for that, but I think codifying it into law just gives people more protections and security, and it also gives us the ability to then have some recourse against bad actors."

What Recourse is There if Hospitals Fail to Obtain Consent?

"I have not talked to anybody about the specifics of what we want those consequences to be, because I don't want people to think that we're getting into a place where we're trying to penalize health care providers for providing health care. And so it's not something that I'm looking for punishment on per se, that is obviously an aspect of violating the law."

Why Does the Bill Focus Specifically on Female Patients?

Representative McCane explained the strategic approach, saying:

"This has been run before, or a similar bill has been run before, and it didn't get a whole lot of traction. And so, for me, this is a start. I think that all intimate area exams should be covered under this, but I am in the Super minority. Here, and knowing that, I know that we have heard a lot from our Republican lawmakers about the safety of women, and so I'm hoping that if we start here and codify this law this way, or at least start the conversation, that we can then get to a place where it becomes all intimate area exams for everyone."

What Specific Exams Are Covered and Why?

Regarding the specific exams covered, Representative McCane stated:

"It just goes back to kind of a starting place, like I said, I would actually like to get this to a place where it's all intimate areas exams, so that would include breast exams, that would include prostate exams, and colonoscopies, that sort of thing. But again, just a starting place. I am not opposed to their maybe we get to a place of putting in an amendment. But I tried to look at what we could do right now, and what might have some traction."

How Can Hospitals Improve Consent Form Language and Maintain Patient Trust?

Representative McCane acknowledged the challenge of legal language:

"I think anytime we get into these types of consent forms or any type of documentation where we're asking people for permission for something, a lot of times the verbiage is legal verbiage that's required. And I get that and respect that. I think a lot of times, though, people forget how much jargon and stuff that you don't know when you're not in that field."

She suggested collaboration:

"I think our health practitioners are probably at a place where they're pretty familiar with the types of things that they asked and maybe some collaboration with the people that are handing out these forms, saying, Hey, what are parents asking, or what are families asking? How can we make this a better process for them?"

What's Next for House Bill 1018?

Representative McCane outlined the next steps:

"I am working to see what support we can get on the other side of the aisle, in the House and then also in the Senate. So I've talked to a couple of people to say, hey, let's have some conversations and see where that goes. My hope is that we're able to get this over the finish line this year, but if not, then I definitely will probably look at maybe potentially submitting this for an interim study so that we can go back to it again, and at that time, I think we could look at making it like an all intimate areas exam type of thing, to include those other areas as well."

Encouraging Public Engagement

"I think the main thing that I want people to know is I. Uh, we work for the people, and we need the people to stay in contact with us so that we can do that work correctly and in the way that they want us to do it. And so I just encourage everyone, and especially my constituents, to reach out to our offices, to send us emails or to make phone calls and let us know the things they have concerns about so that our legislation actually matches the will of the people."