Board of Medical Examiners announces substantial changes to proposed rules to combat sexual misconduct
NEW JERSEY – The State Board of Medical Examiners (“Board”) Tuesday announced substantial changes to its proposed rules to combat sexual misconduct and abuse in physician exam rooms.
On April 15, 2024, the Board announced the publication of proposed amendments to its rules to enhance and expand patient protections and help prevent sexual misconduct by physicians by increasing public awareness of a patient’s right to have an observer present during sensitive exams, ensuring patients understand their rights, and ensuring observers are capable of serving as effective checks on physicians who perform sensitive exams. The public comment period on the proposed rules closed on June 14, 2024.
The Notice of Proposed Substantial Changes, published in the New Jersey Register Monday, provides notice of, and an opportunity for the public to comment on, proposed changes to the proposed rules. Among other changes, the Board proposes to remove the proposed requirement that the observer have a license or certification, and instead require the licensee to use an observer who has been trained.
In addition, the Board proposes to require licensees to provide observers with certain information, including how to report misconduct, and to require observers to provide licensees with an affirmation that the observer has not been convicted of certain crimes and has not been subject to discipline for failing to report misconduct. The Board also proposes changes related to the setting in which the rule applies and proposes to require documentation of the observer in the medical record. Finally, the Board proposes three limited exceptions to the proposed rule’s requirements of providing notice of the right to an observer and confirming that patients understand that right.
All the proposed changes and information on submitting a comment can be viewed here. All comments must be submitted by July 4, 2025.
