NJ alerts physicians to new rules aimed at preventing sexual misconduct during sensitive exams

TRENTON, N.J. — The New Jersey Division of Consumer Affairs has notified more than 67,000 physicians statewide of new regulations designed to strengthen patient protections and prevent sexual misconduct during sensitive medical examinations, Attorney General Matthew J. Platkin announced Wednesday.

The alert outlines obligations under rules recently adopted by the State Board of Medical Examiners requiring physicians to inform patients of their right to have an observer present during breast, pelvic, genitalia and rectal exams. Physicians must also ensure that patients — including those with limited English proficiency — understand these rights before an exam begins, and must provide observers with information on how to report physician misconduct.

The rules amend N.J.A.C. 13:35–6.23 and are part of the Attorney General’s broader initiative to combat sexual abuse and misconduct across professional environments.

“We are committed to ensuring patient safety and preventing sexual misconduct in medical offices across the state. Doing so is necessary to protect public welfare and uphold the integrity of New Jersey’s healthcare profession,” said Attorney General Platkin. “Through our continued efforts, we are making New Jersey safer and empowering patients to protect themselves from harm.”

Elizabeth M. Harris, acting director of the Division of Consumer Affairs, said the alert ensures compliance across the medical community. “We are using all available tools – including the regulatory powers of our licensing boards – to ensure New Jersey patients are treated with dignity and respect behind the closed doors of exam rooms,” Harris said. “By issuing this alert, we’re making sure that physicians statewide are aware of the new rules and what they must do to comply.”

Under the new requirements, physicians must provide written notice informing patients of their right to an observer and must conspicuously post the notice in every location where they provide professional services, except for facilities licensed by the Department of Health. Notices must be available in English, Spanish and other languages designated by the Division. Physicians must also confirm that patients have read and understood the notice before conducting a sensitive exam.

The rules expand protections to all patients by removing gendered references and requiring physicians to give observers information on reporting misconduct to the Board. Effective April 18, 2026, physicians must use an observer who has completed a specialized training course designed to ensure observers can effectively safeguard patients during examinations.

The Board previously adopted rules in May 2025 requiring physicians to complete two continuing medical education credits in topics related to sexual misconduct prevention, including informed consent, dynamics of abuse, bystander intervention and recognizing and reporting human trafficking.

Information on filing a complaint of sexual misconduct against a licensed professional is available at https://www.njconsumeraffairs.gov/sexual-misconduct-complaint.