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Testimony Before the Massachusetts Joint Committee on Public Health Hearing Regarding an Act Relative to Chaperones for Medical Exams (H2362/S1491 Bill)

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Azza AbuDagga, Ph.D.
Public Citizen’s Health Research Group
June 23, 2025

I am Azza AbuDagga, a Health Services Researcher at Public Citizen’s Health Research Group. We have analyzed sexual misconduct reports in the National Practitioner Data Bank (NPDB), published recommendations regarding best practices for preventing patient sexual abuse, and called for zero tolerance of all forms of sexual abuse of patients under the guise of health care.[1],[2],[3],[4]

We strongly support the chaperone-policy bill (S.1491/H.2362), which would require health care providers to offer trained, licensed chaperones during all genital examinations, regardless of patient gender, and during breast examinations for female patients.[5],[6]

It is common sense that the physical presence of a trained chaperone during sensitive medical examinations is critical to prevent patient sexual abuse. Moreover, based on my experience analyzing non-publicly available deidentified narrative descriptions of NPDB reports for more than 1,300 physicians who had been disciplined for sexual misconduct, I do not recall that any of these physicians had a licensed chaperone present when they sexually abused their patients. Therefore, we have recommended offering patients the right to a trained chaperone not only during sensitive physical examinations, but also during all clinical encounters (including any physical examinations, procedures, or other interactions) when requested by patients because the risk of patient sexual abuse is not limited to sensitive examinations.[7] Given that most patients prefer a chaperone of the same gender, we recommend that the chaperone be a person acceptable to the patient, including their preferred gender identity. We also recommend that the chaperone should not have past criminal, disciplinary, or malpractice history.

The value of routine use of chaperones has increasingly been recognized. For example, in 2020 the American College of Obstetricians and Gynecologists called for the “routine” use of chaperones for all breast, genital, and rectal examinations instead of its previous recommendation of an “opt-in” approach for this issue.[8] Moreover, since July 2023 the Oregon Medical Board has adopted a chaperone requirement for all of its licensees[9] that is almost identical to the bill Massachusetts is considering. Similarly, New Jersey is currently considering a rule for establishing an explicit right for patients to have a trained observer (chaperone) present during sensitive examinations by physicians in addition to requiring ways to inform patients about this right.[10]

Therefore, we urge you to pass the proposed bill because it is a bare-minimum measure to protect patients from the pervasive problem of sexual abuse at the hands of health care professionals.

Thank you for considering our testimony on this important proposed bill.

[1] AbuDagga A, Carome M, Wolfe SM, Oshel RE. 15-year summary of sexual misconduct by U.S. physicians reported to the National Practitioner Data Bank, 2003 ― 2017. In-depth, updated evidence on white coat betrayal. May 26, 2024. https://www.citizen.org/wp-content/uploads/2523.pdf. Accessed June 20, 2025.

[2] AbuDagga A, Carome M, Wolfe SM. Time to end physician sexual abuse of patients: Calling the U.S. medical community to action. J Gen Intern Med. 2019;34(7):1330-1333.

[3] AbuDagga A, Wolfe SM, Carome M, Oshel RE. Crossing the line: Sexual misconduct by nurses reported to the National Practitioner Data Bank. Public Heal Nurs. 2019;36(2):109-117.

[4] AbuDagga A, Wolfe SM, Carome M, Oshel RE. Cross-sectional analysis of the 1039 U.S. physicians reported to the National Practitioner Data Bank for sexual misconduct, 2003–2013. PLoS One. 2016;11(2):e0147800.

[5] 194th General Court of the Commonwealth of Massachusetts. Bill S.1491. An act relative to chaperones for medical exams, presented by Brendan P. Crighton. February 27, 2025. https://malegislature.gov/Bills/194/S1491. Accessed June 20, 2025.

[6] 194th General Court of the Commonwealth of Massachusetts. Bill H.2362, presented by
Jennifer Balinsky Armini & Natalie M. Higgins. February 27, 2025. https://malegislature.gov/Bills/194/H2362. Accessed June 20, 2025.

[7] Public Citizen. Comments on New Jersey’s proposed rule on sexual misconduct education and prevention. June 14, 2024. https://www.citizen.org/article/comments-on-new-jerseys-proposed-rule-on-sexual-misconduct-education-and-prevention/. Accessed June 20, 2025.

[8] American College of Obstetricians and Gynecologists (ACOG). ACOG Committee opinion no. 796: Sexual misconduct. January 2020. https://www.acog.org/-/media/project/acog/acogorg/clinical/files/committee-opinion/articles/2020/01/sexual-misconduct.pdf. Accessed June 20, 2025.

[9] The Oregon Medical Board. Offering a medical chaperone. https://www.oregon.gov/omb/topics-of-interest/pages/chaperone.aspx. Accessed June 20, 2025.

[10] New Jersey Division of Consumer Affairs. Notice of proposed substantial changes upon adoption to proposed amendments sexual misconduct prevention. May 5, 2025. https://www.njconsumeraffairs.gov/Proposals/Pages/bme-05052025-proposal.aspx. Accessed June 20, 2025.