Is there a law against a female getting examined by a male doctor without a nurse or a CNA in the room?

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Is there a law against a female getting examined by a male doctor without a nurse or a CNA in the room?

Asked on September 22, 2010 under Malpractice Law, Montana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This question leaves an uneasy feeling when read because there appears that there may be a underlying reason behind the question that leads to a criminal act rather than a medical malpractice action.  Because of that I am going to say that it may be best for you to consult with an attorney in your area on this matter.  While it may be good protocol to have a female in the room when examining a female patient, there is no Federal legislation that I know of that would govern the 50 States to require it.  If there was statewide legislation then I could see lawsuit evolving on how that may be unduly burdensome on the rights of Doctor's to practice their profession.  A "commerce" issue so to speak, as they would be required to hire and pay additional people in order to practice.  The legislation would have to work both ways then: female doctors would have to have a male nurse in the room when examining male patients.  Check with an attorney in your state.  Good luck.    


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