By Carmen Hubbs
Accurate records of sexual abuse complaints against health care providers are not always easily accessible to consumers. Most studies show anywhere between 33% and 80% of physicians who sexually abuse have more than one victim, with results from a 2017 study that found 57% of physician-related cases of sexual misconduct involved 5 or more victims. While the research indicates that only a small percentage of medical providers engage in sexual misconduct with their patients, it is concerning to see the frequency of sexually abusive behaviors within this offender group.
SB 20-102 will prevent bad actors like Dr. Larry Nassar of the USA Gymnastics National Team from operating undetected in Colorado by requiring pro-active patient notification.
You can show your support for this legislation by contacting your state Senator prior to the next hearing on this bill — scheduled for this Wednesday, February 5.
While thankfully we don’t often hear of these reports, we can’t be naïve to believe sexual assaults and abuses don’t happen in this context within our small community. Sex offenders thrive in any opportunity they have, especially if that occasion puts them in a position of trust. Medical providers especially have a unique opportunity. In what other instance are our bodies the most vulnerable to inappropriate touch?
Sexual violence, including sexual abuse committed by a medical provider, is not about sex but about entitlement and power. Those in power who sexually abuse — individuals like newsroom executives, Hollywood actors, religious leaders, physicians, and others — exploit the illusion of trust that comes with their power, to intimidate and coerce their victims to engage in unwanted sexual activity. Their actions, although sexual in nature, are essentially about exerting power over another person.
SB 20-102 will lift the veil of secrecy that shields serial sexually abusive medical providers by requiring the contact information of the licensing Board be included in the patient notification written disclosure. This legislation increases transparency and protects patient safety by requiring licensed medical professionals with credible findings of sexual misconduct to make a proactive written notification to any new or current patient during their probation, in addition to self-reporting to Healthcare Professions Profile Program.
SB 20-102 also:
- Requires patient notification to include the type, scope, and duration of the disciplinary action or judgment imposed.
- Requires the provider to obtain a patient’s signed agreement to treatment and acknowledgement of receipt of disclosure prior to providing services.
- Establishes a failure to comply with patient notification as grounds for further discipline.
It takes an incredible amount of grit and resiliency for a victim of sexual abuse to come forward. Research indicates there are many motivating factors victims take into consideration in deciding when and how to report sexual abuse, including the understanding that their disclosure – however painful and no matter the cost or personal consequences – might prevent the sexual assault of another victim. SB 20-102 shifts the burden from patients to sexually abusive health care providers and places the responsibility on sexually abusive providers to alert patients of their behavior and terms of discipline.
I strongly urge every member of our community to contact Senator Coram and ask for his support of SB 20-102 a bipartisan bill to protect patient safety. This bill prevents bad actors within the medical profession from operating undetected in Colorado by requiring proactive patient notification to give health care consumers all the information they need to make safe choices about how they and their families receive quality health care.
Carmen Hubbs is Executive Director for Rise Above Violence, Pagosa Springs, CO.