OMA Toolkit: Medical Chaperone Rule
What is this toolkit about?
An Oregon Medical Board rule will require all board licensees to offer a trained chaperone to be physically present for all genital, rectal, and breast examinations starting July 1, 2023
Why is this important for medical practices?
The medical board studied the issue of sexual misconduct intending to bring forward best practices that reduce risks to patients and maintain public trust in the medical profession. As a result of the study, the board adopted an administrative rule applicable to all licensees of the board. Even before the rule, many medical practices included medical chaperones during sensitive exams to provide assurance to the patient and prevent any misunderstanding about the nature of an exam. The rule now creates an affirmative obligation for physicians, physician assistants, and other medical board licensees to offer a trained chaperone to be physically present for specific sensitive exams. As before the rule, a patient is not required to accept the presence of a medical chaperone and there are some limited special situations where patient safety might require immediate medical treatment without making the offer to a patient such as in an emergency care setting.
What should medical practices do?
The first step for a practice is to review the rule and the board’s frequently asked question page (see below under Additional Resources).
Another helpful step would be to identify members of the clinical and administrative team at the medical practice who could assist with incorporating the new obligation into the workflow. This might require determining which office visits would benefit from an advanced offer of a chaperone prior to the appointment day, reviewing any patient-friendly material made available that explains the role of a medical chaperone, and standardizing a training program for practice staff who could serve as chaperones but who do not hold an active Oregon license to practice a health care profession.
In addition to the medical board information, here are some questions and answers to keep in mind:
When is the rule effective?
July 1, 2023
Are there exceptions to the rule?
A patient is free to decline a chaperone and that decision should be informed. A treating professional is free to postpone a sensitive exam until a chaperone can be present. Whether a chaperone is present or not should be documented as part of the medical chart.
In medical emergencies, use common sense about the technical requirements of the rule and put patient safety first, especially if significant and imminent harm could occur if there is a failure to examine a patient. Documentation about the nature of the medical emergency will be helpful.
If a practice already uses medical chaperones routinely in sensitive exams there is no requirement to offer a chaperone. Again, documenting the presence of a chaperone even if it is routine practice is still a good idea.
Who can be a chaperone
Anyone who holds an active Oregon license to practice a health care profession, such as a physician, physician assistant, or registered nurse may act as a chaperone without additional training. All others in the practice without a license such as medical assistants must complete a course for medical chaperones that has been reviewed by the Oregon Medical Board.
How can our practice access chaperone training?
There are two avenues for training:
- The Oregon Medical Board continues to approve additional trainings. To learn more please visit: Medical Board Topics of Interest: Medical Chaperones.
- A practice or health care system may develop their own training courses and request a review by the Oregon Medical Board which aims to review requests within 10 business days.
Below are additional resources provided by the medical board. If a practice has questions about implementation of the rule, members of the OMA’s Knowledge Center team also may be contacted.
Additional Resources
Medical Chaperone Policy Sample: PDF Download
Medical Chaperone Policy Medical Assistant Workflow Sample: PDF Download
Medical Chaperones in Oregon Sample Signage: PDF Download
Medical Board Administrative Rule: OAR 847-010-0130
Medical Board Topics of Interest: Medical Chaperones
Medical Board FAQs on Chaperones
Medical Board Brochure About Physician Exams
Last updated: June 28, 2023
Disclaimer: This material is for informational purposes only and is not intended to constitute legal advice. The information, examples, and suggestions presented in this material (though reliable) should not be construed as legal or other professional advice. Before applying this information in legal situations, we recommend you consult with legal counsel or other professional advisors.