Legal Question in Sexual Harassment in Illinois

Can a doctor or clinic (namely Planned Parenthood) REQUIRE a pelvic exam in order to provide hormonal contraception? Current guidelines by many gynecological organizations state that hormonal contraception can be safely prescribed with only a blood pressure test and patient history, and many countries outside of the US no longer bundle a pelvic exam with birth control.

I believe it is a woman's right to choose not to submit to any test and still receive her prescription. Many women have been victims of abuse, or simply may not want to be violated by a stranger in rubber gloves, yet many doctors coerce them into humiliating exams by withholding hormonal contraceptives until they submit. Is this legal? Could a doctor or clinic really require a pelvic exam?

I understand that they don't want to be sued if a woman develops cancer, but I'd rather sue them for sticking a metal probe up my vagina and denying me medication. My only concern is preventing pregancy; I couldn't care less about cancer, since I wouldn't even seek treatment anyways. Could I sign a waiver promising not to sue them if I get my birth control without an exam? Or is such a waiver unnecessary, and they can't withhold any birth control in lieu of a pelvic exam?


Asked on 4/09/14, 10:15 am

1 Answer from Attorneys
Stephen Messutta

What you care about and what they NEED to care about as health care professionals can be very, very different. Planned Parenthood has its protocols as does any "clinic". And if they are only doing what local law requires, they have to protect their own licensing.

Frankly, my best suggestion is first ask the people at the clinic whether it is just their protocol or they are following the law as they think they have to, and if you are not satisfied contact the nearest ACLU office.

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Answered on 4/11/14, 10:09 am


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