Attorney General Matthew J. Platkin announced today that the Division of Consumer Affairs (“Division”) has alerted physicians statewide of their obligations under new rules adopted by the State Board of Medical Examiners (“Board”) to enhance patient safety during sensitive medical examinations.
The alert, emailed to more than 67,000 New Jersey-licensed physicians, notifies licensees of new Board rules requiring them to raise awareness of patients’ right to have an observer present during breast, pelvic, genitalia, and rectal exams; ensure that all patients—including those with limited English proficiency—understand their rights before the exam begins; and provide observers with information on how to report physician misconduct.
The new rules, which amend the Board’s existing rules regarding observers of sensitive exams, found at N.J.A.C. 13:35–6.23, are part of ongoing reforms by the Office of the Attorney General to combat sexual abuse and misconduct in professional settings.
“We are committed to ensuring patient safety and preventing sexual misconduct in medical offices across the state. Doing so is necessary to protect public welfare and uphold the integrity of New Jersey’s healthcare profession,” said Attorney General Platkin. “Through our continued efforts, we are making New Jersey safer and empowering patients to protect themselves from harm.”
“We are using all available tools – including the regulatory powers of our licensing boards – to ensure New Jersey patients are treated with dignity and respect behind the closed doors of exam rooms,” said Elizabeth M. Harris, Acting Director of the Division of Consumer Affairs. “By issuing this alert, we’re making sure that physicians statewide are aware of the new rules and what they must do to comply.”
Additional aspects of the new rules include:
- requiring physicians to provide patients with a written notice of their right to have an observer present during sensitive examinations and conspicuously post the notice in a way that ensures that patients are aware of their rights;
- requiring that the notice be posted in every location where a physician provides professional services, other than a health care facility licensed by the New Jersey Department of Health;
- requiring physicians to make the notice available in English, Spanish, and any of the other languages identified by the Director of the Division as the first language of a significant number of persons in the state;
- requiring physicians to confirm that patients have read and understood the notice before proceeding with a sensitive examination;
- removing any reference to “males” or “females” in establishing the right to an observer to afford all patients these rights regardless of gender identity or expression;
- requiring physicians to provide certain information to the observer, including how to report misconduct to the Board; and
- effective April 18, 2026, requiring licensees to use an observer who has completed a training course to ensure that observers are equipped to serve as an effective check on physicians who perform sensitive examinations.
This is the latest regulatory action the Board has taken to combat sexual misconduct by physicians. In May 2025, the Board adopted rules requiring physicians to complete two continuing medical education credit hours in programs or topics related to sexual misconduct prevention. Required topics include understanding sexual misconduct, including its forms and types; obtaining informed consent for sensitive procedures; understanding how to interact with victims of sexual abuse or harassment; understanding the power dynamics underlying sexual misconduct in the health care field; promoting bystander intervention and understanding the duty to report misconduct; and recognizing and reporting cases of human trafficking.
Information on filing a complaint of sexual misconduct against a licensed professional is available at https://www.njconsumeraffairs.gov/sexual-misconduct-complaint.
