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Medical chaperone policies are increasingly used to promote patient safety and address concerns related to provider misconduct and liability, particularly during sensitive examinations.
In recent years, lawsuits alleging sexual misconduct during medical exams have prompted states and professional boards to reexamine how providers protect patients and themselves. One increasingly common response has been to encourage—or, in some cases, require—the use of medical chaperones.
While the concept of a chaperone may seem straightforward, state laws vary, and compliance obligations often depend on a provider’s specific license. As a result, physicians, physician assistants, and nurse practitioners may face different expectations depending on where and how they practice.
States Approach Medical Chaperone Policies Differently
Wisconsin
The Wisconsin Medical Examining Board requires doctors in private practice to follow applicable chaperone-policy requirements.
More recently, physician assistants have also been required to either establish their own medical chaperone policy or follow their employer’s policy, depending on their practice setting. Failure to comply with an applicable chaperone policy may constitute unprofessional conduct.
For smaller practices that lack staffing flexibility, offering a chaperone in all circumstances may be unrealistic. In these settings, practices should consider alternative safeguards, such as patient education and clear communication regarding patient rights during sensitive examinations.
Illinois
Illinois takes a less prescriptive approach. There is no uniform statewide mandate requiring all providers to adopt medical chaperone policies. Instead, expectations typically arise from employer or hospital policies, professional standards, and guidance from malpractice carriers.
As a result, chaperone practices in Illinois can vary widely depending on the practice setting. Providers—particularly those who work across multiple facilities—should be aware of and understand each employer’s policies to ensure consistent compliance.
What Do Professional Associations Say?
Although there is no national standard governing medical chaperone use, some professional organizations provide useful guidance.
Physicians: The American Medical Association (AMA)
The AMA recommends adopting policies that allow patients to request a chaperone, require chaperones to maintain confidentiality, and permit authorized healthcare staff to serve as chaperones even when a patient’s trusted companion is present. The AMA emphasizes that chaperones can help prevent misunderstandings and protect both patients and providers.
Nurse Practitioners: The American Association of Nurse Practitioners (AANP)
The AANP does not publish a standalone chaperone policy. Instead, it generally emphasizes patient autonomy, professional judgment, and trauma-informed care during sensitive medical encounters, while deferring to state law and employer requirements.
Physician Assistants/Associates: American Academy of Physician Associates (AAPA)
Similarly, AAPA does not issue a formal chaperone policy. Its guidance stresses that physician assistants must comply with applicable state laws, employer policies, and supervising or collaborating arrangements.
Compliance Tips for Practices
Before adopting or revising a medical chaperone policy, practices should keep the following in mind:
- Know your state’s rules. Requirements may differ by provider type, not just by state.
- Avoid absolute promises. Policies should reflect good-faith efforts, not guarantees that may be impossible to meet.
- Build in flexibility. Staffing shortages, emergencies, and disaster scenarios should be accounted for.
- Use patient-friendly language. Terms such as observer, attendant, or third party may feel less intimidating to patients than the word chaperone.
This blog is made for educational purposes and is not intended to be specific legal advice to any particular person. It does not create an attorney-client relationship between our firm and the reader. It should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
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Sources
Medical ‘Chaperone’ Policy – Law 360 Healthcare Authority
Wisconsin Medical Examining Board – Clearinghouse Rule 22-063
The American Medical Association – Use of Chaperones
The American Association of Nurse Practitioners – AANP Member Spotlight
American Academy of Physician Associates – PA Practice Modernization
