consent to treatment
A framework for consent
What circumstances require consent
Physicians must obtain consent for all treatment,
as defined in the Health Care Consent Act, 1996.
maker, regardless of whether or not physicians
use supporting documents, including consent
forms.
Who to obtain consent from
In order for consent to be valid, it must be obtained from the patient if they are capable with
respect to the treatment or from the substitute
decision-maker if the patient is incapable with
respect to the treatment.
How consent can be given
Consent to treatment may be express (explicit) or
implied (implicit).
What elements are required for consent
In order for consent to be valid, it must be related
to the treatment, informed, given voluntarily, and
not obtained through misrepresentation or fraud.
If any of these requirements are not met, the consent may not be valid. When obtaining consent
the College requires physicians to engage in a
dialogue with the patient or substitute decision-
cians must be satisfied that the information is
understood” and sets out the expectation that
physicians “take reasonable steps to facilitate the comprehension of the information
provided.” If physicians are
unsure of whether the consent
obtained is valid, treatment
must not be provided until
A legible,
the physician is assured that
understandable and
valid consent has been obtained, states the policy.
contemporaneous
The policy also states that
note in the patient’s
a legible, understandable and
record is the best
contemporaneous note in
the patient’s record regardevidence that the
ing consent to treatment is
dialogue took place
the best evidence a physician has to demonstrate that
the dialogue took place and
informed consent was given.
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Dialogue Issue 2, 2015
When and what to document
The College requires physicians to document
information regarding consent to treatment in
certain circumstances, and recommends that this
be done in all other circumstances.
When emergency treatment can be provided without consent
In emergencies, treatment can only be provided
without consent when certain requirements are
met.
As such, the College requires physicians to
document regarding consent to treatment in
certain circumstances, but r X