What is informed consent?
Informed consent is agreement by a patient to a procedure after achieving an understanding of the relevant facts and risks involved.
What is required for valid consent?
The person giving consent must be of sufficient mental capacity and be in possession of all essential information.
When should consent be reviewed?
Consent should be reviewed anytime there is a change in treatment or unit of treatment.
What are the consequences of failing to obtain informed consent?
Failure to obtain informed consent constitutes a failure to maintain a standard of care and exposes a therapist to civil liability.
What are the legal requirements for informed consent?
Legal requirements include fees of service, business name and license of owner(s) if fictitious name is used, technology utilization, license status, posting of license in office, notice of privacy practices if HIPAA-covered, and notice where complaints can be filed.
What are the standard of care requirements?
Standard of care requirements include limits of confidentiality, risks and benefits of treatment, alternative treatments, right of refusal, cancellation policy, billing procedures, communication and emergency practices, background of therapist, and defining who client is.
What are the requirements for informed consent with minors?
Informed consent with minors must be signed. A minor 12 and older may consent for their own treatment if determined mature enough, and parents/guardians should sign Caregiver’s Authorization Affidavit.
Who can consent for treatment when parents are married?
When parents are married, either parent may consent for treatment.
Who can consent for treatment when parents are divorced?
When parents are divorced, the custody agreement will determine who can consent.
What is required for informed consent in foster care?
If the child is in foster care, the child’s lawyer must consent unless the court has issued a Minute Order for social worker or foster parent to consent.
What should informed consent with couples and families include?
Informed consent with couples and families should include discussion of a ‘no secrets’ policy.
What are some reasons to treat without consent?
Reasons to treat without consent include crisis situations and when a client refuses informed consent.
