How long is consent valid for

However, any lengthy delay between the form being signed and the treatment, any sign that the patient has concerns or might have changed her or his mind, or any other indication that reliance should not be placed on the written consent, should be followed up by discussions with the patient. In the case of doubt, check with the patient again. The Kennedy Report, following the inquiry into the Bristol paediatric heart surgery, made significant recommendations in relation to obtaining consent.

Sign in or Register a new account to join the discussion. You are here: Archive. What is the law on patient consent? NT Contributor. Please remember that the submission of any material is governed by our Terms and Conditions and by submitting material you confirm your agreement to these Terms and Conditions. For consent to be knowledgeable, you must understand the purpose of the collection, use or disclosure and know that you can give or withhold consent.

Additional conditions apply if you are under the age of 16, or if you have a substitute decision-maker due to incapacity. What is express consent and when is it required? Express consent is given either verbally or in writing, to a custodian to collect, use or disclose your personal health information. Except in circumstances where PHIPA permits the collection, use or disclosure without consent, express consent is required if:.

Just like it is possible to provide express consent, it is also possible to expressly withhold or refuse to give consent to the collection, use or disclosure of personal health information. If consent is withheld or not given, then the custodian cannot collect, use or disclose your personal health information unless PHIPA otherwise allows the practice without consent. What is implied consent and when is it sufficient? Implied consent is not defined in PHIPA ; however, it is understood to be consent that one concludes has been given based on what an individual does or does not do in the circumstances.

For example, a custodian is not required to obtain your written or verbal consent every time your personal health information is collected or used in the course of receiving medical care. It may also be reasonable for a custodian to conclude that you have consented to the disclosure of your personal health information to another custodian for the purposes of providing or assisting in providing health care.

For example, when you consent to a physician issuing a prescription, it may be reasonable for the physician to conclude that you have given implied consent to the disclosure of your personal health information for the purposes of filling a prescription.

Similarly, by receiving the prescription from you or your physician, the pharmacist can reasonably conclude that you consented to the collection of this information for the same purposes.

What is the difference between implied consent and assumed implied consent? In the case of implied consent, custodians must ensure that all the required elements of consent are fulfilled before collecting, using and disclosing your personal health information.

But clinicians must take reasonable steps to discuss the situation with the person's friends or relatives before making these decisions. Read more about assessing the capacity to consent , which explains what someone can do if they know their capacity to consent may be affected in the future. Someone could also give non-verbal consent, as long as they understand the treatment or examination about to take place — for example, holding out an arm for a blood test. If someone's going to have a major procedure, such as an operation, their consent should be secured well in advance so they have plenty of time to understand the procedure and ask questions.

If they change their mind at any point before the procedure, they're entitled to withdraw their previous consent. But someone with parental responsibility may need to give consent for a child up to the age of 16 to have treatment.

Find out more about how the rules of consent apply to children and young people. There are a few exceptions when treatment may be able to go ahead without the person's consent, even if they're capable of giving their permission. A person may be being kept alive with supportive treatments, such as lung ventilation, without having made an advance decision , which outlines the care they'd refuse to receive.

In these cases, a decision about continuing or stopping treatment needs to be made based on what that person's best interests are believed to be. To help reach a decision, healthcare professionals should discuss the issue with the relatives and friends of the person receiving the treatment.

Treatment can be stopped if there's an agreement that continuing treatment is not in the person's best interests.