Basics
- All health-care treatments, tests, and procedures require the consent of the patient or an authorized representative such as a parent, legal guardian, or person with durable or health-care power of attorney. Treatments or procedures that carry very little risk to the patient require simple consent. In acute care, simple consent is usually obtained during the admission process. In outpatient care, simple consent is implied by the patient submitting specimens for analysis, having blood drawn, or filling prescriptions.
- Informed consent is required when the risk for unintended harm is greater, which generally is associated with invasive procedures. The patient must be informed of the risks and benefits of the procedure as well as alternative options, including no intervention, and their risks and benefits. The patient has the right to refuse.
- State law varies, but it is ultimately the physician's responsibility to discuss the benefits or potential harm associated with the procedure. Again, state law and facility policy varies, but other health-care personnel, including nurses and technicians, may obtain and witness the patient's signature on the consent form after the information has been provided.