Page 100 - Registrar Orientation Manual 2016

Document reference:
1969
Effective date:
30 Mar 2010
Expiry date:
01 Jun 2013
Page:
8 of 24
Title:
Informed consent
Type:
Policy
Version:
03
Authorising initials:
2.2. Other circumstances
requiring consent
 Consent is required in situations beyond those set out above at 2.1 where treatment is proposed.. Examples include:
- every healthcare service (treatment or procedure)
- where a student, staff member or external personnel wish to
observe procedures in theatre
- where the patient’s information will be used for case studies, peer
review or exemplars
- where a teacher wishes to involve the patient in a teaching or
clinical demonstration session.
Note: Consent is not required where information is used for teaching purposes and is not identifiable to the patient.
3. Whenisconsentnotrequired?
 There are a number of statutory exceptions to the requirements for informed consent (see Appendix B,5).
 In an emergency situation the primary need is to treat the patient, and circumstances may make gaining informed consent impossible.
 An emergency exists when immediate action must be taken to preserve the life or health (physical or mental) of the patient. In such situations the treatment provided shall only be that necessary to correct the life- or health-threatening situation. Any further treatment shall be deferred until consent is obtained.
4. Howlongisconsentvalid?
 There are no limits placed on the length of time over which consent for treatment or a procedure remains valid. However, a patient may change their mind and withdraw their consent at any time. The currency of consent should be checked at reasonable intervals in case it has been withdrawn or the patient’s previous consent has effectively lapsed. This is a period of time after which the proposed treatment can be considered to be “new” and no longer relates to any prior consent.
 The need to obtain new consent arises when there is a change to some relevant circumstance e.g. new information about complications of the proposed treatment; a significant change in the patient's condition, new or different treatment is proposed or where consent has been withdrawn.
5. Whocangiveinformedconsent?
 For informed consent to be valid, it must be given by a competent patient or their legal representative (see Definitions Appendix B, 1) as summarised in the table below.