Page 115 - Registrar Orientation Manual 2016

Document reference:
1969
Effective date:
30 Mar 2010
Expiry date:
01 Jun 2013
Page:
23 of 24
Title:
Informed consent
Type:
Policy
Version:
03
Authorising initials:
7. UseofRight7(4)oftheHealthandDisabilityServicesConsumers’Rights1996
APPLICATION OF OF RIGHT 7(4)
(All ages)
Has the patient ever been competent?
Start here:
Is the patient competent for the purposes of making their treatment decision?
The patient may authorise treatment
No
No
No Yes
Yes
No
No
Yes
Yes No
Is the patient 18 years of age or over?
Does the patient have an Advance Directive (AD), Welfare Guardian (WG) or Valid Enduring Power of Attorney (EPOA)?
Is the patient's legal guardian available? A reasonable effort must be made to locate a guardian. Remember parents are usually guardians but not always..
AD may authorise treatment or WG/EPOA may be able to consent (check documentation with Legal Services)
Is the patient 18 years of age or over?
Yes
Consider Right 7(4) HDC Code
Yes
No
Decide what treatment action is in patient's best interests.
The patient's legal guardian may authorise treatment.
Is there a person in NZ who is acting in the place of the patient's parent?
Yes
Having taken reasonable steps to ascertain the views of the patient (e.g. by considering what the patient says, previously expressed wishes of the patient, or what other people who know the patient have indicated the patient's views would have been) is your decision of what treatment action is in the patient's best interests consistent with the informed choice the patient would have been likely to have made if he/ she was competent?
Can't ascertain patient's view .
Yes
This person may authorise treatment.
Yes
Do what is in the patient's best interests, consent is not required.
Do other relevant people(eg. caregivers of family) think your proposed treatment/ non-treatment is in the patient's best interests?
No
Yes
No
Have the views of these other relevant people changed your view on what is in the patient's best interests?
No
Consult Legal Sevices