Informed Consent
Under Sec. 51.61, Wisconsin Statutes, The patient’s
written, "informed consent" is required:
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To perform labor which is of financial benefit to the
facility. (§ 51.61(1)(b)1c)
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For all medication and treatment (unless court-ordered). (§
51.61(1)(f)-(g))
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To be subjected to experimental research. (§ 51.61(1)(j))
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To be subjected to psychosurgery, or other drastic
treatment procedures. (§ 51.61(1)(k))
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For release of treatment records (with 27
exceptions - refer to § 51.61(1)(n) and § 51.30 for list)
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To be filmed or taped. (§ 51.61(1)(o))
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For customary and usual treatment techniques and procedures,
"…unless the person has been found not competent to refuse
medication and treatment under § 51.61(1)(g). In the case of a minor,
the written, informed consent of the parent or guardian is
required. Except as provided under an order issued under § 51.14 (3)
(h) or (4) (g), if the minor is 14 years of age or older, the
written, informed consent of the minor and the minor's
parent or guardian is required…" (§ 51.61(6))
Guardian's Consent
Any informed consent which is required under sub.
(1)(a) to (i) may be exercised by the patient’s legal guardian if
the patient has been adjudicated incompetent and the guardian is so
empowered, or by the parent of the patient if the patient is a minor. (§
51.61(8))
HFS 94.02(22), Wisconsin Administrative Code -
"Informed consent" or "consent" means written consent voluntarily
signed by a patient who is competent and who understands the
terms of the consent, or by the patient's legal guardian or the parent
of a minor, as permitted under s.51.61(6) and (8), Stats., without any
form of coercion, or temporary oral consent obtained by telephone in
accordance with HFS 94.03 (2m).
HFS 94.03, Wisconsin Administrative Code -
"INFORMED CONSENT. (1) Any informed consent document required under
this chapter shall declare that the patient or the person acting on the
patient’s behalf has been provided with specific, complete and accurate
information and time to study the information or to seek additional
information concerning the proposed treatment or services made necessary
by and directly related to the person’s mental illness, developmental
disability, alcoholism or drug dependency, including:
(a) The benefits of the proposed treatment and
services,
(b) The way the treatment is to be administered
and the services are to be provided,
(d) Alternative treatment modes and services,
(e) The probable consequences of not
receiving the proposed treatment and services,
(f) The time period for which the informed
consent is effective, which shall be no longer than 15 months from
the time the consent is given, and
(g) The right to withdraw informed consent at
any time, in writing.
(2) An informed consent document is not valid unless
the subject patient who signed it is competent, that is, substantially
able to understand all significant information which has been explained in
easily understandable language, or the consent form has been signed by
the legal guardian of an incompetent patient or the parent of a minor,
except that the patient’s informed consent is always required for the
patient’s participation in experimental research, subjection to drastic
treatment procedures or receipt of electroconvulsive therapy.
(2m) In emergency situations or where time and
distance requirements preclude obtaining written consent before beginning
treatment and a determination is made that harm will come to the
patient if treatment is not initiated before written consent is obtained,
informed consent for treatment may be temporarily obtained by telephone
from the parent of a minor patient or the guardian of a patient. Oral
consent shall be documented in the patient’s record, along with details
of the information verbally explained to the parent or guardian about the
proposed treatment. Verbal consent shall be valid for a period of 10
days, during which time informed consent shall be obtained in writing.
(3) The patient, or the person acting on the patient’s
behalf, shall be given a copy of the completed informed consent
form, upon request.
(4) When informed consent is refused or withdrawn,
no retaliation may be threatened or carried out."
Last Updated: November 16, 2004 |
