Lesson 5- Consent Requirements

Explain why informed consent is required for HIV testing, even though the test itself is non invasive

Because state law mandates partner notification when an HIV-positive diagnosis is made, informed consent is required for the test, even though the test itself is non inasive

Differentiate between expressed consent and implied consent.

Expressed consent must be expressed (written), signed/dated by the patient or another person authorized to grant consent on the patients behalf. Implied consent is acceptable only in life-threatening situations in which the patient is unable to sign and a legal rep is not available.

State the conditions in which implied consent for medical care may be granted.

In emergency situations and when a patient is indicating by their behavior that they are accepting the procedure.

mature minor-

a person judged to be mature enough to understand the physicians instructions. Such a minor may seek medical care for treatment of drug or alcohol abuse, contraception, venereal disease and pregnancy.

minor-

a person under the age of 18 (termed infant under the law). The signature of a parent of legal guardian is needed for consent to perform a medical treatment in non emergency situations.

emancipated minor-

minors who can make their own health care decisions without parental or guardian involvement. They are treated as adults, under the law, and have the right to consent treatment and authorize disclosures of their own health information. Although the conditions vary, emancipated minors generally involve minors who are married, living away from their parents and family and responsible for their own support.

parents patriae authority-

occurs when the state takes responsibility from the parents for the care and custody of minors under the age of 18.