Consent And Data Protection Flashcards
State consent criteria
Consent:
- Voluntary
- Capacity
- Informed
What 5 steps must occur for consent to be valid?
- The person must be fully informed about the benefits and risks of the procedure, so that they can make an informed decision
- The person must understand the information given (they must have legal “capacity”)
- The information given must be specific to the procedure and to what is going to be done
- The person must accept the procedure voluntarily, without being forced
- Consent must be given before the procedure
What is meant by voluntary consent?
Decision must be made freely with no pressure.
• The patient is often subject to external pressures:
• People trying to get them to make a decision based on what they
want, rather than what the patient wants
• These pressures may be from family, carers, residential home managers, the police or health professionals!
• Don’t assume that someone lacks capacity to give consent just because of their physical appearance or conditions
• It is important to make sure they are presented with any risks or complications in an unbiased and professional manner to make sure the patient knows what they are signing up for
What is meant by capacity?
Before you can accept consent you have to be sure the individual has capacity to understand and therefore give consent.
Under 16s can give consent if its decided they are mature enough to understand the risks (Gillick competency in England). Therefore age alone is not enough to determine capacity.
Decisions should be made through guidance provided by policies such as the Mental Capacity Act (2005) and the Mental Health Act (1983) (amended 2007).
All decisions made should always be documented within the patient notes or other electronic database.
What is Gillick competence?
Gillick competence is a term originating in England which is used in medical law to decide whether a child (under 16 years of age) is able to consent to their own medical treatment, without the need for parental permission or knowledge.
How is a patient informed?
Patient should be given full information about the treatment e.g. involvement, benefits, risks
• Informed consent doesn’t necessarily have to be written down and comes in several forms:
• Written consent – signed by the patient
• Verbal consent – a spoken statement by the patient
• Implied consent – non verbal signals like nodding, rolling up a sleeve, giving a “thumbs up”, climbing onto an examination table
• Written consent is usually only required for more invasive or high risk procedures
• The important point in all cases is that risks and benefits information is given and understood
State the different ways of giving consent
Verbal - Directly ask a patient’s permission
Non-Verbal (implied consent) - Raise your hand to indicate you are happy for your blood to be taken
Written - Through a consent form
What 7 steps do you do after withdrawal of consent?
- Do not continue with the procedure
- Find a quiet environment and discuss the withdrawal
- Assess if the patient has capacity to understand the procedure
- Explain the consequences of withdrawal
- Refer back to consultant or inform the relevant healthcare personnel
- Record/document the withdrawal in the patient’s notes
- Confirm the follow-up procedure for the patient
Why do patients withdraw their consent?
- Worsening side effects
- Poor health
- Death in the family
- Pain, discomfort
- Extenuating personal reasons – depression, anxiety
- Fear of side effects, radiation, contrast media, injections etc
- Unwilling to accept the risks of the procedure
- Remember! Patients do not have to give a reason to withdraw consent!
List circumstances where it is acceptable not to take consent from a patient.
- Patient is a minor (under 16 years) and not Gillick competent
- Patient detained for mental illness
- Public Health Act (1984) - by court order, persons suffering from notifiable disease can be examined / treated without consent (rabies, cholera, anthrax)
- If a patient has a “Lasting Power of Attorney” – where someone is entitled legally to make decisions on their behalf
- Patient does not have the capacity to give consent
- If unconscious/sedated, or after a road traffic accident
- Where treatment is given to an incapable adult, therefore signed by a either a relative or health care professional
Name the 5 legislations
• The Mental Health Act (2007) – health professionals, in some circumstances, have the power to assess and treat people with mental health disorders in the interests of their own safety
• The Mental Capacity Act (2005) – someone with capacity under the act is autonomous
• Public Health (Control of Disease) Act 1984 – can insist on examining people with notifiable diseases
• The Court of Protection – has jurisdiction over the welfare of people who are unable to make autonomous decisions for themselves
• The Advance Decision – used in law to state in advance the medical procedures which a person with deteriorating health would want to refuse later when they lose capacity
What is the Data Protection Act (2018)?
• We are governed by the Data Protection Act (2018)
• The Act controls how personal information is used by organisations, businesses or the government
• Everyone involved has to stick to a set of data protection principles
• For particularly sensitive information such as ethnic background, political opinions, religious beliefs, health, sexual health and criminal records there is stronger protection
• Duty to comply with information requests within 20 days
List the 4 main points of the Data Protection Act (2018)
- Obtaining the information
- Disclosure
- Holding of the information
- Use of the information
The Act aims to strike a balance between the rights of individuals versus those who want to use their personal information legitimately.
List the 8 key principles of the Data Protection Act
- Fairly and lawfully processed
- Processed for limited purposes
- Adequate, relevant, not excessive
- Accurate and up-to-date
- Not kept longer than necessary
- Processed in accordance with individual rights
- Secure and with restricted access to it
- Not transferred to countries outside the European Economic area unless adequate security mechanisms are in place
What is the General Data Protection Regulation (GDPR) 2016?
• Regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA)
• Addresses transfer of personal data outside the EU and EEA areas
• Aims to enhance individuals’ control and rights over their personal data
• Simplifies regulations for international business
