Consent - GPHC Flashcards
what is consent?
to express willingness, give
permission, agree’.
types of consent
explicit (or ‘express’) consent: when a
person gives a pharmacy professional
specific permission, either spoken or
written, to do something
- implied consent: when a person gives
their consent indirectly,
laws relating to consent
Consent may be used as a condition for
processing a person’s information under
data protection legislation, including: UK domestic data protection legislation, the General Data Protection Regulation
((EU) 2016/679) (GDPR)
and the Human Rights Act 1998 (HRA) .
Consent would be
required to allow a person’s information to
be shared with third parties if there was no
other legal basis for doing so. When
consent is used as a condition for
processing, a person needs to have taken
positive action and shown that they agreed
to their personal data being processed.
for consent to valid the person must
have the capacity to give consent (see
section 4 for an explanation of ‘capacity’)
- be acting voluntarily – they must not be under any undue pressure from a
pharmacy professional or anyone else to make a decision - have sufficient, balanced information to allow them to make an informed
decision. This includes making sure the
person receiving care knows about any
material risks involved in the
recommended treatment, and about
any reasonable alternative treatments.
Material risks are those a reasonable
person would think are significant in the circumstances, but also those the particular person would find significant.
-be capable of using and weighing up the information provided
- understand the consequences of not
giving consent
what is capacity?
In England and Wales, under the Mental
Capacity Act 2005, a person lacks capacity
if, at the time the decision needs to be
made, they are unable to make or
communicate the decision because of an
impairment or disturbance that affects the
way their mind or brain works.
In Scotland, under the Adults with
Incapacity (Scotland) Act 2000, a person
lacks capacity if they cannot act, make
decisions or communicate them, or
understand or remember their decisions
because of a mental disorder or physical
inability to communicate in any form
In general, to make an informed decision the person should be able to:
- understand the information provided
- remember the information provided
- use and weigh up the information
provided, and - communicate their decision to the
pharmacy professional (by any means)
how can you support people to make descions?
-time the discussion for when the
person’s understanding may be better
- use appropriate types of
communication, simple language or
visual aids - get someone else to help with
communication, such as a family
member, support worker or
interpreter
if unsure about the persons capacity what should be done?
If a pharmacy professional is unsure about a person’s capacity, they must get advice from other healthcare professionals or from people involved in their care.
5.8 If a pharmacy professional is still unsure, they must get legal advice.
5.9 Any advice they get or assessments carried out should be properly recorded, along with the outcome.
what to do when competent adults refuses to give consent?
respect their decision – even when they think that their decision is wrong or may cause the person harm. This does not apply when the law says otherwise, such as when compulsory treatment is authorised by mental health legislation
- explain the consequences of the descion, but make sure that they dont pressure the person to accept their advice
-record - discssion and advice provided
-if serious harm - raise issue to hcp or legal advice
adults without capacity
1 If the person is not able to make decisions for themselves, pharmacy professionals must work with people close to the person receiving care and with other members of
the healthcare team.
8.2 The Mental Capacity Act 2005 and Adults with Incapacity (Scotland) Act 2000 set out the criteria and the processes to be followed
in making decisions and providing care
services when a person lacks the capacity to make some or all decisions for themselves. They also give legal authority to certain people to make decisions on behalf of people receiving care who lack capacity.
8.3 If pharmacy professionals believe that a person lacks capacity to make decisions for themselves, they should consult the Codes of Practice that accompany the Mental Capacity Act 2005 or Adults with Incapacity
(Scotland) Act (2000). These set out who can make decisions on the person’s behalf, in which situations, and how they should go about this
If a person with parental responsibility has to give consent, pharmacy professionals may
need to get legal advice if:
-they are in any doubt about who has
parental responsibility for the person,
or
- those that have parental responsibility
cannot agree whether or not to give
consent
9.5 Young people and children should be involved as much as possible in decisions about their care, even when they are not able to make decisions on their own
young people with capacity - 16/17
Young people are presumed to have the
capacity to make their own decisions and
give consent for a service or treatment,
unless there is enough evidence to
suggest otherwise.
10.2 To decide whether a young person has
the capacity to consent to a service or
treatment, pharmacy professionals
should use the same criteria as for adults
(see section 5 – Assessing capacity).
10.3 Pharmacy professionals should
encourage young people to involve their
parents in making important decisions.
However, pharmacy professionals should
respect a competent young person’s
request for confidentiality.
children with capacity
1 Children are not presumed to have the
capacity to consent. They must
demonstrate their competence.
11.2 A child can give consent if the pharmacy
professional is satisfied that the
treatment is in their best interests, and
that they have the maturity and ability to
fully understand the information given
and what they are consenting to. In this
case pharmacy professionals do not also
need consent from a person with parental
responsibility.
when competent young people and children refuse to give consent
ENGLAND AND WALES:
In some circumstances, the courts can
override the refusal of consent of a young person or child. Pharmacy professionals should get legal advice on this issue if needed.
The law is complex when a competent
young person or child refuses to give - get legal advice
SCOTLAND
When a young person or child has
capacity to make a decision, then their
decision should be respected. This applies even if the decision differs from the pharmacy professional’s view, or from the views of those with parental
responsibility.0 not fully tested- so get legal advice
Young people without capacity
ENGLAND and wales :
young person without capacity can give
consent on behalf of that young person to investigations and treatment that are in the young person’s best interests.
SCOTLAND
The rights of a person with parental
responsibility to make decisions on behalf of a child end when the child reaches the age of 16.
13.3 Young people who do not have the
capacity to consent should be treated as though they are adults and in line with the Adults with Incapacity (Scotland) Act 2000.
