Lecture 8: Informed Consent

Question 0

What are the four different types of rights?

Answer 0

Rights
Liberties - absence of legal authority
Powers - personal right of others
Immunities

Question 1

What is a right?

Answer 1

Any advantage or benefit conferred upon a person by a rule of law.

Question 2

What is the purpose of the HDC code of health and disability services consumers rights regulation 1996?

Answer 2

Promote and protect rights of health consumers and disability services consumers

Question 3

What is the HDC code of health and disability services consumer rights regulation 1996?

Answer 3

Code which confers 10 rights on consumers of health and disability services in NZ

Health providers have a duty to give effect to those rights.

Question 4

What is right 7 of the ten rights of consumers and duties of providers?

Answer 4

The right to make an informed choice and give informed consent

Question 5

What does right 7: informed choice and consent mean?

Answer 5

Services may be provided to a consumer only if that consumer makes an informed choice and gives informed consent.

This is a permission to proceed with a particular course of action and the principle reflects the right of patients to determine what happens to their own bodies.

I.e. Implementing a shared decision making process

It is consent which is freely given by the health consumer or where applicable, by a person who is entitled to consent on that health consumer’s behalf and is obtained in accordance with such requirements as prescribed by the code

Question 6

What is a choice?

Answer 6

A decision.

To receive services, to refuse services, to withdraw consent to services

Question 7

What is right 5: the right to effective communication?

Answer 7

Every consumer has the right to effective communication in a form, language and manner that enables the consumer to understand the info provided.

(Where necessary, this includes the right to a competent interpreter)

Every consumer has the right to an environment that enables consumer and provider to communicate openly, honestly and effectively

Question 8

What is right 6: the right to be fully informed?

Answer 8

Every consumer has the right to the information that a reasonable consumer, in that consumer’s circumstances would expect to receive.

This includes any allergy, side effects and benefits to medication

Question 9

What information should be given?

Answer 9

Explanation of condition, options available,
An assessment of expected risks, side effects, benefits and costs of each option
Advice of estimated time within which services will be provided,
Notification of any proposed participation in teaching/research and any other info required by legal, professional ethical purposes

The results of tests and Procedures.

Honest and accurate answers to questions relating to services

The right to receive, on request, a written summary of the info provided

Question 10

What guidelines are set aside by the code of ethics that would determine the information that should be given to patients?

Answer 10

2.2 take appropriate steps to communicate effectively with patients and public. Tailor communication to meet their needs

2.4 explain options available to patients and public,
include risks and benefits to help them make informed decisions
Make sure the info given is impartial, relevant, up to date, and independent of personal commercial considerations

Question 11

What information should be given about medicines and therapies prescribed by other providers? (Not yourself)

Answer 11

Understandable info about its safe and effective use
Expected outcomes of therapy within limitations of available info
Any significant risk of side effects, and actions should they occur
Storage and disposal requirements of medication

Question 12

What is independent information? Why must the information pharmacists give be independent?

Answer 12

Pharmacist must ensure their advice is independent of personal commercial considerations
Ensure duty of care to a patient is not compromised by commercial interest, or interest of any kind, including any loyalty to or interests of an employer or other healthcare provider

Question 13

What kind of business associations are pharmacists allowed to enter into?

Answer 13

2.6: only enter into, engage in any arrangement, agreement etc, which does not limit or significantly influence a patients free choice of who they use to provide health services

Question 14

What is the health information privacy code?

Answer 14

Code which has been developed with the characteristics of the health sector and health info in mind.

E.g.

Confidentiality of collection
Sensitivity of information
Ongoing use by various providers

Question 15

What is confidentiality of collection?

Answer 15

Most health info is collected in a situation of confidence and trust, often in the context of a health professional/patient relationsjip

Question 16

What is sensitivity of information?

Answer 16

Much health info is highly sensitive and may include details about an individual’s body, lifestyle, emotions, behaviour and practices which are particularly intimate or which may, if improperly disclosed, be misused,

Question 17

What is ongoing use by various providers?

Answer 17

Health info may be required by the health agency and other providers treating the individual, long after it has ceased to be needed for the original episode of care and treatment.

Generally, can only access patient info if they are under your care

Question 18

What 12 rules does the health information privacy code cover?

Answer 18

Purpose of collection of health info
Source of health info
Collection of health info from individual
Manner of collection of health info
Storage and security of health info
Access to personal health info
Correction of health info
Accuracy etc, of health info to be checked before use
Retention of health info
Limits on use of health info
Limits on disclosure of health info
Unique identifiers