Legislation: consent and capacity

Question 1

what is consent and why is it important

Answer 1

-expressing willingness
-under English law, administering treatment to a patient without their consent can be considered negligence or battery (non consensual physical contact)

Question 2

what are the types of consent

Answer 2

-implied consent is when the patient consents indirecly through their actions e.g. bringing in a prescription
-explicit consent is when the patient indicates their consent verbally or in writing

Question 2

what makes consent valid

Answer 2

-having capacity to communicate
-acting voluntarily
-be provided with enough information to make decisions
-having capacity to use the information provided to make decisions

Question 3

information that pharmacists need to provide to the patient

Answer 3

-service/activity that the patient is consenting to
-benefits and risks of the proposed intervention
-what the intervention involves
-what are the possible implications of the interventions
-possible alternative

Question 4

who has Capacity under mental capacity act (2005)

Answer 4

-over 18s, presumed
-16-17, have capacity unless demonstrated otherwise
-under 16s can give consent if they have sufficient understanding but the parental rights overrule

Question 5

who has parental right to give consent to under 16s

Answer 5

parental rights that can consent to them include:

-legal parents
-legal guardians
-local authority designated to care for the child/emergency protection order
-person with a residence order concerning the child

Question 6

whats gillik competence

Answer 6

can include if a child or young person wants:

-therapeutic and confidential support without parents knowing e.g. for substance misuse
-has strong wishes about living arrangements that conflicts with their parent’s views

professionals should assess child’s capacity to consent including:

-child’s age and maturity etc.

Question 7

how to tell if a patient has capacity to make a decision

Answer 7

-retain and understand the information the pharmacist has provided
-must not assume if patient lacks capacity on one occasion that they lack capacity to make all decisions
-patients may temporarily be affected by other factors e.g. drugs, fatigue

Question 8

what to do if an adult refuses consent

Answer 8

-respect decision even if you think it is wrong
-record of refusal must be made with the discussion and advice given