CPSO has approved a new Consent to Treatment policy that sets out expectations of physicians in obtaining and documenting consent to treatment.
The new policy includes new definitions to help clarify the difference between “express”, “implied”, “informed”, and “valid” consent. Other updates include strengthening the requirement to address language and communication issues in consent discussions and requiring express consent for intimate examinations.
The accompanying Advice to the Profession document provides guidance in meeting the policy expectations and the requirements of the Health Care Consent Act (HCCA). The new Advice document includes additional content about:
- navigating cultural issues and the involvement of family members in consent discussions (including using family members as interpreters)
- consent to withdraw life-sustaining treatment
- the use of technology (e.g. Google Translate) in interpretation
- minors and capacity to consent to treatment
- requests to delegate consent
- what to do if a physician cannot contact a patient’s Substitute Decision-Maker or if there are conflicts between Substitute Decision-Makers
- the Consent and Capacity Board.
Finally, the legal requirements under the HCCA were moved from the policy to the accompanying Guide to the Health Care Consent Act, resulting in a shorter and clearer policy.
