Health Care Consent in Residential Care - Revision history

Charmaine Spencer: /* References */

2016-01-13T00:31:53Z

References

Nate Russell at 20:54, 25 July 2014

2014-07-25T20:54:12Z

Show changes

Nate Russell at 18:17, 24 July 2014

2014-07-24T18:17:45Z

← Older revision		Revision as of 18:17, 24 July 2014
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	{{Legal Issues in Residential Care: An Advocate's Manual TOC}}		{{Legal Issues in Residential Care: An Advocate's Manual TOC\|expanded=chapter6}}

	The legal requirements for health care consent are set out in Health Care (Consent) and Care Facility (Admission) Act (HCCCFA). The Act outlines how health care consent is obtained and the few instances in which consent is not required.		The legal requirements for health care consent are set out in Health Care (Consent) and Care Facility (Admission) Act (HCCCFA). The Act outlines how health care consent is obtained and the few instances in which consent is not required.

Admin at 16:00, 18 July 2014

2014-07-18T16:00:51Z

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	~~{{DEMOWARNING}}~~
	{{Legal Issues in Residential Care: An Advocate's Manual TOC}}		{{Legal Issues in Residential Care: An Advocate's Manual TOC}}

Admin: /* How Does a Person Give Consent? */

2014-07-11T18:37:24Z

How Does a Person Give Consent?

← Older revision		Revision as of 18:37, 11 July 2014
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	==How Does a Person Give Consent?==		==How Does a Person Give Consent?==
			[[File:Informed consent.jpg \| right \| frame \| link=\| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
	([[Chapter Six Legal Issues in Residential Care References\|31]])Decisions about health care must be voluntary. No one can pressure or force the person to decide in a particular way, or deliberately give wrong information to influence decision.		([[Chapter Six Legal Issues in Residential Care References\|31]])Decisions about health care must be voluntary. No one can pressure or force the person to decide in a particular way, or deliberately give wrong information to influence decision.

Admin: /* Information Rights */

2014-07-11T18:37:08Z

Information Rights

← Older revision		Revision as of 18:37, 11 July 2014
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	==Information Rights==		==Information Rights==
	~~[[File:Informed consent.jpg \| right \| frame \| link=\| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]~~
	An adult has the right to relevant information given in an appropriate manner to be able to make an informed decision. The information rights necessary for authorized substitute decision maker to exercise informed content about restraints on behalf of an incapable resident’s are similar to a resident’s information rights. The guidelines note:		An adult has the right to relevant information given in an appropriate manner to be able to make an informed decision. The information rights necessary for authorized substitute decision maker to exercise informed content about restraints on behalf of an incapable resident’s are similar to a resident’s information rights. The guidelines note:

Marisa Chandler: /* The Conditions of Health Care Consent */

2014-07-08T19:53:22Z

The Conditions of Health Care Consent

← Older revision		Revision as of 19:53, 8 July 2014
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	Health care providers must respect the right of clients and substitute decision-makers to seek further information or another opinion and to involve others in the decision-making and consent process.		Health care providers must respect the right of clients and substitute decision-makers to seek further information or another opinion and to involve others in the decision-making and consent process.

	:'''Noteworthy: Consent is Specific to Issue and Time: Health care consent law is clear - the consent applies only to the specific health care to which an adult has consented.([[Chapter Six Legal Issues in Residential Care References\|24]]) For that reason, efforts to gain written consent from residents or their substitute for certain types of events in the future, such as health care treatment (blanket consent) are not legally valid.~~'''~~		{\| class="wikitable"
			\|- valign=top
			\| width="100%" \| '''Noteworthy: Consent is Specific to Issue and Time '''

			\|- valign=top
			\| width="100%" \| Health care consent law is clear - the consent applies only to the specific health care to which an adult has consented.([[Chapter Six Legal Issues in Residential Care References\|24]]) For that reason, efforts to gain written consent from residents or their substitute for certain types of events in the future, such as health care treatment (blanket consent) are not legally valid.

			\|}

	==Who Must Seek Consent for Health Care?==		==Who Must Seek Consent for Health Care?==

Marisa Chandler: /* Consent Rights */

2014-07-08T18:32:45Z

Consent Rights

← Older revision		Revision as of 18:32, 8 July 2014
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	{\| class="wikitable"		{\| class="wikitable"
	\|- valign=top		\|- valign=top
	\| width="100%" \|''' Noteworthy : Forms versus Consent '''		\| width="100%" \|''' Noteworthy: Forms versus Consent '''

	\|- valign=top		\|- valign=top

Marisa Chandler: /* Consent Rights */

2014-07-08T18:32:19Z

Consent Rights

← Older revision		Revision as of 18:32, 8 July 2014
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	:(e) be involved to the greatest degree possible in all case planning and decision making. ([[Chapter Six Legal Issues in Residential Care References\|30]])		:(e) be involved to the greatest degree possible in all case planning and decision making. ([[Chapter Six Legal Issues in Residential Care References\|30]])

	''':Noteworthy : Forms versus Consent		{\| class="wikitable"
	::Signing a consent form is not the same as giving consent.'''		\|- valign=top
			\| width="100%" \|''' Noteworthy : Forms versus Consent '''

			\|- valign=top
			\| width="100%" \| Signing a consent form is not the same as giving consent.'''

			\|}

	==The Consent Process==		==The Consent Process==

Marisa Chandler at 18:30, 8 July 2014

2014-07-08T18:30:37Z

← Older revision		Revision as of 18:30, 8 July 2014
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	{\| class="wikitable"		{\| class="wikitable"
	\|- valign=top		\|- valign=top
	\| width="100%" \|''~~Noteworth~~: Demonstrating Consent		\| width="100%" \|'''Noteworthy: Demonstrating Consent '''

	\|- valign=top		\|- valign=top
	\| width="100%" \| A resident’s consent can be shown in a variety of ways. Consent can be inferred by the resident’s actions, given verbally or be evidenced in a written form.~~'''~~		\| width="100%" \| A resident’s consent can be shown in a variety of ways. Consent can be inferred by the resident’s actions, given verbally or be evidenced in a written form.

	\|}		\|}

← Older revision		Revision as of 00:31, 13 January 2016
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	#Health Care Consent Regulation. B.C. Reg. 20/2000, s. 3 (c ) and 3 (i) . See Health Professions Act RSBC 1996, c. 183.		#Health Care Consent Regulation. B.C. Reg. 20/2000, s. 3 (c ) and 3 (i) . See Health Professions Act RSBC 1996, c. 183.
	#B.C. Reg. 20/2000, Health Care Consent Regulation.		#B.C. Reg. 20/2000, Health Care Consent Regulation.
	#Online: http://bchealthregulators.ca/#list-of-colleges (Last accessed: ~~May 1~~, ~~2014~~)		#Online: http://bchealthregulators.ca/#list-of-colleges (Last accessed: January 9, 2016)
	#HCCCFAA, s. 1.		#HCCCFAA, s. 1.
	#Cuthbertson v. Rasouli [2013] S.C.J. No. 53; [2013] A.C.S. no 53; 2013 SCC 53; 310 O.A.C. 19; 449 N.R. 313; 2013 EXP-3330; J.E. 2013-1818; 5 C.C.L.T. (4th) 1; 364 D.L.R. (4th) 195; 2013 Carswell Ont 14113		#Cuthbertson v. Rasouli [2013] S.C.J. No. 53; [2013] A.C.S. no 53; 2013 SCC 53; 310 O.A.C. 19; 449 N.R. 313; 2013 EXP-3330; J.E. 2013-1818; 5 C.C.L.T. (4th) 1; 364 D.L.R. (4th) 195; 2013 Carswell Ont 14113
	#HCCCFAA, s. 4		#HCCCFAA, s. 4
	#Nidus. Your rights and the law. Online: http://nidus.ca/PDFs/Nidus_Info_HCC_Your_Rights_and_the_Law.pdf (Last accessed: ~~May 1~~, ~~2014~~). [“Nidus, Rights”]		#Nidus. Your rights and the law. Online: http://nidus.ca/PDFs/Nidus_Info_HCC_Your_Rights_and_the_Law.pdf (Last accessed: January 9, 2016). [“Nidus, Rights”]
	#Nidus, Rights.		#Nidus, Rights.
	#Bentley v. Maplewood Seniors Care Society, 2014 BCSC 165.		#Bentley v. Maplewood Seniors Care Society, 2014 BCSC 165.
	#Ministry of Health. (2011). A review of the use of antipsychotic drugs in British Columbia’s residential care facilities. Page 8. Online: http://www.health.gov.bc.ca/library/publications/year/2011/use-of-antipsychotic-drugs.pdf (Last accessed: ~~May 1~~, ~~2014~~). [“Antipsychotic drug review”]		#Ministry of Health. (2011). A review of the use of antipsychotic drugs in British Columbia’s residential care facilities. Page 8. Online: http://www.health.gov.bc.ca/library/publications/year/2011/use-of-antipsychotic-drugs.pdf (Last accessed: January 9, 2016). [“Antipsychotic drug review”]
	#Antipsychotic drug review, pg. 8.		#Antipsychotic drug review, pg. 8.
	#Residential Care Regulation, B.C. Reg. 96/2009, s. 1 defines "restraint" as “any chemical, electronic, mechanical, physical or other means of controlling or restricting a person in care's freedom of movement in a community care facility, including accommodating the person in care in a secure unit”. [“RCR”]		#Residential Care Regulation, B.C. Reg. 96/2009, s. 1 defines "restraint" as “any chemical, electronic, mechanical, physical or other means of controlling or restricting a person in care's freedom of movement in a community care facility, including accommodating the person in care in a secure unit”. [“RCR”]
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	#Adult Guardianship Act , s. 1 “"abuse" means the deliberate mistreatment of an adult that causes the adult (a) physical, mental or emotional harm, or (b) damage or loss in respect of the adult's financial affairs, and includes … overmedication, withholding needed medication, …		#Adult Guardianship Act , s. 1 “"abuse" means the deliberate mistreatment of an adult that causes the adult (a) physical, mental or emotional harm, or (b) damage or loss in respect of the adult's financial affairs, and includes … overmedication, withholding needed medication, …
	#BC Ombudsperson. The Best of Care: Getting It Right for Seniors in British Columbia (Part 1), p. 284. [“Ombuds, Best of Care, Part 1”]		#BC Ombudsperson. The Best of Care: Getting It Right for Seniors in British Columbia (Part 1), p. 284. [“Ombuds, Best of Care, Part 1”]
	#Ministry of Health. (2012) Best practice guideline for accommodating and managing behavioural and psychological symptoms of dementia in residential care- a person-centered interdisciplinary approach. Online: http://www.health.gov.bc.ca/library/publications/year/2012/bpsd-guideline.pdf (Last accessed: ~~May 1~~, ~~2014~~). [“Dementia Guideline”]		#Ministry of Health. (2012) Best practice guideline for accommodating and managing behavioural and psychological symptoms of dementia in residential care- a person-centered interdisciplinary approach. Online: http://www.health.gov.bc.ca/library/publications/year/2012/bpsd-guideline.pdf (Last accessed: January 9, 2016). [“Dementia Guideline”]
	#Dementia Guideline, p.12-13		#Dementia Guideline, p.12-13
	#Dementia Guideline, p.13.		#Dementia Guideline, p.13.