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Difference between revisions of "Health Care Consent in Residential Care"
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Health Care Consent in Residential Care (view source)
Revision as of 18:37, 26 June 2014
, 18:37, 26 June 2014no edit summary
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==Information Rights== | ==Information Rights== | ||
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: | |||
:“[t]he capable resident/family, or the incapable resident’s authorized substitute decision maker, should be informed of the benefits and risks of the recommended treatment, the clinical implications of refusing treatment, and be given the opportunity to ask questions of the health care provider (and have them answered) before providing a decision. Any potential adverse effects from the use of antipsychotics, such as the increased risk of stroke or death, should also be discussed when antipsychotic medications are considered medically appropriate.” | |||
However, even these guidelines seem to be based on the assumption that the main goal is to “get the consent”, as opposed to informing the decisionmaker and exploring alternatives. | |||
The best practice guidelines are accompanied by a “decisionmaking algorithm to support person-centred care for persons with behavioural and psychological symptoms of dementia”. Basically this is a process to help guide the practitioner to make decisions. | |||
Consent is recognized as a component of that resident/ patient decision-making, but again it is specifically described in the context of medications. It is important to recognize that health care consent is required for any health care intervention. | |||
==Exploiting Consent Loopholes?== | |||
When the person falls under the Mental Health Act is one of the few exceptions for when consent is required. This provision is one of the ways in which health care consent requirements are sometimes circumvented in care facilities. In a 2011 review of antipsychotic drugs use in British Columbia’s residential care facilities, health care providers confirmed if the authorized decision-maker refuses medication or other appropriate treatment that the health care provider has proposed to manage behaviour and feels is appropriate. | |||
:“… then the practice is to send the resident to a hospital that is designated under the Mental Health Act. In these designated settings, the patient may be certified under the Mental Health Act, and involuntary treatment, including medication, may be provided without the consent of the patient or their authorized decision maker.” | |||
{{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | {{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | ||
{{Legal Issues in Residential Care: An Advocate's Manual Navbox}} | {{Legal Issues in Residential Care: An Advocate's Manual Navbox}} | ||