Quick Reference
Informed consent is the process of ensuring a patient understands and voluntarily agrees to a proposed treatment or procedure.
Key Elements:
- Disclosure: Explain the treatment, risks, benefits, and alternatives.
- Understanding: Patient understands the information provided.
- Capacity: Patient can make the specific healthcare decision.
- Voluntary: Decision is made without coercion.
- Authorization: Patient or legally authorized representative agrees.
Patient Rights:
- Ask questions and receive understandable explanations.
- Accept or refuse care and treatment.
- Withdraw consent, subject to applicable legal limitations.
- Participate in decisions about their care.
CNA Responsibilities:
- Explain routine care before performing it.
- Ask permission and respect resident choices.
- Stop or pause when a resident refuses or withdraws cooperation.
- Report refusals or questions about treatment to the nurse.
- Do not independently obtain informed consent for medical procedures outside CNA responsibilities.
Important Considerations
- A signed form alone does not establish meaningful informed consent.
- Consent must be voluntary and informed.
- Decision-making capacity is specific to the decision and may fluctuate.
- An authorized representative may make decisions when legally appropriate.
- Consent to one procedure does not imply consent to others.
- Emergencies and certain legal circumstances may create exceptions.
Related
Sources
- CDPH — Nursing Home Residents’ Rights
- California Title 22, §72528 — Informed Consent
- 42 CFR §483.10 — Resident Rights
Flashcards
What does informed consent require?03-application / reference-guidelines
Answer
An informed, voluntary decision by an authorized person.