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STANDARD 6.

Consent

Respiratory Therapists (RTs) must, prior to initiation of patient/client care, confirm that voluntary informed consent has been obtained from patients/clients in accordance with all relevant legislative and regulatory requirements relating to consent, capacity, and substitute decision-makers.

Performance Requirements

RTs:
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Must ensure there is a mechanism for obtaining voluntary informed consent for care, treatment, and participation in research.
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If necessary, determine if patients/clients are capable of providing informed consent; and if deemed to be incapable, obtains consent from a designated substitute decision-maker.

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Communicate with patients/clients to explain the proposed treatment(s) and facilitate their understanding of the benefits, risks, possible treatment alternatives, and consequences of not participating in the proposed care.
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Respect the patients’/clients’ autonomy to question, refuse treatment, or withdraw from care at any time.

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Obtain patients’/clients’ consent to proposed and ongoing care or withdrawal of care, and as required, document accordingly.

Patient / Client Expected Outcome

Patients/clients can expect that RTs confirm informed consent has been obtained to the proposed care and that patients/clients have the right to question, refuse, or withdraw from care at any time.

RELATED RESOURCES
GLOSSARY

Capable refers to “mentally capable; a person is capable if they are able to understand the information that is relevant to making a decision about the treatment and are able to appreciate the reasonable foreseeable consequences of a decision or lack of decision.”[1]

Communicates refers to “give or exchange thoughts, feelings, information… by writing, speaking, etc.; to exchange thoughts, feelings, or information easily or effectively.”[2] It implies a two-way communication process between the speaker and recipient involving active listening and reception.

Incapable/incapacity refers toa person who is diagnosed as being mentally ill, senile, or suffering from some other disability that prevents them from managing his own affairs…a guardian is appointed to handle the person’s property and personal affairs.”[3]

Informed consent means that the information relating to the treatment must be received and understood by the patient/client.[4]

Patients/clients refer to individuals and their families requiring care or services. This may also include his/her substitute decision-maker or guardian.[5]

Substitute decision-makers refer to “individuals who may give or withhold consent on behalf of an incapacitated patient/client (e.g., guardian, attorney for personal care, spouse, partner).”[6]

 

FOOTNOTES

  1. College of Respiratory Therapists of Ontario. (2014). Responsibilities under Consent Legislation. Professional Practice Guideline. Available at: http://www.crto.on.ca/pdf/PPG/UnderConsent.pdf
  2. Adapted from Dictionary.Com. (2017). Online Dictionary. Available at: http://www.dictionary.com/browse/communicated
  3. The Free Dictionary. (2017). Online Dictionary. Available at: http://legal-dictionary.thefreedictionary.com/Mental+Incompetency
  4. Adapted from College of Respiratory Therapists of Ontario. (2014). Responsibilities under Consent Legislation. Professional Practice Guideline. Available at: http://www.crto.on.ca/pdf/PPG/UnderConsent.pdf
  5. Adapted from College of Respiratory Therapists of Ontario. (2010). A Commitment to Ethical Practice. Available at: http://www.crto.on.ca/pdf/Ethics.pdf
  6. College of Respiratory Therapists of Ontario. (2014). Conflict of Interest. Clinical Practice Guideline. Available at: http://www.crto.on.ca/pdf/PPG/conflict_of_interest.pdf