STANDARD 6.
Consent
Respiratory Therapists (RTs) must, prior to initiation and throughout the provision 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
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.
Respect the patients’/clients’ autonomy to question, refuse treatment, or withdraw from care at any time.
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 that 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
- College of Respiratory Therapists of Ontario. (2021). A Commitment to Ethical Practice. Available at: https://ethics.crto.on.ca.
- College of Respiratory Therapists of Ontario. (2022). Responsibilities under Consent Legislation. Professional Practice Guideline. Available at: https://responsibilities.crto.on.ca.
- Ontario Government. (1992). Substitute Decisions Act. Available at: https://www.ontario.ca/laws/statute/92s30.
- Ontario Government. (1996). Health Care Consent Act. Available at: https://www.ontario.ca/laws/statute/96h02.
- National Alliance of Respiratory Therapy Regulatory Bodies. (2016). National Competency Framework for the Profession of Respiratory Therapy. Part 1. National Standards for Entry-to-Practice. Available at: https://nartrb.ca/download/ncf-part-i-entry-to-practice-2016.
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 reasonably foreseeable consequences of a decision or lack of decision.”[1]
Communicates refers to “the process of exchanging information, ideas, thoughts, feelings, or messages between individuals or groups using verbal, non-verbal, written, or visual methods.”[2]
Incapable/incapacity refers to “A person is incapable with respect to a treatment if the person is not able to understand the information that is relevant to making a decision about the treatment or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.”[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 their 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
- 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
- Adapted from Dictionary.Com. (2017). Online Dictionary. Available at: http://www.dictionary.com/browse/communicated
- The Free Dictionary. (2017). Online Dictionary. Available at: http://legal-dictionary.thefreedictionary.com/Mental+Incompetency
- 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
- Adapted from College of Respiratory Therapists of Ontario. (2010). A Commitment to Ethical Practice. Available at: http://www.crto.on.ca/pdf/Ethics.pdf
- 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