CONSENT Getting it right Types of Consent IMPLIED

CONSENT Getting it right!

Types of Consent Ø IMPLIED Ø INFORMED Ø EXPLICIT

Implied Consent or the ‘Do Nothing’ Model Ø If the Practice does not provide patients with details about how their Person Identifiable Information (PII) will be used and either: This is considered IMPLIED CONSENT l l Record that they understand how their information will be used; or Get them to sign a consent form Ø This is the lowest level of consent and is the most challenged interpretation of consent Ø It only allows use of the named information for healthcare purposes within the NHS

Informed and Explicit Consent Ø Patients must be properly informed about and asked to confirm the uses of their information Ø Provide them with a Practice leaflet that details the uses Ø If you record their understanding this it ‘Informed’ consent and is ‘acceptable’ Ø If they sign a consent form you have ‘explicit consent’ – the ideal form of consent Ø Consent is specific, voluntary and time based – it should be revisited often

Types of Consent - Summary Ø IMPLIED l Ø INFORMED l Ø Only allows the Practice to share named information for healthcare purposes within the NHS Where the patient is told what their information is being used for and there is a record of understanding EXPLICIT l Where the patient agrees directly to use of their information for a specific purpose by signing a consent form

Exceptions Ø Certain laws ‘override’ the need for Consent l l Ø Child Protection Act Legislation relating to Protection of Vulnerable Adults (POVA) Professional duty of care should come first if the patient or client is likely to come to harm – use the proper channels when possible e. g. CSIW

How and when to share information without consent Ø If a patient is not mentally capable of giving consent, the clinician responsible for their care can make decisions for them Ø If a GP feels it is to the benefit of the patient they can share information with other Doctors Ø Non-Practitioner health professionals can share without consent in ‘life or death’ situations

Sharing PII Ø When should you inform patients that their information is being shared with others? Ø BEFORE YOU DO IT!