CONSENT CONSENT Getting it right!Getting it right!

Types of ConsentTypes of Consent

IMPLIEDIMPLIED

INFORMEDINFORMED

EXPLICITEXPLICIT

Implied Consent or the ‘Do Nothing’ Implied Consent or the ‘Do Nothing’ ModelModel

If the Practice does not provide patients with details If the Practice does not provide patients with details about how their Person Identifiable Information (PII) about how their Person Identifiable Information (PII) will be used and either:will be used and either:

This is considered IMPLIED CONSENTThis is considered IMPLIED CONSENT Record that they understand how their information will Record that they understand how their information will

be used; orbe used; or Get them to sign a consent formGet them to sign a consent form

This is the lowest level of consent and is the most This is the lowest level of consent and is the most challenged interpretation of consentchallenged interpretation of consent It only allows use of the named information for It only allows use of the named information for healthcare purposes healthcare purposes within the NHSwithin the NHS

Informed and Explicit ConsentInformed and Explicit Consent Patients must be properly informed about and Patients must be properly informed about and

asked to confirm the uses of their informationasked to confirm the uses of their information

Provide them with a Practice leaflet that details Provide them with a Practice leaflet that details the usesthe uses

If you record their understanding this it If you record their understanding this it ‘Informed’ consent and is ‘acceptable’‘Informed’ consent and is ‘acceptable’

If they sign a consent form you have ‘explicit If they sign a consent form you have ‘explicit consent’ – the ideal form of consentconsent’ – the ideal form of consent

Consent is specific, voluntary and time based – Consent is specific, voluntary and time based – it should be revisited oftenit should be revisited often

Types of Consent - SummaryTypes of Consent - Summary IMPLIEDIMPLIED

Only allows the Practice to share named information Only allows the Practice to share named information for healthcare purposes within the NHSfor healthcare purposes within the NHS

INFORMEDINFORMED Where the patient is told what their information is being Where the patient is told what their information is being

used for and there is a record of understandingused for and there is a record of understanding

EXPLICITEXPLICIT Where the patient agrees directly to use of their Where the patient agrees directly to use of their

information for a specific purpose by signing a consent information for a specific purpose by signing a consent formform

Exceptions Exceptions Certain laws ‘override’ the need for ConsentCertain laws ‘override’ the need for Consent

Child Protection ActChild Protection Act

Legislation relating to Protection of Vulnerable Legislation relating to Protection of Vulnerable Adults (POVA)Adults (POVA)

Professional duty of care should come first if Professional duty of care should come first if the patient or client is likely to come to harm – the patient or client is likely to come to harm – use the proper channels when possible e.g. use the proper channels when possible e.g. CSIWCSIW

How and when to share information How and when to share information without consentwithout consent

If a patient is not mentally capable of giving If a patient is not mentally capable of giving consent, the clinician responsible for their care consent, the clinician responsible for their care can make decisions for themcan make decisions for them

If a GP feels it is to the benefit of the patient If a GP feels it is to the benefit of the patient they can share information with other Doctorsthey can share information with other Doctors

Non-Practitioner health professionals can share Non-Practitioner health professionals can share without consent in ‘life or death’ situationswithout consent in ‘life or death’ situations

Sharing PIISharing PII

When should you inform patients that their When should you inform patients that their information is being shared with others?information is being shared with others?

BEFORE YOU DO IT!BEFORE YOU DO IT!