IMPLIED CONSENT and INFORMED CONSENT It’s the law What is Implied Consent  During the first visit or first visit of a new complaint or condition the doctor must gather inf by kko50768

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									IMPLIED CONSENT and
INFORMED CONSENT


It’s the law!!
What is Implied Consent?

   During the first visit (or first visit of
    a new complaint or condition), the
    doctor must gather information
    about that patient
   The doctor must take a case history
    and must perform necessary
    examinations
   By the patient’s presence in the
    office, consent for the
    EXAMINATIONS is IMPLIED
IMPLIED CONSENT

   Therefore, by the patient’s presence
    in your office, you do not need to
    obtain written permission to
    perform necessary examinations
   Verbal consent to perform exam is
    all that is needed for most
    situations (in DC offices)
IMPLIED CONSENT
   He or she is automatically giving you
    permission for    information-
    gathering only

   The patient has NOT given the doctor
    permission to perform any
    interventions/treatments/therapies (i.e.
    an adjustment)

   Obviously, exceptions apply when the
    situation is critical (ER, EMT)
Questions about IMPLIED CONSENT?
INFORMED CONSENT



   It is both a process and paperwork

   Informed consent begins after the
    doctor has gathered all necessary
    information and has determined the
    necessary intervention
INFORMED CONSENT


   The doctor must give the
    information he or she knows that
    may play a role in the patient’s
    decision about his or her health or
    health care choices
INFORMED CONSENT
   There are 5 important elements of
    the informed consent process:


   1. Diagnosis/Clinical Impression
     Patient wants to know:
     “What is wrong with me?”
     This must be given in understandable
      terms
INFORMED CONSENT

   2. Treatment/Intervention
       The patient wants to know:
            “Can you help me?”


   This is NOT the time to explain the
    exact technique of adjusting or
    biomechanics of adjusting. One
    explains how chiropractic can help
    with the particular diagnosis from
    element #1
INFORMED CONSENT
   3. Risks or complications associated
    with the treatment or with the
    diagnosis

   In some states, you are required to
    explain in writing

   For example, you must give lifting
    restrictions to a patient with an
    acute disc herniation
INFORMED CONSENT

   4. Alternative treatments,
    concurrent treatments, or additional
    diagnostic procedures

   This is the time to tell the patient if
    more treatments or tests are
    needed (either within or outside of
    your office)
INFORMED CONSENT

   5. Successes and Failures
       The patient wants to know:
            “What is my prognosis?”


   This information is based upon
    personal experiences of the doctor,
    literature, research, classroom
    knowledge
INFORMED CONSENT
   So, by informing the patient of the 5
    elements, you have completed the process
    of INFORMED CONSENT

   By having the patient sign the form, you
    have completed the paperwork part of
    INFORMED CONSENT

   Remember, though, that if the patient’s
    condition or complaints change, or you
    must change your clinical impression, you
    must repeat INFORMED CONSENT
IS THIS FOR PALMER ONLY?

   You must utilize an informed
    consent process for every patient in
    your office

   What if you do not inform a patient
    prior to an adjustment (or any form
    of treatment)?
What about minors?

   In Iowa and Illinois, care of any
    patient under the age of 18 requires
    the consent of a parent or a legal
    guardian

   The parent or legal guardian is
    required to be present on the first
    visit
TWO RULES

   Additionally, there are two rules
    associated with informed consent
    that you should be aware of:

   The Doctor’s Rule

   The Patient’s Rule
The Doctor’s Rule

   In ALL states, the Doctor’s Rule
    applies:

       The doctor determines what
        information is important to deliver to
        the patient.

       Example: Kidney stone
The Patient’s Rule
   In SOME states, the Patient’s Rule
    applies:

       The doctor must give any and all information
        to the patient in order for him or her to make
        an informed decision about his or her health
        care options

       Example: Kidney stone

       It is not a rule that the patient must tell the
        doctor everything about the complaint

								
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