Report Title:
Informed Consent Law
Description:
Establishes a new patient-oriented standard of disclosure; removes inconsistencies between Hawaii Supreme Court case law, the Hawaii Revised Statutes, and the Board of Medical Examiners' Rules.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
589 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to informed consent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 432E-4, Hawaii Revised Statutes, is amended by amending subsection (b) as follows:
"(b) In order to inform enrollees fully, the provider shall:
(1) Discuss [all] treatment options with an enrollee [and include] as provided in section 671-3, including the option of no treatment at all;
(2) Ensure that persons with disabilities have an effective means of communication with the provider and other members of the managed care plan; and
(3) Discuss [all] the risks, benefits, and consequences to treatment and nontreatment[.] as provided in section 671-3."
SECTION 2. Section 671-3, Hawaii Revised Statutes, is amended to read as follows:
"§671-3 Informed consent[; board of medical examiners standards]. (a) The board of medical examiners[, insofar as practicable, shall] may establish standards for health care providers to follow in giving information to a patient, or to a patient's guardian or legal surrogate if the patient is not competent to give an informed consent, to ensure that the patient's consent to treatment is an informed consent. The standards may include the substantive content of the information to be given, the manner in which the information is to be given by the health care provider and the manner in which consent is to be given by the patient or the patient's guardian.
(b) [If the standards established by the board of medical examiners include provisions which are designed to reasonably inform a patient, or a patient's guardian, of:] Where standards of medical practice indicate that a health care provider should provide the patient or the patient's guardian or legal surrogate with information prior to obtaining consent for a proposed medical or surgical treatment, or a diagnostic or therapeutic procedure, information satisfying the following categories shall be supplied to the patient or the patient's guardian or legal surrogate:
(1) The condition [being treated;] that is the basis for the treatment or procedure;
(2) [The nature and character] A description of the proposed treatment or [surgical] procedure;
(3) The intended and anticipated results;
(4) The recognized [possible] alternative [forms of treatment; and] treatments or procedures, including the option of not undergoing the proposed treatment or procedure;
(5) The recognized [serious possible] substantial risks[,] of serious complications[, and anticipated benefits involved in the treatment or surgical procedure, and in the recognized possible alternative forms of treatment, including nontreatment,
then the standards shall be admissible as evidence of the standard of care required of the health care providers.] or
mortality associated with:
(A) The proposed treatment or procedure;
(B) The recognized alternative treatments or procedures; and
(C) Not undergoing the treatment or procedure;
and
(6) The recognized benefits of:
(A) The proposed treatment or procedure;
(B) The recognized alternative treatments or procedures; and
(C) Not undergoing the treatment or procedure.
(c) On or before January 1, 1984, the board of medical examiners shall establish standards for health care providers to follow in giving information to a patient or a patient's guardian, to ensure that the patient's consent to the performance of a mastectomy is an informed consent. The standards shall include the substantive content of the information to be given, the manner in which the information is to be given by the health care provider and the manner in which consent is to be given by the patient or the patient's guardian or legal surrogate. The substantive content of the information to be given shall include information on the recognized alternative forms of treatment.
(d) Nothing in this section shall require informed consent from a patient or a patient's guardian or legal surrogate when emergency medical or surgical treatment or an emergency [surgical] diagnostic or therapeutic procedure is rendered by a health care provider and the obtaining of consent is not reasonably feasible under the circumstances without adversely affecting the condition of the patient's health. Disclosure of the information required by subsection (b) may be withheld if in the judgment of the health care provider disclosure would be detrimental to the patients' mental or physical health, or not in the best interest of the patient; provided that such action is consistent with general standards of medical and surgical practice.
(e) A patient or patient's guardian or legal surrogate may elect not to be given any part or all of the information that would otherwise be provided in accordance with subsection (b)."
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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