Report Title:

Informed Consent

Description:

Clarifies and codifies the requirements for disclosure of information to patients in order to obtain informed consent.

THE SENATE

S.B. NO.

1350

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

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) to read 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] of treatment and nontreatment[.] as provided in section 671-3."

SECTION 2. Section 671-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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:] When standards of medical practice indicate that a health care provider should provide the patient, the patient's guardian, or the patient's agent or surrogate under chapter 327E with information prior to obtaining consent for proposed medical or surgical treatment, or for a diagnostic or therapeutic procedure, the following types of information shall be provided:

(1) The condition [being] to be treated[;] or the suspected existence of which indicates a diagnostic or therapeutic procedure;

(2) [The nature and character] A description of the proposed medical or surgical treatment or [surgical] diagnostic or therapeutic procedure;

(3) The intended and anticipated results;

(4) The recognized [possible] alternative [forms of treatment;] medical or surgical treatments or diagnostic or therapeutic procedures, including the option of not providing the treatment or performing the procedure; [and]

(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 the proposed medical or surgical treatment or diagnostic or therapeutic procedure, with the recognized alternative medical or surgical treatments or diagnostic procedures, and with not undertaking medical or surgical treatment or diagnostic or therapeutic procedure; and

(6) The recognized benefits of the proposed medical or surgical treatment or diagnostic procedure, of recognized alternative medical or surgical treatments or diagnostic or therapeutic procedures, and of not undertaking medical or surgical treatment or a diagnostic or therapeutic procedure."

SECTION 3. Section 671-3, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

"(d) Nothing in this section shall require informed consent from a patient [or], a patient's guardian, or a patient's agent or surrogate when emergency medical or surgical treatment or 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. Furthermore, the disclosure of the information required by subsection (b) may be withheld if in the judgment of the health care provider the information would be detrimental to the patient's 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, patient's guardian, or the patient's agent or surrogate may elect not to be given any part or all of the information that would otherwise be provided under subsection (b)."

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:

_____________________________

By Request