NCJ Number
68817
Date Published
1979
Length
58 pages
Annotation
ONE IN A COLLECTION OF 'HOW-TO' MANUALS, THIS DOCUMENT IS INTENDED TO HELP CORRECTIONAL ADMINISTRATORS UNDERSTAND THEIR RESPONSIBILITIES TO PATIENT-INMATE INFORMED CONSENT LAWS AND REQUIREMENTS.
Abstract
DEVELOPED FOR THE CORRECTIONAL HEALTH CARE PROGRAM BY THE MICHIGAN DEPARTMENT OF CORRECTIONS (UNDER A GRANT FROM THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION), THE SELF-EXPLANATORY MANUAL EXPLAINS A PATIENT'S RIGHT TO CONSENT TO OR REFUSE MEDICAL TREATMENT AND DISCUSSES INFORMED CONSENT ISSUES RELATING SPECIFICALLY TO CORRECTIONAL INSTITUTIONS. DISCUSSION IN THE DOCUMENT IS DEVOTED TO A GENERAL REVIEW OF THE NEED FOR OBTAINING INFORMED CONSENT IN THE DELIVERY OF ROUTINE HEALTH CARE SERVICES IN THE CORRECTIONAL SETTING. 'EXPERIMENTAL' MEDICAL CARE IS NOT INCLUDED IN THE MANUAL'S REVIEW. THROUGH A SERIES OF QUESTIONS AND ANSWERS, THE MANUAL DEFINES INFORMED CONSENT; DISCUSSES ITS LEGAL BASIS AND WHY IT IS IMPORTANT; REVIEWS WRITTEN CONSENT FORMS AND WHAT TO DO IN MEDICAL EMERGENCIES; DESCRIBES WHEN A PERSON CAN LEGALLY REFUSE MEDICAL TREATMENT; AND REVIEWS THE LEGAL STATUS OF MINORS. IT IS SUGGESTED THAT CORRECTIONAL HEALTH CARE ADMINISTRATORS DEVELOP POLICIES AND PROCEDURES CONCERNING INFORMED CONSENT AND REFUSAL OF TREATMENT THAT WOULD PROVIDE HEALTH CARE PERSONNEL AND CORRECTIONS OFFICIALS WITH THE NECESSARY LEGAL SAFEGUARDS. THE AMERICAN MEDICAL ASSOCIATION'S STANDARDS FOR HEALTH SERVICES IN PRISON -- STANDARD 168 ON INFORMED CONSENT, MEDICAL MALPRACTICE CITATIONS ON INFORMED CONSENT, SAMPLE CONSENT FORMS, AND ANALYSIS OF STATE LAWS RELATING TO INFORMED CONSENT FOR MINORS ARE APPENDED. REFERENCES ARE PROVIDED.