Health Care Consent
Health Care Consent
INFORMATION TO GET STARTED
In British Columbia, consent for health care is governed by the Health Care Consent and Care Facility Admission Act. See link at end of this page.
The Act outlines:
- patient’s rights;
- the required elements for informed consent;
- when consent for health care is required and when it is not;
- the process for health care consent if a patient is determined incapable of giving or refusing consent;
- requirements for making an advance directive and when it can be used;
- requirements about consent for admission to a care facility.
Nidus Community Alert on consent to Covid-19 vaccination in the community living sector.
Click links below to read details:
The following fact sheets apply to adults – in BC this means 19 years of age or older. We recommend you save the fact sheets to your device and open then using the free universal program Adobe Reader (click to install it).
Your Rights & the Law – fact sheet about right to informed consent, right to be presumed capable, right to refuse consent
How Health Care Decisions are Made in BC if You are Incapable of Informed Consent – what are the legal authorities recognized in BC if an Adult is incapable?
Role and Scope of Authority of a TSDM – in BC, a health care provider may have to select someone to be a Temporary Substitute Decision Maker if no other authority is in place. What are the limits and restrictions on a TSDM?
Duty for Notice if a TSDM is selected for a Major Health Care Decision – a health care provider is required to provide specific information to specific people when the health care provider selects a TSDM for a major health care decision.
Giving Consent to A Plan for Minor Health Care – a way to give consent if an adult is incapable of informed consent for minor health care matters. The Plan can be drawn up for 12 months or less and can streamline the requirement to get consent, for example when an adult is living in a long term care facility.
Advance Directive – information about the law in BC. The law requires that an Advance Directive must be made when you are capable of informed consent about the health care you are addressing in the Advance Directive.
Representation Agreement for Health Care – a Representation Agreement is a way to choose who you want involved in decisions about your health care. A representative helps you make your own decisions and can make decisions on your behalf, according to your wishes, instructions, values and beliefs. A Representation Agreement can also cover personal care matters.
Adult Guardianship/Committeeship in BC – if there is a court-appointed committee of person, they have legal authority to make health care decisions on an adult’s behalf. As part of the court procedure, a judge will declare an adult mentally incompetent of health and personal care matters. In BC, adult guardianship/Committeeship is the LAST RESORT.
Refusing Health Care: What are my Rights?
RELATED TOPICS
Review of Physician’s ToolKit for Caregivers — gap between BC legislation on health care consent and physician practice.
Definition of Spouse – this is important if health care providers are using the default scheme for health care decisions when there is no Representation Agreement (see fact sheet on TSDM – above). Spouse is first on the default list but they don’t have as much authority as if named as a representative. Are health authorities using the right definition of spouse for the TSDM?
OTHER RESOURCES
Fact sheet on Medical Assistance in Dying
Fact sheet on Consent for Admission to Care Facility in BC
LINKS TO LEGISLATION
