Medical Consent Convention
The World Assembly,
Recognising that patients and their families and medical practitioners are often at odds over whether said medical practitioner has the explicit right to administer treatment on said patient,
Noting that some circumstances may lead to patients rejecting treatment that is life-saving or similarly vital,
Hereby defines:
Voluntary: The decision must be made by the consenter(s) and the consenter(s) only, without influence from another person who is not legally permitted to give consent on behalf of the patient.
Informed: The consenter(s) must be made aware of all relevant information on the treatment the patient is being offered, including the benefits and risks that come with the treatment.
Capable: The consenter(s) must be at a suitable age to consent, as well as not being under the influence of a substance that would hinder their ability to give valid consent, or suffering from a disease that would hinder their ability to make a valid decision.
Hereby enacts the following:
1. When a patient is deemed fit to give valid consent, a medical practitioner must ask the permission of the patient prior to administering any treatment.
2. If a patient is under the age of 16, their legal guardian(s) will deliver consent for treatment.
a. In the circumstance where a young person is admitted to hospital without a legal guardian, a medical practitioner may administer treatment without consent, on potential consultation from a social worker, depending on the circumstance.
3. If a patient has appointed a legal power of attorney (POA), that POA has the right to declare consent for treatment on behalf of the patient.
a. If that patient is in a capable mental state to consent, they may override the decision of the POA.
b. If a patient is suffering from a mental health problem that limits their ability to make a valid decision, then the POA may override the decision of the patient.
4. If a patient is suffering from a psychological problem, and they have not appointed a power of attorney, then a medical practitioner may administer treatment without any consent.
The World Assembly,
Recognising that patients and their families and medical practitioners are often at odds over whether said medical practitioner has the explicit right to administer treatment on said patient,
Noting that some circumstances may lead to patients rejecting treatment that is life-saving or similarly vital,
Hereby defines:
- A ‘medical practitioner’ as a licensed employee of a licensed hospital, clinic or other medical facility who practices medicine.
- ‘Valid consent’ to be the explicit declaration by a patient or a person(s) who has been legally given the ability to give consent on behalf of the patient, as to whether or not they accept the treatment being offered by a medical practitioner. This declaration must follow the following rules:
Voluntary: The decision must be made by the consenter(s) and the consenter(s) only, without influence from another person who is not legally permitted to give consent on behalf of the patient.
Informed: The consenter(s) must be made aware of all relevant information on the treatment the patient is being offered, including the benefits and risks that come with the treatment.
Capable: The consenter(s) must be at a suitable age to consent, as well as not being under the influence of a substance that would hinder their ability to give valid consent, or suffering from a disease that would hinder their ability to make a valid decision.
- ‘psychological/mental health problem’ to be a situation where a licensed psychiatrist deems a patient to be experiencing a psychological problem that may deem them unfit to make a valid decision.
Hereby enacts the following:
1. When a patient is deemed fit to give valid consent, a medical practitioner must ask the permission of the patient prior to administering any treatment.
2. If a patient is under the age of 16, their legal guardian(s) will deliver consent for treatment.
a. In the circumstance where a young person is admitted to hospital without a legal guardian, a medical practitioner may administer treatment without consent, on potential consultation from a social worker, depending on the circumstance.
3. If a patient has appointed a legal power of attorney (POA), that POA has the right to declare consent for treatment on behalf of the patient.
a. If that patient is in a capable mental state to consent, they may override the decision of the POA.
b. If a patient is suffering from a mental health problem that limits their ability to make a valid decision, then the POA may override the decision of the patient.
4. If a patient is suffering from a psychological problem, and they have not appointed a power of attorney, then a medical practitioner may administer treatment without any consent.
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