Federal Patient Self-Determination Act: The requirements of the Patient Self-Determination Act are deceptively simple. The law was passed by Congress November 5, 1990 and went into effect December 1, 1991. It is based on the principles of informed consent. The law lays the foundation for the exercise of the patients decision-making authority which will affect the course of treatment for all patients whether or not they possess decisional capacity. Section 489.102 Requirements for providers Provide written information to such individuals concerning An individual’s rights under State law (whether statutory or recognized by courts of the State) to make decisions concerning such medical cars, including the right to accept or refuse medical or surgical treatment and the right to formulate, at the individual’s option, advance directives. Providers are permitted to contract with other entities to furnish this information but are still legally responsible for ensuring that the requirements of this section are met. The Spirit of the Law. The right of patients to consent to or refuse treatments is the basis of everything to be found in this law. This is an application of the basic liberty which we all enjoy in a democratic society. In spite of the clear identification of this right in both ethics and the law, patients often think that they must accept treatments when they are offered. In a sense the offering of treatment often defaults to its initiation with very little actual reflective decision-making on the part of the patient involved. The Patient Self-Determination Act is intended to amplify autonomous decision-making by helping patients clearly understand that they can take control of their healthcare even to the point of refusing any or all treatments. som.unm.edu/ethics/_docs/patient-self-determination-act.pdf
Posted on: Wed, 29 Jan 2014 15:22:51 +0000
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