Informed consent in children and adolescents: PROVINCIAL LEGISLATION (part 3)

Ontario: The Health Care Consent Act, 1996 came into force on March 29, 1996 and the Consent to Treatment Act has been repealed. Section 4 of the new act states: a person is capable with respect to a treatment, admission to a care facility … if the person is able to understand the information that is relevant to making a decision about the treatment, (or) admission …, as the case may be, and able to appreciate the reasonably foreseeable consequences of a decision or lack of a decision.
Section 4 states in part that a person is presumed capable with respect to treatment and admission.

Section 10 states that a health practitioner shall not administer a treatment unless he or she believes that the person is capable with respect to the treatment and the person has given consent. Where the health practitioner believes that the person is incapable with respect to the treatment, consent has to be obtained from that person’s substitute decision-maker in accordance with the act. generic levonorgestrel

Section 15 notes that a person may be incapable with respect to some treatments and capable with respect to others.

This entry was posted in Children and adolescents and tagged Capacity to consent, Common law, Informed consent, Minors.