Consent occurs when a healthcare provider (ie, nurse, doctor, therapist, medical professional) explains a medical treatment to a patient, the patient asks any questions they may have, and then patient makes a decision to accept or deny the treatment. It is important for a patient to make an educated and informed decision about their health and medical care.
In a healthcare setting, the process of consent includes:
- a patient’s ability to make a decision
- a patient receiving and understanding the medical information
- a patient’s voluntary decision to get treatment, or choosing to decline treatment
If a patient is under the age of 18, a parent or legal guardian must give consent for general medical health care. There are some exceptions. New Mexico state law allows for youth to provide consent, without parent permission, with regard to specific behavioral health/mental health care and reproductive health care services. Also, in the case of an emergency.
It is important to know what your state law says about providing consent and confidentiality.