Informed consent means written consent voluntarily signed by a patient who is competent and who understands the terms of the consent, or by the patient's legal guardian or the parent of a minor, as permitted under state law, without any form of coercion, or temporary oral consent obtained by telephone. (Wis. Admin. Code § DHS 94.02(22))
Under state law, a patient must provide written, informed consent in the following situations:
- To perform labor which is of financial benefit to the facility
- For all medication and treatment (unless court-ordered)
- To be subjected to experimental research
- To be subjected to psychosurgery, or other drastic treatment procedures
- For release of treatment records (Exceptions)
- To be filmed or taped
- For customary and usual treatment techniques and procedures, " unless the person has been found not competent to refuse medication and treatment." In the case of a minor, the written, informed consent of the parent or guardian is required. If the minor is 14 years of age or older, the written, informed consent of the minor and the minor's parent or guardian is required
Informed consent in many cases may be exercised by the patient's legal guardian if the patient has been adjudicated incompetent and the guardian is so empowered, or by the parent of the patient if the patient is a minor.
Requirements for informed consent are further outlined in Wis. Admin. Code § DHS 94.03.
Last Revised: October 25, 2016
