Is the provider required to use the consent forms promulgated by the Panel?
If a provider wants to be able to assert the rebuttable presumption that he or she has complied with the duty of disclosure of risks and hazards established by the Consent Statute (see discussion above under “Legal Protections”), the provider must make the disclosure “in the form and to the degree required by the panel.” Consent Statute, Sec. 74.106. Therefore, in obtaining consent for a List A procedure, the provider should disclose the risks and hazards identified by the Panel for that List A procedure and use the Panel’s consent form.
Related Questions
- May a provider add information or text to the Panel’s consent forms other than risks and hazards, such as consent to photographs?
- Is a provider required to disclose the risks identified by the Panel for a List A procedure or to use the Panel’s consent forms?
- Is the provider required to use the consent forms promulgated by the Panel?
