Section 22-A101. INFORMED CONSENT TO TREATMENT

 

101.1For purposes of this Chapter, the term "informed consent" means that a consumer grants, refuses or withdraws consent to treatment after the MH provider presents the consumer with information about the proposed mental health services, mental health supports, or treatment, in language and a manner that the consumer can understand. As part of informed consent, the consumer must be capable of making and communicating a decision about the proposed mental health service, mental health support, or treatment. The information provided to the consumer shall include an explanation of:

 

(a)The consumer's mental illness or mental health related problem, including diagnosis;

 

(b)The purpose of the proposed mental health service, mental health support, or treatment;

 

(c)The name and dosage of medication prescribed, if that is a proposed treatment;

 

(d)The known and potential common side effects or risks of the proposed mental health service, mental health support, or treatment;

 

(e)The potential benefits of the proposed mental health services, mental health supports, or treatment; and

 

(f)Any feasible alternatives to the proposed mental health services, mental health supports, or treatment.

 

101.2Each MH provider shall obtain informed consent to treatment from each consumer receiving mental health services or mental health supports from the MH provider prior to implementing the consumer's service plan. Informed consent to treatment shall be written. If the consumer is unwilling or unable to sign a consent to treatment form, then the MH provider shall document the reason in the consumer's clinical records.

 

101.3Each consumer shall also be given an opportunity to ask questions about the proposed mental health services, mental health supports, or treatment, and shall be given an opportunity to give informed consent to each component of the individual recovery plan or service plan. The written consent to treatment form shall identify each mental health support, mental health service, or treatment, including the name and dosage of the medication prescribed, if any, for which the consumer has given his or her informed consent. The written consent to treatment form is not the same as the form signed by a consumer consenting generally to receive services from or enrolling with a MH provider.

 

101.4Each MH provider's discussion with a consumer about the information described in § 101.1 shall be documented in the consumer's clinical record. The consumer shall acknowledge, in writing, that the MH provider has provided the consumer with the information necessary for the consumer to give informed consent to the proposed mental health services, mental health supports and course of treatment. If the consumer is unable or unwilling to make this acknowledgement in writing, then the MH provider shall document the reason in the consumer's clinical record.

 

101.5Each MH provider shall document in the consumer's clinical record whether the consumer has consented to the mental health services, mental health supports or course of treatment recommended by the provider. Each MH provider shall document in the consumer's clinical record whether the consumer has declined to consent to the proposed treatment, mental health service or mental health support.

 

101.6If a consumer who has given informed consent to a mental health service, mental health support, or treatment decides he or she no longer consents to the treatment, then the MH provider must document the decision in the consumer's clinical record. A MH provider may not continue providing a specific mental health service, mental health support, or treatment to a consumer who withdraws his or her consent to that particular form of treatment.

 

101.7No MH provider shall administer electroconvulsive treatment to a consumer without the written informed consent of the consumer or a court order issued in compliance with D.C. Official Code § 21-2047(c)(2) and § 21-2211(b).

 

101.8No MH provider shall condition the receipt of any individual mental health service, mental health support or treatment upon the consumer's agreement to accept another mental health service, mental health support or treatment.

 

source

New by emergency and proposed rulemaking at 49 DCR 3058(July 19, 2002)[EXPIRED]; as amended by emergency and proposed rulemaking at 49 DCR 8768(September 20, 2002)[EXPIRED]; Final Rulemaking published at 49 DCR 11245 (December 13, 2002).