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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34271
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is there a law in the UK that states a person obtaining consent

Resolved Question:

Is there a law in the UK that states a person obtaining consent for a medical treatment has to be either a nurse or doctor
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstCould you explain a little more about the situation?
Customer: replied 1 year ago.
Hi
I work for a health care provider of termination of pregnancy. For several years we provided training for unqualified staff (health care assistants) to conduct consultations with clients, explain all the possible options of treatment available dependent upon gestation and they also consented those clients for medical terminations as they were the individuals who had provided the client with the information. They attended a consent training course and have been taught in-house regarding consultation and procedures. In addition they have been assessed by the doctors within the company for competence for obtaining consent. Recently this practice has been stopped by a new clinician who states it is unlawful so I wanted clarification, while looking at the GMC and DOH documents I cannot see why this is the case. If you could clarify this from a medical legal point that would be helpful.
many thanks
Michelle
Expert:  Clare replied 1 year ago.
There is certainly no law which states that it has to be a Nurse or a Doctor.However best practice would be that it is the Doctor dealing with the procedure who completes the form - and of Court Insurers may impose their ownThe GMC guidance is this26. If you are the doctor undertaking an investigation or providing treatment, it is your responsibility to discuss it with the patient. If this is not practical, you can delegate the responsibility to someone else, provided you make sure that the person you delegate to:a. is suitably trained and qualifiedb. has sufficient knowledge of the proposed investigation or treatment, and understands the risks involvedc. understands, and agrees to act in accordance with, the guidance in this booklet.27. If you delegate, you are still responsible for making sure that the patient has been given enough time and information to make an informed decision, and has given their consent, before you start any investigation or treatment. Obviously the question of who is qualified is a subjective one - and it is of course open to the new clinician to decide that he or she is not happy with delegating this to some on who is not medically trained - and as I said there may also be issues with regard to insurancePlease ask if you need further details
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