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Consent to Medical and Dental Treatment

Why is consent to medical or dental treatment required?

Before a medical or dental practitioner provides treatment to a patient the practitioner must obtain consent for the treatment. The consent is valid if the practitioner has told the patient about:

The patient must be able to understand the treatment provided and agree to the proposed treatment before the treatment can be started. The patient has a right to refuse or withhold consent to the proposed treatment. If the patient cannot understand the practitioner's information about the proposed treatment or is unable to communicate whether or not they consent to the proposed treatment, the practitioner may need to seek substitute consent.

What is substitute consent?

Where a person or agency other than the patient gives consent for medical or dental treatment, it is called 'substitute consent'. This can only occur in accordance with the legislation or an order of the Guardianship and Administration Board (the Board).

Who can give substitute consent for medical or dental treatment?

The following people can give substitute consent to treatment:

When is consent not needed?

There are some instances where consent or substitute consent to medical or dental treatment is not needed:

When can the Board give consent to medical or dental treatment?

After hearing an application for consent to medical or dental treatment the Board may consent to the proposed treatment if it is satisfied:

The Board can give consent to medical or dental treatment on behalf of a person who is incapable of giving consent in the following circumstances:

Consent to Medical or Dental Treatment Fact Sheet (pdf, 275.2 KB)

Consent to Medical or Dental Treatment (Practitioners) Fact Sheet (pdf, 232.5 KB)