California Board of Chiropractic Examiners adopts Informed Consent Requirements
Tuesday, September 13th, 2011 4:25 pmThe California Board of Chiropractic Examiners has recently adopted Informed Consent requirements which compel chiropractors to obtain patients' consent after being fully informed of any potential risk of harm to the patient in relation to medical treatment. The new legislation takes effect on October 7, 2011, and will require informed consent both orally and in writing prior to the performance of chiropractic clinical care. Violation of the new law will constitute unprofessional conduct which will very likely lead to the Board of Chiropractic Examiners to initiate disciplinary proceedings against practitioners who fail to adhere to the requirements. (Dynamic Chiropractic, California Board of Chiropractic Examiners, 9/12/11)
Can a chiropractor in california make a video where he/she reads the informed consent form to his patients and then goes in after the viewing the video to witness the patient sign and answer any questions? Does this cover the verbal part of the consent now required per 319.1 of california code?
Without rendering a legal opinion relating to your specific informed consent video, a general analysis of the issue suggests that such a manner of informing patients of potential risks would satisfy the verbal requirements of Cal. Code of Regulations section 391.1. However, “best practices” would include an in person statement made to the patient prior to treatment regarding their individual condition and any related potential risks.
For specific legal advice or further clarification of the issue, please contact our law firm for a free consultation or consult with the Cal. Board of Chiropractic Examiners regarding your specific case.