Cal. Code Regs. tit. 22 § 92309

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 92309 - Informed Consent

The plan used to obtain prior informed consent from patients to be treated by trainees or those legally able to give informed consent for the patients shall be described. It shall include, but not be limited to the following:

(a) A description of the content of the informed consent.

(1) Explanation of the role and status of the trainee, including the ready availability of the trainee's supervisor for consultation.

(2) Assurance that the patient can refuse care from a trainee without penalty for such a request.

(3) Identification that consenting to treatment by a trainee does not constitute assumption of risk by the patient.

(b) Provision that the content of the informed consent, either written or oral, shall be provided in a language in which the patient is fluent.

(c) Documentation in the patient record that informed consent has been obtained prior to providing care to the patient.

(d) Provision for obtaining witnesses to informed consent. Written informed consent must be witnessed. Oral informed consent obtained by the trainee shall have a third party document in writing that he/she has witnessed the oral consent.

(e) Informed consent need be obtained only for those tasks, services, or functions to be provided as a pilot project trainee.

(f) A copy of the language of the informed consent shall be included in the application.

Cal. Code Regs. Tit. 22, § 92309

1. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).
2. Change without regulatory effect amending NOTE filed 2-28-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 9).

Note: Authority cited: Sections 127010 and 128155, Health and Safety Code; and Section 11152, Government Code. Reference: Sections 128150 and 128155, Health and Safety Code.

1. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).
2. Change without regulatory effect amending Note filed 2-28-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 9).