2) The act codified all the elements of consent to health services in one piece of legislation and applies to treatment provided in all health care settings by health practitioners outlined in the act. 3) The act provided a mechanism to obtain a treatment decision from a substitute decision maker for those not capable of consenting on their own behalf.
Definition of Capacity
The definition of capacity is made up of two components:
1) The ability to understand the information relevant to the proposed treatment. 2) The ability to appreciate the reasonably foreseeable consequences of consenting to or refusing treatment or making no decision.
EXERCISE 6: DISCUSSION
How can we determine if a client really does understand the information provided to him or her?
1) Does the client understand what you are saying to him/her?
2) Is he/she able to express himself/herself with respect to treatment?
3) Can he/she identify treatment options?
4) Can he/she describe the proposed treatment in his/her own words?
How can we determine if a client is able to appreciate the consequences of consenting to or refusing treatment? 1) Can he/she apply the information provided to the treatment proposed for his/her horse?
2) Can he/she assess the impact of treatment on his/her horse?
There are two further distinctive features of the consent to treatment act.
Firstly, whereas previously there was an age of consent in Ontario, the new concept of capacity expressed in the act is not age specific. That is to say if I understand the information relevant to the treatment of my horse and appreciate the impact of such, it doesn't matter whether I am twelve years old or forty years old, since capacity does not depend on being a certain age.
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