Secondly, under consent to treat, there is no global concept of capacity. This means that a person can be found to be competent at one time and incompetent at another. For example, a psychiatric patient in an active phase of manic depression might be assessed as incompetent while he/she remains in a manic phase. However, when the active phase subsides and I return to fairly normal functioning, I could at this time be assessed competent and able to make treatment decisions for myself. In common law a person is presumed to be competent unless we have reason to doubt their competence. The following factors however do not constitute valid grounds to doubt competence:
1) 2) 3)
Differences in religious belief systems
Language or handicap issues
Cultural differences
Elements or Components of Consent to Treatment (According to consent to treatment act Section 5) 1-4
1) Consent must relate to the treatment provided. For example, if I consent to a neck and shoulder massage for my horse, the horse must receive a neck and shoulder massage, not a lower back and leg massage.
2) Consent must be informed. This means the person must have received:
a)
The information about the treatment.
b) An explanation of the client’s condition in terms understandable to the person receiving the explanation. c) Information about alternative or optional forms of treatment. d) The physical effects of receiving treatment. e) Risks and side effects of receiving treatment. f) The consequences of not having treatment. g) Request for other information concerning the treatment, alternative treatment options, physical effects and consequences of not having treatment. 3) The consent must be provided voluntarily without coercion of any kind. For example, if I am informed that I must comply with the wishes of my therapist or seek another therapist, and I provide my consent with the fear that I may not find another therapist, my consent is only technically voluntary. In reality, I may not believe I have a choice except to comply with my therapist. 4) The consent must not have been obtained through misrepresentation or fraud. If I am licensed as a registered equine massage therapist I must treat within my scope of practice and represent myself accordingly as an R.E.M.T.
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