Informed Consent
Informed consent is a valuable component of , ensuring
To protect the public interest, the North Carolina Board of Physical
Therapy Examiners, at its adopted this guidance for licensees about
The COVID-19 global pandemic brought the topic of informed consent to the forefront,
In its 2020 Summary: Telehealth in
Physical Therapy, states:
-to-face encounters is also
expected for telehealth encounte
As
outlined and Board rules
includes:
• physical therapist assistants and physical therapists includes
[§90-
• The Board r
•
AND physical therapist assistant
and
the delivery of health care services, and
•
physical therapy services as documented in current literature, including the Guide to Physical
Therapist Pracce, the Standards of Pracce, and the Code of Ethics
• Standards of Pracce for
Physical Therapy, the Code of Ethics for the Physical Therapist, and the Standards of Ethical
Conduct for the Physical Therapist Assistant The Standards of Pracce document references
both the Code of Ethics and the Standards of Ethical Conduct documentsPrinciple 2C of the
Code of Ethics for the Physical Therapist state
Similarly, the Standards of Ethical Conduct for
the Physical Therapist Assistant Standard 2C includes
• that pertain to the issue of
informed consent: § 90-270.103. Grounds for disciplinary ac�onGrounds for disciplinary acon
shall include but not be limited to the following:
(7) The commission of an act or acts of malpracce, gross negligence or incompetence in
the pracce of physical therapy;
(9) Engaging in conduct that could result in harm or injury to the public.
•
[§ 90-is a
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§ 90-21.13. Informed consent to health care treatment or procedure.
(a) No recovery shall be allowed against any health care provider upon the
grounds that the health care treatment was rendered without the informed
consent of the paent or other person authorized to give consent for the paent
where:
(1) The acon of the health care provider in obtaining the consent of the
paent or other person authorized to give consent for the paent was in
accordance with the standards of pracce among members of the same
health care profession with similar training and experience situated in
the same or similar communies; and
(2) A reasonable person, from the informaon provided by the health
care provider under the circumstances, would have a general
understanding of the procedures or treatments and of the usual and
most frequent risks and hazards inherent in the proposed procedures or
treatments which are recognized and followed by other health care
providers engaged in the same field of pracce in the same or similar
communies; or
(3) A reasonable person, under all the surrounding circumstances, would
have undergone such treatment or procedure had he been advised by
the health care provider in accordance with the provisions of
subdivisions (1) and (2) of this subsecon.
(b) A consent which is evidenced in wring and which meets the foregoing standards, and which
is signed by the paent or other authorized person, shall be presumed to be a valid consent. This
presumpon, however, may be subject to rebual only upon proof that such consent was
obtained by fraud, decepon or misrepresentaon of a material fact. A consent that meets the
foregoing standards, that is given by a paent, or other authorized person, who under all the
surrounding circumstances has capacity to make and communicate health care decisions, is a
valid consent.
(c) The following persons, in the order indicated, are authorized to consent to medical treatment
on behalf of a paent who is comatose or otherwise lacks capacity to make or communicate
health care decisions:
(1) A guardian of the paent's person, or a general guardian with powers over the
paent's person, appointed by a court of competent jurisdicon pursuant to Arcle 5 of
Chapter 35A of the General Statutes; provided that, if the paent has a health care agent
appointed pursuant to a valid health care power of aorney, the health care agent shall
have the right to exercise the authority to the extent granted in the health care power of
aorney and to the extent provided in G.S. 32A-19(a) unless the Clerk has suspended the
authority of that health care agent in accordance with G.S. 35A-1208(a).
(2) A health care agent appointed pursuant to a valid health care power of aorney, to
the extent of the authority granted.
(3) An agent, with powers to make health care decisions for the paent, appointed by the
paent, to the extent of the authority granted.
(4) The paent's spouse.
(5) A majority of the paent's reasonably available parents and children who are at least
18 years of age.
(6) A majority of the paent's reasonably available siblings who are at least 18 years of
age.
(7) An individual who has an established relaonship with the paent, who is acng in
good faith on behalf of the paent, and who can reliably convey the paent's wishes.
G.S. 90-21.13 Page 2
(c1) If none of the persons listed under subsecon (c) of this secon is reasonably available, then
the paent's aending physician, in the aending physician's discreon, may provide health care
treatment without the consent of the paent or other person authorized to consent for the
paent if there is confirmaon by a physician other than the paent's aending physician of the
paent's condion and the necessity for treatment; provided, however, that confirmaon of the
paent's condion and the necessity for treatment are not required if the delay in obtaining the
confirmaon would endanger the life or seriously worsen the condion of the paent.
(d) No acon may be maintained against any health care provider upon any guarantee, warranty
or assurance as to the result of any medical, surgical or diagnosc procedure or treatment unless
the guarantee, warranty or assurance, or some note or memorandum thereof, shall be in wring
and signed by the provider or by some other person authorized to act for or on behalf of such
provider.
(e) In the event of any conflict between the provisions of this secon and those of G.S. 35A-1245,
90-21.17, and 90-322, Arcles 1A and 19 of Chapter 90, and Arcle 3 of Chapter 122C of the
General Statutes, the provisions of those secons and Arcles shall control and connue in full
force and effect. (1975, 2nd Sess., c. 977, s. 4; 2003-13, s. 5; 2007-502, s. 13; 2008-187, s. 37(b);
2017-153, s. 2.5; 2018-142, s. 35(a).)
Informed consent of NC PT and PTA licensees
Both the process surrounding informed consent
may vary depending recommended physical
References:
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FSBPT 2020 Telehealth Policy Resource
NC PT Board Rules
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Code of Ethics for the Physical Therapist
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Standards of Ethical Conduct for the Physical Therapist Assistant
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