§334E-1 - Informed consent. - Hawaii Statutes

     §334E-1  Informed consent.  (a)  Before any nonemergency treatment for mental illness can commence, informed consent, as required by section 671-3 and as defined by the Hawaii medical board of pursuant to the authority vested in it by that section, shall be obtained from the patient, or the patient’s guardian, if the patient is not competent to give informed consent.

     (b)  A signed consent form reflecting the proceeding shall be obtained and maintained as part of the patient’s record. [L 1980, c 272, pt of §1; am L 2008, c 9, §3]

 

Case Notes

 

  Where defendant doctor never properly established at trial the "therapeutic privilege exception" to the requirement that informed consent be obtained before starting patient on antipsychotic medication, trial court erred in refusing to instruct jury concerning the tort of negligent failure to provide informed consent.  98 H. 470, 50 P.3d 946.