39-4506. SUFFICIENCY OF CONSENT. Consent, or refusal to consent, for the furnishing of health care, treatment or procedures shall be valid in all respects if the person giving or refusing the consent is sufficiently aware of pertinent facts respecting the need for, the nature of, and the significant risks ordinarily attendant upon such a person receiving such care, as to permit the giving or withholding of such consent to be a reasonably informed decision. Any such consent shall be deemed valid and so informed if the health care provider to whom it is given or by whom it is secured has made such disclosures and given such advice respecting pertinent facts and considerations as would ordinarily be made and given under the same or similar circumstances, by a like health care provider of good standing practicing in the same community. As used in this section, the term "in the same community" refers to that geographic area ordinarily served by the licensed general hospital at or nearest to which such consent is given.
History:
[(39-4506) 39-4505, added 2005, ch. 120, sec. 2, p. 382; am. and redesig. 2007, ch. 196, sec. 6, p. 583; am. 2012, ch. 302, sec. 5, p. 828.]
Structure Idaho Code
Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT
Section 39-4501 - PURPOSES — APPLICATION.
Section 39-4502 - DEFINITIONS.
Section 39-4503 - PERSONS WHO MAY CONSENT TO THEIR OWN CARE.
Section 39-4504 - PERSONS WHO MAY GIVE CONSENT TO CARE FOR OTHERS.
Section 39-4505 - BLOOD TESTING.
Section 39-4506 - SUFFICIENCY OF CONSENT.
Section 39-4507 - FORM OF CONSENT.
Section 39-4508 - RESPONSIBILITY FOR CONSENT AND DOCUMENTATION.
Section 39-4509 - STATEMENT OF POLICY — DEFINITION.
Section 39-4510 - LIVING WILL AND DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
Section 39-4511A - REVOCATION OF ADVANCE DIRECTIVE.
Section 39-4511B - SUSPENSION OF ADVANCE DIRECTIVE.
Section 39-4512 - EXECUTION OF LIVING WILL AND DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
Section 39-4512A - PHYSICIAN ORDERS FOR SCOPE OF TREATMENT (POST).
Section 39-4512B - ADHERENCE TO PHYSICIAN ORDERS FOR SCOPE OF TREATMENT (POST) PROTOCOL.
Section 39-4512C - DUTY TO INSPECT.
Section 39-4514 - GENERAL PROVISIONS.
Section 39-4515 - HEALTH CARE DIRECTIVE REGISTRY.
Section 39-4516 - LIFE-SUSTAINING TREATMENT FOR UNEMANCIPATED MINORS.