Knowledge Library

Idaho Informed Consent Supplement

This supplement to our "Informed Consent Revisited" article contains excerpts from Idaho laws related to informed consent, consent by minors and special consents. Idaho physicians who have questions about a specific patient or who require legal advice may call MIEC’s Claims Office in Boise at 208-344-6378. For general liability questions, physicians and their staff can contact MIEC’s Patient Safety & Risk Management (PSRM) Specialist in Boise at 208-807-2603 or the PSRM Department in Oakland, CA at 800-227-4527. Informed Consent Idaho law provides that consent, or refusal to consent, for the furnishing of health care, treatment or procedures “shall be valid...

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Hawaii Informed Consent Supplement

This supplement to our "Informed Consent Revisited" article contains excerpts from Hawaii laws related to informed consent, consent by minors and special consents. Hawaii physicians who have questions about a specific patient or who require legal advice may call MIEC’s Claims Office in Honolulu at 808-545-7231 or in Oakland, CA at 800-227-4527. For general liability questions, physicians and their staff can call MIEC’s Patient Safety & Risk Management Department in Oakland, CA at 800-227-4527. Informed Consent In the state of Hawaii, physicians must obtain informed consent from a patient prior to proposed medical or surgical treatments and diagnostic or therapeutic...

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New California Laws Going into Effect in 2019

Do you prescribe controlled substances? Do you provide prenatal or postpartum care, or pediatric care for infants? If you answered “yes” to any of these, you will want to know about some new laws taking effect in 2019. Laws are effective January 1, 2019 unless otherwise noted.   AB 1753 (Low) Controlled Substance: Security Prescription Forms This law requires controlled substance security prescription forms to include a unique serialized number in a format approved by the Department of Justice (DOJ). The legislation did not include a transition period to allow for continued use of old prescription forms after January 1....

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Hawai’i Members: Our Care, Our Choice Act Takes Effect in 2019

The state of Hawai’i just became the seventh state in the nation to allow physicians to assist terminally-ill patients in ending their own lives, in a move described by the state’s governor to allow those patients “to make their own end-of-life choices with dignity, grace and peace.”[1] Beginning on January 1, 2019, under the Our Care, Our Choice Act, Hawai’i residents who are mentally capable and suffering from a terminal illness are able to obtain prescriptions for medications to facilitate their death.  HB 2739 was signed into law by Governor David Ige on April 5, 2018, and it is modeled...

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New Alaska Supreme Court Ruling Regarding Ex Parte

New ruling in Alaska restricts disclosure of patient information related to litigation. For decades, Alaska has allowed informal methods of “discovery” (sharing of information) during litigation, including private discussions between defense attorneys and the plaintiff’s treating physicians.  These “ex parte” communications were encouraged by the Alaska Supreme Court, as they facilitated early evaluation and settlement of cases, with a resulting decrease in litigation costs. However, a new ruling by the Court on June 22, 2018, determined that a cultural shift in views on medical privacy warranted overruling this practice. In Harrold-Jones vs. Drury, et al., the Court held that “absent...

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