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Section 11
Informed Consent
(1) Every health institution shall obtain the customer's informed consent while providing health services. Explanation: For the purpose of this section, "informed consent" means written or verbal consent given by a legally competent person to receive health care.
(2) For the purpose of sub-section (1), written consent shall be obtained to provide prescribed treatment.
(3) Notwithstanding anything contained in sub-section (1) or (2), health services may be provided without the informed consent of the recipient in the following cases:-
(a) If the service recipient is not in a condition to give consent and no one has been given permission or authority to give such consent, his/her spouse, father or mother, grandfather or grandmother, son or daughter of age, brother or sister or the next of kin of the service recipient respectively, unless available. In cases where the individual has consented,
(b) In cases where health services are provided without consent in accordance with applicable laws or court orders,
(c) If there is a serious threat to public health if a person is not treated,
(d) If there is a possibility that the patient may die or his health may be irreparably damaged if there is a delay in providing health services,
(e) The person concerned does not refuse to receive health care, expressly or implicitly or by conduct,
(f) in such other cases as may be prescribed.
(2) For the purpose of sub-section (1), written consent shall be obtained to provide prescribed treatment.
(3) Notwithstanding anything contained in sub-section (1) or (2), health services may be provided without the informed consent of the recipient in the following cases:-
(a) If the service recipient is not in a condition to give consent and no one has been given permission or authority to give such consent, his/her spouse, father or mother, grandfather or grandmother, son or daughter of age, brother or sister or the next of kin of the service recipient respectively, unless available. In cases where the individual has consented,
(b) In cases where health services are provided without consent in accordance with applicable laws or court orders,
(c) If there is a serious threat to public health if a person is not treated,
(d) If there is a possibility that the patient may die or his health may be irreparably damaged if there is a delay in providing health services,
(e) The person concerned does not refuse to receive health care, expressly or implicitly or by conduct,
(f) in such other cases as may be prescribed.