(1) Every health institution shall obtain informed consent of the service recipient, while providing him or her with health service.
Explanation: For the purposes of this Section, the term “informed consent” means written or oral consent given by a person who is legally competent to obtain health service.
(2) For the purposes of sub-section (1), written consent shall be obtained to provide the prescribed treatment.
(3) Notwithstanding anything contained in sub-section (1) and (2), health service may be provided without informed consent of the service recipient in any of the following circumstances:
(a) If the service recipient is not in a condition to give consent or has not given anyone else permission or authority to give such consent, his or her wife or husband, father or mother, grandfather or grandmother, adult son or daughter, brother or sister so far as available respectively or available closest person of the service recipient who has given such consent.
(b) If the health service has been provided without consent under the prevailing law or by an order of the court,
(c) If there is a serious threat likely to occur upon public health if any person is not treated,
(d) If there is a possibility of death of the concerned patient or likely to occur irreparable damage to his or her health if it is delayed to provide health service,
(e) If the concerned person has not refused to obtain health service in an expressed or unexpressed manner or by conduct,
(f) In other cases as prescribed.