##Consent

**1. //Consent//. The consent shall conform to the requirements of an informed consent which are competence, amount and accuracy of information, patient understanding and voluntariness. The following are the characteristics of a valid informed consent: \\ \\
a.) //Competence//- Sound mind, at least 18 years old, and not under the influence of drugs or liquor; \\ \\
b.)//Amount and Accuracy of Information//- Relevant factual data about a procedure and/or treatments, its benefits, risks, and possible complications or outcomes;\\ \\
c.)//Patient Understanding//- Education, language or dialect;\\ \\
d.) //Voluntariness//- Make an autonomous decision without force or intimidation, and understands that he/she can withdraw consent anytime without consequence.\\ \\

**1.1. For Persons with Disabilities (PWDs).** Use of appropriate means of communication such as verbal or sign language.\\ \\

**1.2. Persons to Obtain Consent.** Consent shall be obtained by a duly authorized staff who shall be responsible for the orientation of the patients regarding PHIE implementation and validation of patient information.\\ \\

**1.3. Persons to Give Consent.** The following persons are authorized to give consent: \\ \\
a.) Patient of legal age and of sound mind;\\ 
b.) Immediate relatives within 3rd degree of consanguinity based on hierarchy;\\ \\
c.) Cohabitant partner for a minimum of 1 year or identified guardian;\\
d.) Persons with special power of attorney; \\
e.) For minor patients, the consent shall be given by either parents if legally married;\\
f.) Social worker;\\
g.) Attending physician.\\ \\

**1.4. When to get consent.** Upon order of discharge/ prior to discharge from the health facility.\\ \\

**1.5. The Consent Form.** The standard "Consent for Participation to PHIE" shall be used by participating health care providers.\\ \\

**1.6. Valid formats of consent.** The consent can either be in written and/or electronic form that is signed by the patient, guardian, or legal representative. Once the consenting patient is incapable to imprint his signature, a finger print, thumb mark, electronic signature, biometrics may be considered but must be witnessed by a person of legal age. \\ \\

**1.7. Revocation and Reinstating Consent.** When an unconscious patient becomes able (becomes conscious and is of legal age), he/she may revoke the consent previously given by their authorized representative.\\ \\

**1.8. Exemptions for Consent** For national security purpose, the following situations do not need consent for information to be processed in the PHIE provided that these are not in conflict with other existing laws: \\ \\
a.) Republic Act 3573: Law of Reporting Communicable Diseases;\\ 
b.) Administrative Order No. 2008-0009: Adopting the Revised List of Notifiable Diseases, Syndromes, Health-Related Events and Conditions; \\
c.) Public health emergency and international concerns.\\ \\ \\

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References:\\
  *  Department of Health, NCHFD. (2010). //Hospital Health Information Management Manual 3rd Edition,// Manila, PH: Department of Health\\
  * Hosek S., Straus S. (2013). //Patient Privacy, Consent and Identity Management in Health Information Exchange. Issues for the Military Health System.// Santa Monica, CA: RAND Corporation.\\






##See Also
  * [[Consent Form]]
  * [[consolidated_workshop_outputs|Privacy Set of Rules (SOR)]]\\
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