HAR §16-85-25. General standards for categories of information

(a) Except as provided in subsection (b), where standards of medical practice indicate that a health care provider should provide the patient, or the patient’s guardian, with information prior to obtaining consent for proposed medical or surgical treatment, or for a diagnostic procedure, information satisfying the following categories shall be supplied to the patient or the patient’s guardian: (1) The condition to be treated or the suspected existence of which is the indication for a diagnostic procedure; (2) A description of the proposed medical or surgical treatment or diagnostic procedure; (3) The intended and anticipated result; 85-11 §16-85-25 (4) The recognized alternative treatments or diagnostic procedures, including the option of not providing treatment or performing the diagnostic procedure; (5) The recognized substantial risks of serious complication or mortality associated with the proposed treatment or diagnostic procedure, with the recognized alternative treatments or diagnostic procedures, and with not undertaking treatment or diagnosis; and (6) The recognized benefits of the proposed treatment or diagnostic procedure, of recognized alternative treatments or diagnostic procedures, and of not undertaking treatment or diagnosis. (b) The disclosure of information required by subsection (a) may be withheld if in the judgment of the health care provider the information would be detrimental to the patient’s mental or physical health, or not in the best interest of the patient, provided that such action is consistent with general standards of medical and surgical practice. [Eff 1/27/79; am and ren §16-85-25, 6/12/81; am and comp 7/27/87; comp 10/28/89; comp 8/25/90; comp 12/22/97] (Auth: HRS §§453-5.1, 463E-12) (Imp: HRS §671-3)