§334E-1  Informed consent.  (a)  Beforeany nonemergency treatment for mental illness can commence, informed consent,as required by section 671-3 and as defined by the Hawaii medical board ofpursuant to the authority vested in it by that section, shall be obtained fromthe patient, or the patient’s guardian, if the patient is not competent to giveinformed consent.

(b)  A signed consent form reflecting theproceeding shall be obtained and maintained as part of the patient’s record. [L1980, c 272, pt of §1; am L 2008, c 9, §3]

 

Case Notes

 

  Where defendant doctor never properly established at trialthe "therapeutic privilege exception" to the requirement thatinformed consent be obtained before starting patient on antipsychoticmedication, trial court erred in refusing to instruct jury concerning the tortof negligent failure to provide informed consent.  98 H. 470, 50 P.3d 946.