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



(b)  A signed consent form reflecting the
proceeding shall be obtained and maintained as part of the patient’s record. [L
1980, c 272, pt of §1; am L 2008, c 9, §3]



 



Case Notes



 



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