SAQ 71 – Admin – disclosure and competence

Question 4. disclosure and competence.

a. Disclosure request requirements. (4 marks)

• The request should be in writing.
• It should specify which part of the record is requested.
• It should be signed by the patient as evidence of consent.
• The signature should be witnessed to reduce concern about duress.

b. Disclosure without consent. (4 marks)

• Statutory reporting requirements, such as notifiable disease, venereal disease, birth/death registration, coronial cases, child non-accidental injury, or firearm safety legislation.
• Impaired health practitioner concerns.
• Life-threatening assault.
• Court order or disclosure in court.
• Significant risk to the public.
• Domestic violence reporting where relevant legislation applies.

c. Competence. (1 mark)

• A legal concept describing whether a person has sufficient capacity, ability, or authority to consent to or refuse treatment and participate in decision-making.

d. Elements of competency. (4 marks)

• Can maintain and communicate a choice.
• Understands the relevant information.
• Appreciates the situation and consequences.
• Can reason with the information in a rational way.