Consent and capacity

  • Advance decisions and proxy decision-making in medical treatment and research

    Guidance, published in June 2007, which covers the law and ethical issues involved in competent individuals making advance decisions about their later medical treatment, and proxy decisions about medical treatment made by other people on behalf of adults who lack mental capacity. It is applicable to England and Wales, Scotland, Northern Ireland.
  • Assessment of mental capacity, 2nd edition

    A book published in 2004 by the BMA and the Law Society for health and legal professionals, carers and all those involved in looking after people with suspected mental impairment. It covers England and Wales only.
  • Consent form for the release of health records - England and Wales

    Consent form from the BMA and the Law Society to use where solicitors are seeking access to their clients' records under the Data Protection Act, July 2003
  • Consent form for the release of health records - Scotland

    Consent form from the BMA and the Law Society to use where solicitors are seeking access to their clients' records under the Data Protection Act.
  • Consent tool kit, 3rd edition

    The tool kit, published in August 2007, consists of a series of cards relating to specific areas of consent such as providing treatment to children; consent and research; and obtaining consent for teaching purposes.
  • Consent working party - report

    A report and accompanying tool kit from a BMA working party which is to act as a guide to gaining patient consent. It is designed to help doctors work through the practical problems, ethical dilemmas and legal pitfalls.
  • Intimate body searches

    Joint guidance from the BMA and the Faculty of Forensic and Legal Medicine for doctors asked to perform intimate body searches of people in police custody, prisoners or people suspected by HM Customs and Excise of smuggling drugs or other goods.
  • Law and ethics of male circumcision

    Guidance, published in June 2006, which addresses the queries medical practitioners raise with the BMA about both therapeutic and non-therapeutic male circumcision.
  • Medical treatment for adults with incapacity : guidance on ethical and medico-legal issues in Scotland

    The Adults with Incapacity (Scotland) Act 2000 sets out the framework for regulating intervention in the affairs of adults who have impaired capacity. This guidance, updated in October 2002, examines the Act and its implications in detail.
  • Taking blood specimens from incapacitated drivers 2007

    Guidance from the BMA and the Faculty of Forensic and Legal Medicine, revised in February 2007, on the law and ethics of taking blood specimens from incapacitated drivers.
  • The Mental Capacity Act 2005: Guidance for health professionals

    The Mental Capacity Act 2005 provides a comprehensive framework for decision-making on behalf of adults aged 16 and over who lack capacity to make decisions on their own behalf. The Act applies to England and Wales. Scotland has its own legislation, the Adults With Incapacity (Scotland) Act 2000 for which the BMA has produced a separate guidance note. The approach in Northern Ireland is currently governed by common law. A webcast is also available by Dr Julian Sheather on the Mental Capacity Act and its impact on medical decision-making.
  • The older person - consent and care

    A working document, published in 1995, aimed at those caring for older people. Prepared by specialists from the BMA, Royal College of Nursing and Age Concern, it provides background information based on issues surrounding caring for older people and practical guidance

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