Consent

Obtain written informed consent or authorization to conduct the medical forensic assessment before proceeding.

  • Written, informed consent requires that the examiner has explained the medical forensic assessment process and the purpose of the assessment, including patients’ right to decline any part or all said assessment.
  • Informed consent is a process, not a single event or document. Continue to inform the patient about the process throughout the medical forensic assessment. Patients have the right to decline any part of the assessment, even after signing the written informed consent document.
  • In the case of suspected child abuse or neglect, the health care provider does not need to obtain informed consent from the patient or caregiver (Texas Family Code §32.005); however, it is best practice to obtain written informed consent if possible.
  • Obtain a separate written informed consent document for photographs.
    • Inform patients how photographs will be used (e.g., investigation, trial, education/training/peer review), the parts of the body you will photograph and patients’ right to decline photographs of any part of the body.
    • Patients have the right to receive a medical forensic assessment if they decline photographs.
  • Obtain a separate written informed consent document to release medical forensic assessment information to law enforcement, attorneys and/or the Department of Family and Protective Services.
  • A minor patient aged 16 or older can decline an assessment even if the health care provider suspects abuse or neglect (Texas Family Code §32.005; Texas Department of State Health Services, 2016).
  • Written informed consent for treatment of a minor must include (Texas Family Code §32.002):
    • Name of the child,
    • Name of one or both parents and any guardians of the child,
    • Name of the person providing consent and relationship to the child,
    • Statement of the nature of the medical treatment, and
    • Date of treatment.
  • Obtain verbal assent from minors before conducting an assessment; document if patient declines the anogenital assessment.