Pennsylvania Statutes Title 40 P.S. Insurance § 1303.504. Informed consent

(a) Duty of physicians.--Except in emergencies, a physician owes a duty, which may be fulfilled by a physician or by a qualified practitioner under subsection (b), to a patient to obtain the informed consent of the patient or the patient's authorized representative prior to conducting the following procedures:

(b) Requirements to obtain informed consent.--Consent is informed if the patient or the patient's authorized representative has been given a description of a procedure set forth in subsection (a) and the risks and alternatives that a reasonably prudent patient would require to make an informed decision as to that procedure. A physician may delegate the task of obtaining the informed consent of the patient or the patient's authorized representative to a qualified practitioner for a procedure under subsection (a) performed by a physician or performed by a qualified practitioner. If claims for failure to obtain informed consent are alleged, the physician or qualified practitioner shall be entitled to present evidence of the description of that procedure and those risks and alternatives that a physician or qualified practitioner, acting in accordance with accepted medical standards of medical practice, would provide.

(b.1) Consent from another qualified practitioner.--A physician or qualified practitioner performing a procedure under subsection (a) may rely on information provided by another qualified practitioner to obtain the informed consent of the patient or the patient's authorized representative.

(b.2) Evidence.--Information provided by another qualified practitioner under subsection (b.1) shall be competent evidence in a proceeding in which it is alleged that a physician or qualified practitioner performing a procedure under subsection (a) failed to obtain informed consent.

(b.3) Construction.--Nothing under this section shall be construed to require a physician to delegate the authority to obtain informed consent to a qualified practitioner or prohibit a patient or the patient's authorized representative from requesting the physician, rather than the delegated qualified practitioner under subsection (b.1), answer a question concerning the procedure, risks or alternatives to the procedure or obtain informed consent. If the patient or patient's authorized representative makes a request that the physician act under this subsection, the physician shall obtain informed consent.

(c) Expert testimony.--Expert testimony is required to determine whether the procedure constituted the type of procedure set forth in subsection (a) and to identify the risks of that procedure, the alternatives to that procedure and the risks of these alternatives.

(d) Liability.--

(e) Human research exception.--The requirements under this section shall be deemed satisfied if informed consent is obtained for human research conducted pursuant to approval by an institutional review board or similar entity in accordance with 21 CFR Pt. 50 (relating to protection of human subjects), 45 CFR Pt. 46 (relating to protection of human subjects) and any other applicable Federal laws and regulations.

(f) Applicability.--A physician or qualified practitioner performing a procedure under subsection (a) shall not be required to obtain a separate or new informed consent from the patient or the patient's authorized representative, provided that informed consent was already obtained by a physician or another qualified practitioner with respect to the procedure.

(g) Definition.--As used in this section, the term “qualified practitioner” means a:

The term shall include another physician and a physician participating in a medical residency or fellowship training program. A qualified practitioner shall have knowledge of the patient's condition and the procedure enumerated under subsection (a) to be conducted on the patient and shall be acting under the supervision of, at the direction of, or in collaboration or cooperation with, the physician.