The ''Health Care Consent Act'' (HCCA) is an Ontario law that has to do with the capacity to
consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
to treatment. See also:
informed consent
Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatm ...
.
The HCCA states that a person has the right to consent to or refuse treatment if they have mental
capacity. In order to have capacity, a person must have the "ability" to ''understand'' and ''appreciate'' the consequences of the treatment decision. The law says that “a person is capable with respect to a treatment, admission to a care facility or a personal assistance service if the person is able to ''understand'' the information that is relevant to making a decision about the treatment, admission or personal assistance service, as the case may be, and able to ''appreciate'' the reasonably foreseeable consequences of a decision or lack of decision”.
Relationship to other Acts
The Ontario HCCA is relevant to the Ontario ''
Mental Health Act
Mental Health Act is a stock short title used for legislation relating to mental health law.
List Canada
* Mental Health Act (Ontario) (Ontario)
India
*The Mental Health Care Act, 2017
Ireland
*The Mental Health Act 2001
New Zealand
*The Me ...
'' (MHA) because, while the MHA governs detention in a psychiatric facility, the HCCA governs whether or not a person can be treated while in hospital
(for example, with anti-psychotic medication that can reduce symptoms of serious mental illness such as
schizophrenia
Schizophrenia is a mental disorder characterized by continuous or relapsing episodes of psychosis. Major symptoms include hallucinations (typically hearing voices), delusions, and disorganized thinking. Other symptoms include social wi ...
).
The Ontario HCCA is relevant to the ''
Substitute Decisions Act
The ''Substitute Decisions Act'' (the Act) is an act of the Legislative Assembly of Ontario in Ontario, Canada. It establishes the legal criteria determining when a person has the ability to make decisions that are fundamental to his/her we