Standard 6 - Consent
Standard 6 - Consent
Respiratory Therapists (RTs) must, prior to initiation and throughout the provision of patient/client care, confirm that voluntary informed consent has been obtained from patients/clients in accordance with all relevant legislative and regulatory requirements relating to consent, capacity, and substitute decision-makers.
Performance Requirements
RTs:
- Must ensure there is a mechanism for obtaining voluntary informed consent for care, treatment, and participation in research.
- If necessary, determine if patients/clients are capable of providing informed consent; and if deemed to be incapable, obtain consent from a designated substitute decision-maker.
- Communicate with patients/clients to explain the proposed treatment(s) and facilitate their understanding of the benefits, risks, possible treatment alternatives, and consequences of not participating in the proposed care.
- Respect the patients’/clients’ autonomy to question, refuse treatment, or withdraw from care at any time.
- Obtain patients’/clients’ consent to proposed and ongoing care or withdrawal of care, and as required, document accordingly.
Patient/Client Expected Outcome
Patients/clients can expect that RTs confirm that informed consent has been obtained to the proposed care and that patients/clients have the right to question, refuse, or withdraw from care at any time.
Related Standards
- Communication
- Documentation & Information Management
- Patient/Client Assessment & Therapeutic Procedures
- Professional Responsibilities
Related Resources
- College of Respiratory Therapists of Ontario. (2021). A Commitment to Ethical Practice. Available at: https://ethics.crto.on.ca.
- College of Respiratory Therapists of Ontario. (2022). Responsibilities under Consent Legislation. Professional Practice Guideline. Available at: https://responsibilities.crto.on.ca.
- Nova Scotia Government. (2008). Personal Directives Act. Available at: https://nslegislature.ca/sites/default/files/legc/statutes/persdir.htm
- Nova Scotia Government. (1989). Medical Consent Act. Available at: https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-279/latest/rsns-1989-c-279.html.
- National Alliance of Respiratory Therapy Regulatory Bodies. (2016). National Competency Framework for the Profession of Respiratory Therapy. Part 1. National Standards for Entry-to-Practice. Available at: https://nartrb.ca/download/ncf-part-i-entry-to-practice-2016.
- National Alliance of Respiratory Therapy Regulatory Bodies. (2024). National Competency Framework. Available at: https://nartrb.ca/national-competency-profileframework.
- Nova Scotia Regulator of Respiratory Therapy. (2015). Code of Ethical and Professional Practice. Available at: https://nsrrt.ca/professional-practice/code-of-ethics
- Nova Scotia Government. (2013). Consent, Capacity, and Substitute Decision-Makers. Available at: https://novascotia.ca/dhw/phia/documents/chapters/4-Consent-Capacity-and-Substitute-Decision-Makers.pdf
Glossary
Capable refers to “mentally capable; a person is capable if they are able to understand the information that is relevant to making a decision about the treatment and are able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.”[1]
Communicate refers to “the process of exchanging information, ideas, thoughts, feelings, or messages between individuals or groups using verbal, non-verbal, written, or visual methods”.[2]
Incapable/incapacity “A person is incapable with respect to a treatment if the person is not able to understand the information that is relevant to making a decision about the treatment or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision”.[3]
Informed consent means that the information relating to the treatment must be received and understood by the patient/client. Consent may be implied or expressed. Implied consent is determined by the actions of the patient/client. Implied consent may be inferred when performing a procedure with minimal risk that the patient/client has consented to previously and acts in a manner that implies their consent. Expressed consent is more official and may be written or oral.[4]
Patient/client care refers to all the services provided by Respiratory Therapists, including, but not limited to, assessment, treatment, and education interventions. [5]
Patient/client refers to “individual, group, community or population who is the recipient of respiratory therapy services and, where the context requires, includes a substitute decision-maker for the recipient of respiratory therapy services”.[6]
Substitute decision-makers refer to “individuals who may give or withhold consent on behalf of an incapacitated patient/client (e.g., guardian, attorney for personal care, spouse, partner).”[7]
[1] College of Respiratory Therapists of Ontario. (2022). Responsibilities under Consent Legislation. Professional Practice Guideline. Available at: https://responsibilities.crto.on.ca/
[2] Open AI. (2025). ChatGPT (May 14 version) [Large language model]. https://chatgpt.com
[3] Health Care Consent Act, 1996, S.O. 1996, c. 2, Sched. A, s. 4. Available at: https://www.ontario.ca/laws/statute/96h02
[4] College of Respiratory Therapists of Ontario. (2022). Responsibilities under Consent Legislation. Professional Practice Guideline. Available at: https://responsibilities.crto.on.ca/
[5] College of Respiratory Therapists of Ontario. (2021). A Commitment to Ethical Practice. Available at: https://ethics.crto.on.ca/
[6] Nova Scotia Government. Regulated Health Professions Act (2023). Available at: https://nslegislature.ca/sites/default/files/legc/statutes/regulated%20health%20professions.pdf
[7] College of Respiratory Therapists of Ontario. (2022). Conflict of Interest. Clinical Practice Guideline. Available at: https://conflict.crto.on.ca/