59MDWI51-302 — Informed Consent And Refusal Of Care

59MDWI51-302 governs Air Force policy and procedures for informed consent in medical treatment and surgical procedures.

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  • Publication number: 59MDWI51-302
  • Title: INFORMED CONSENT AND REFUSAL OF CARE
  • Date: 2020-11-06

View 59MDWI51-302 on armypubs.army.mil


It addresses written consent forms, consent documentation, surrogate consent for incapacitated adults, emergency care, and the duration of effective consent. It requires specific disclosures, records, forms, and renewed consent when specified conditions change.

Applies to: This instruction applies to all personnel assigned, attached, or under contract to the 59 MDW, except for personnel working at the Brooke Army Medical Center.

Topics covered

  • Written consent forms
  • Informed consent documentation
  • Surrogate consent
  • Emergency treatment
  • Consent duration
  • Patient refusal of care

Questions and answers

Who is responsible for obtaining and documenting informed consent?

As prescribed by Texas State Law and AFI 44-102, Medical Care Management, the treating healthcare provider (this includes a resident or fellow with the oversight of the attending provider) is responsible for obtaining and documenting informed consent. (paragraph 1)

Who decides which procedures require written informed consent?

Air Force policy allows each military treatment facility (MTF) to determine which procedures do and do not require documentation of informed consent in light of standard medical practice and relevant state laws. (paragraph 2)

What happens if practitioners comply with the Texas Medical Disclosure Panel's List A requirements?

If practitioners comply, there is a presumption that the legal duty to provide informed consent has been satisfied. (paragraph 2)

How must staff locate a surrogate for an incapacitated adult patient?

A reasonably diligent inquiry must be made to locate the highest priority surrogate before a lower priority surrogate may give consent. (paragraph 8)

How long are written patient consent forms valid?

59 MDW’s policy is that written patient consent forms are valid for 60 days provided the patient’s condition, the type of procedure and the risks do not change. (paragraph 7)

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