217.936 Written informed consent required for hyperbaric oxygen therapy

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

treatment.

(1)A veteran or a veteran's legal guardian shall provide written informed consent for

treatment with hyperbaric oxygen therapy in order to receive HBOT to treat

traumatic brain injury.

(2)At a minimum, the written informed consent shall include:

(a)An explanation of the currently approved products and treatments for the

traumatic brain injury from which the veteran suffers;

(b)A description of the potentially best and worst outcomes of using hyperbaric

oxygen therapy and a realistic description of the most likely outcome;

(c)A statement that the veteran's health plan or third-party administrator and

provider shall not be obligated to pay for any care or treatments consequent to

the use of hyperbaric oxygen therapy unless they are specifically required to

do so by law or contract; and

(d)A statement that the veteran understands that the patient shall be liable for all

expenses related to the use of hyperbaric oxygen therapy.

(3)The description of potential outcomes required under subsection (2)(b) of this

section shall:

(a)Include the possibility that new, unanticipated, different, or worse symptoms

may result and that the proposed treatment may hasten death; and

(b)Be based on the treating health care provider's knowledge of the proposed

treatment in conjunction with an awareness of the veteran's condition.

(4)The written informed consent shall be:

(a)Signed by:

1. The veteran; or

2. A legal guardian, if a guardian has been appointed for the veteran; and

(b)Attested to by the veteran's treating health care provider and a witness.