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Informed Consent – Other Practitioners or Students Performing Tasks Related to Surgery, or Examinations or Invasive Procedures

What are the informed consent requirements when other practitioners or health profession students will be performing important tasks related to surgery, or intimate/sensitive examinations or invasive procedures for educational or training purposes?

Any examples are for illustrative purposes only.

Scenario 1: Important tasks related to surgery, or intimate/sensitive examinations or invasive procedures involving sedation or anesthesia may be performed by another physician, an advanced practice provider, medical student, or other health profession student for educational or training purposes.  The hospital's policy includes the following: 
  • The informed consent discussion includes informing a patient when important tasks related to surgery, or an intimate/sensitive examination or invasive procedure that INVOLVE sedation or anesthesia may be performed by another physician, an advanced practice provider, medical student, or other health profession student for educational or training purposes.
  • A signed consent form is obtained that includes this information.
Scenario 2: Important tasks related to surgery, or an intimate/sensitive examination or invasive procedure that DOES NOT involve sedation or anesthesia may be performed by another physician, an advanced practice provider, medical student, or other health profession student for educational or training purposes.  The hospital's policy includes the following: 
  • The informed consent discussion includes informing the patient when important tasks related to surgery, or an intimate/sensitive examination or invasive procedure that does NOT involve sedation or anesthesia may be performed by another physician, an advanced practice provider, medical student, or other health profession student for educational or training purposes.
  • A note must be entered into the medical record that the informed consent discussion included informing the patient that another physician, an advanced practice provider, medical student, or other health profession student may perform tasks related to surgery, or an intimate/sensitive examination, or an invasive procedure for educational or training purposes. A signed informed consent form may be used in lieu of a note but is not required, unless required by HCO policy.
In both scenarios, documentation of consent is required. 

Examples of health profession students may include, but not limited to:
  • Residents
  • Medical students
  • Advanced practice providers
  • Anesthesia providers
  • Surgical techs
  • First assists
  • Nurse Practitioner
  • Physician Assistant
Examples of important surgical tasks may include, but not limited to:
  • opening and closing 
  • dissecting tissue 
  • removing tissue 
  • harvesting grafts
  • transplanting tissue 
  • administering anesthesia
  • implanting devices
  • placing invasive lines 
Examples of intimate/sensitive examinations or invasive procedures may include, but not limited to:
  • breast exams
  • pelvic exams
  • prostate exams
  • rectal exams
  • others as specified by state law
Additional Resources
US Centers for Medicare & Medicaid Services' (CMS):  Memo QSO-24-10-Hospitals 
Manual: Hospital and Hospital Clinics
Chapter: Rights and Responsibilities of the Individual RI
New or updated requirements last added: August 14, 2024. New or updated requirements may be based on revisions to current accreditation requirements, regulatory changes, and/or an updated interpretation in response to industry changes. Substantive changes to accreditation requirements are also published in the Perspective Newsletter that is available to all Joint Commission accredited organizations.
Last reviewed by Standards Interpretation: August 14, 2024 Represents the most recent date that the FAQ was reviewed (e.g. annual review).
First published date: July 29, 2024 This Standards FAQ was first published on this date.
This page was last updated on August 14, 2024 with update notes of: Reflects new or updated requirements Types of changes and an explanation of change type: Editorial changes only: Format changes only. No changes to content. | Review only, FAQ is current: Periodic review completed, no changes to content. | Reflects new or updated requirements: Changes represent new or revised requirements.
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