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Mich. Comp. Laws Ann. § 333.1716 - Surgery; consent

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A mental health patient must give informed consent, either directly or through a third-party, prior to any surgeries. Informed consent must come in one of the following forms:

  • From the patient, if the patient is 18 years or older;
  • From a guardian if the guardian is legally capable of consenting to surgery;
  • From a parent who has legal and physical custody of the patient; and
  • From a representative authorized to consent under durable power of attorney.

If surgery is required due to a medical necessity, consent does not have to be obtained so long as the medical necessity has been documented and entered into the patient’s medical record.

Current as of June 2015