[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR35.15]



[Page 115]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 35_HOSPITAL AND STATION MANAGEMENT--Table of Contents

 

                            Subpart A_General

 

Sec. 35.15  Consent to operative procedures.



    Except in emergencies when the patient is physically or mentally 

incapable of consenting and the delay required to obtain the consent of 

his natural or legal guardian would seriously endanger the patient's 

health, no operative procedure shall be undertaken unless the patient 

or, in the case of a minor or incompetent, his natural or legal guardian 

gives his consent, nor shall any major operative procedure or the 

administration of a general anaesthetic be undertaken unless such 

consent has been obtained in writing. The consent or refusal of consent 

shall be made a part of the clinical record.