Disclosure, capacity, surrogates, minors, interpreters, intimate examinations and documentation for U.S. licensees
3CPD hours
20final questions
80%pass mark
PDFcertificate
What you will learn
Explain the legal foundations of U.S. informed consent, including Schloendorff (1914), Canterbury v. Spence (1972) and the professional versus reasonable patient disclosure standards
Identify the state, federal and professional sources of consent obligations, including 42 CFR 482.13, 482.24, 482.51 and 489.102 and AMA Opinion 2.1.1
Apply the five elements of valid consent: capacity, disclosure, understanding, voluntariness and authorization
Use health literacy universal precautions, plain-language risk communication and the teach-back method
Arrange language assistance consistent with Title VI, Section 1557 and 45 CFR 92.201, and effective communication for patients with disabilities
Assess decision-making capacity for a specific decision and identify the lawful surrogate under your state's statute, using Florida and Texas as examples
Apply advance directives and POLST-type orders correctly, including in emergencies
Determine who may consent for a minor, using Texas Family Code 32.003 as a model of state exceptions
Obtain and document express consent for intimate examinations, including teaching examinations under anesthesia, and use chaperones in line with AMA Opinion 1.2.4
Document consent and refusal to a defensible standard, and respond to a consent-related board complaint with targeted remediation
About this course
This course takes U.S. licensees through informed consent from its legal roots to everyday practice: the doctrine from Schloendorff and Canterbury v. Spence, the split between professional and reasonable patient disclosure standards, the elements of valid consent, health literacy and teach-back, language access under Title VI and Section 1557, decision-making capacity, state surrogate statutes, advance directives and POLST-type orders, minors, emergencies, refusal, intimate examinations, chaperones, teaching settings and documentation.
It is written for physicians, PAs, nurses and APRNs, pharmacists, dentists and dental hygienists, physical therapists and other licensed health professionals, whether you want to strengthen everyday practice, prepare for renewal, or respond to a concern raised by a patient, employer or state board.
In the United States, consent rules come from many places at once: your state practice act and board rules, state consent statutes, federal hospital Conditions of Participation, civil rights law and professional codes. Consent failures can lead to lawsuits, facility citations and board discipline that is reported to the National Practitioner Data Bank. This course explains how those layers fit together, uses named state examples where official sources support them, and shows you how to practice and document consent in a way that protects patients and your license.
Course facts
CPD value
Approximately 3 CPD hours (estimated learning time including knowledge checks, reflection and assessment)
Audience
U.S. licensees: physicians (MD/DO), PAs, nurses (RN, LPN/LVN, APRN), pharmacists, dentists and dental hygienists, physical therapists and other licensed health professionals
Standards covered
AMA Opinions 2.1.1 and 1.2.4; ANA Code of Ethics for Nurses (2025); APhA Code of Ethics; ADA Principles of Ethics; AAPA Guidelines; 42 CFR 482.13, 482.24, 482.51 and 489.102; 45 CFR 92.201 (Section 1557); CMS QSO-24-10-Hospitals (2024); named state examples including Florida Statutes 765.401, Texas Health and Safety Code ch. 313, Texas Family Code 32.003, NY Education Law 6530(26) and Regents Rules Part 29
Format
Self-paced, gated lessons with knowledge checks, case studies and reflection
Assessment
20 scenario-based questions, 80% to pass (16 of 20)
Outcome
Certificate of completion and a written reflection for your CE record
Alignment
Mapped to the consent and communication expectations of state medical, nursing, pharmacy and dental boards and national professional codes (independent; not board-approved or endorsed by any board or association)
Syllabus
11 sections, 3 CPD hours, 20-question final assessment
1The U.S. legal and ethical foundations of informed consent3 lessons
Why informed consent matters to every licensee
Landmark cases and the two disclosure standards
The layers of U.S. consent rules: state, federal and professional
2The elements of valid consent and the consent conversation3 lessons
The elements of valid informed consent
What to disclose and who should obtain consent
Consent across settings and professions
3Communication, health literacy and language access3 lessons
Health literacy, plain language and teach-back
Interpreters and language access
Shared decision-making and difficult conversations
4Decision-making capacity, surrogates and advance care planning3 lessons
Assessing decision-making capacity
Surrogates and state surrogate consent statutes
Advance directives, POLST and planning ahead
5Minors, emergencies and refusal of treatment3 lessons
Consent for minors
Emergencies and the limits of the emergency exception
Informed refusal and withdrawal of consent
6Intimate examinations, chaperones and teaching settings3 lessons
Consent for intimate and sensitive examinations
Chaperones
Students, trainees, observers and research
7Documenting consent and communication2 lessons
What good consent documentation looks like
Consent forms, record integrity and retention
8When consent is questioned: board discipline, insight and remediation2 lessons
How consent failures become board actions
Responding to a consent concern: insight, reflection and remediation
9Conclusion and key points1 lesson
Conclusion and key points
10References and further reading1 lesson
References and further reading
11Reflection1 lesson
Your reflective account
Who this course is for
U.S. licensees: physicians (MD/DO), PAs, nurses (RN, LPN/LVN, APRN), pharmacists, dentists and dental hygienists, physical therapists and other licensed health professionals.
Certificate of completion. Not CE or CME credit unless accepted by your board.
Your name, the course title and the CPD hours
Completion date and a unique certificate ID that can be verified
Downloads as a PDF; save it to your portfolio
Fitness To Practice
Certificate of Completion
This certifies that
Your Name
has successfully completed
Informed Consent and Patient Communication
Completed12 Oct 2026
3CPD hours
Certificate IDFTS-7Q4K-2M9X
Certificate of completion — United States
Questions about this course
What are the five elements of valid informed consent?
The course teaches capacity, disclosure, understanding, voluntariness and authorization. AMA Opinion 2.1.1 adds practical steps: assess the patient's ability to understand, give the diagnosis, purpose of the intervention and the risks, burdens and benefits of each option, not forgetting the choice to do nothing, and document the discussion.
Which disclosure standard applies in my state?
States differ between a professional (reasonable physician) standard and a reasonable patient standard, often traced to Canterbury v. Spence (1972). The course explains both and shows how to disclose what a reasonable patient would want to know, which is a safe approach under either standard. Check your state's law for specifics.
Who can consent when a patient lacks decision-making capacity?
Capacity is assessed for each specific decision. When it is lacking, consent usually comes from an agent under an advance directive or health care power of attorney, or a surrogate under your state's surrogate consent statute. The course covers how to identify the lawful surrogate and apply advance directives and POLST-type orders.
Does the training cover consent for intimate exams under anesthesia?
Yes. A full section covers obtaining and documenting express consent for intimate examinations, including teaching examinations under anesthesia, and offering chaperones as AMA Opinion 1.2.4 recommends. It also covers consent for minors, using Texas Family Code 32.003 as a model of state exceptions.
Is the informed consent training accredited?
No. No board has approved it and it offers no CE/CME credit; it is independent learning. In around 3 hours you study at your own pace, reach 80% on a 20-question test, and then download your certificate of completion and reflective account. It costs $89.
Accurate, timely, defensible records: CMS entry rules, medical necessity, cloned notes and AI scribes, corrections and addenda, access requests and retention.
What happens after a state board letter arrives: investigation, your written response, settlement conferences, consent orders, hearings and NPDB reporting.